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• <br /> GREGORY J. HE' LUNG <br /> Attorney at Law <br /> 13000 Crooked Lake Blvd. <br /> Coon Rapids, MN 55448 <br /> (61 2) 755-0576 <br /> r\X: (612) 7557256 <br /> MEMORANDUM <br /> TO The Centerville City Council yj <br /> FROM Greg Hellings, Centerville City Attorney <br /> DATE: Febntary 27, 1997 <br /> RE:: Central Park Lot Split <br /> Please consider this memorandum as my legal opinion arid authorization in the above referenced <br /> matter. As you are aware. when the survey was completed prior to the City's acquisition of the <br /> Central Park property fi on the LaMoite trust, it was determined that two ot'the adjoinina properties <br /> had boundary line problems to the extent that fences and other appurtenant structures %%ere <br /> determined to be on the property owned by the Trust and proposed to he sold to the City. Please see <br /> the enclosed diagram. As Such, the City Council determined with input from the Planning <br /> Commission and the Park and Recreation Comnvssion that the Trust should sell the property <br /> diagramed on the enclosure to the respective adjoining property owners. This has now been <br /> completed and the City has acquired the remaining land for Central Park, <br /> In reviewing City records. no notation can be found that this lot spirt was ever formally approved by <br /> the City of Centerville. Lot Split approval is necessary in order for all parties to record the deeds for <br /> these land transfers. My notes indicate that the lot split was to have been considered by the <br /> appropriate City bodies in March or April of 1996 and is confirmed by a writing to the former City <br /> Clerk. However, no record of these discussion can he found in the official City minutes I understand <br /> that the lot split was officially approved by the City Council at their February 26, 1997 City Council <br /> Meeting. tinder the circumstances, it rs my opinion that this consideration is sufficient tier the lot split <br /> situation since the property is now owned by the Cite and the history suggests that this was <br /> previously considered by the appropriate City agencies <br /> C,JI "li <br /> Enclosure <br /> cc: Rv -Chet Gaustad, City Clerk <br /> • <br />