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for ~he purpose for which it was dedicated. In addition, the <br />authority to sell park property acquired by deed containing no use <br />restrictions is even subject to question. Some authorities hold <br />that park land acquired without a deed restriction becomes <br />restricted after having been used by the City for an uninterrupted <br />long period of time, the use itself having become a dedication. <br /> <br />In instances of non-park property, the City may acquire real <br />property in which the deed restricts its use, then of course, the <br />property can be used only for that restricted purpose and the City <br />would be unable to sell the property. <br /> <br />Based on the above, it is my recommendation that the Charter <br />Commission consider deleting Section 12.5 Sales of Real Property <br />in its entirety. This will allow for convenient sale of real <br />property bY the City. Because of the already present protections <br />on the disposal of park lands described above, the Charter <br />Commission is assured that park land will not be sold by the City <br />except by extraordinary action, probably requiring court <br />authorization. Finally, I do not feel that it is appropriate or <br />practical ~o restrict a City Council's ability to acquire property <br />on behalf of the City by City Charter language. <br /> <br /> <br />