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33 (B) Land title. Public land dedications, which are not dedicated to the City on a plat, shall be conveyed to the City by warranty deed free and clear of all liens or encumbrances. The subdivider shall provide proof of title, in a form acceptable to the City, prior to the conveyance of the property. (C) Land acceptability. The City must approve the location and configuration of any park land which is proposed for dedication and shall take into consideration the suitability of the land and for its intended purpose; the future needs of the City for parks, playgrounds, trails, or open space; and the recommendations of the City’s Parks Commission. The following properties shall not be accepted for park land dedications: (1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water drainage and retention areas, or other similar utilities and improvements; (2) Land which is unusable or of limited use; and/or (3) Land within a protected wetland or within a flood plain area unless the Council determines that all of the following criteria are satisfied: (a) Would be in the best interests of the general public; (b) Would be valuable resource for environmental preservation, educational, or habitat preservation purposes; (c) Has an exceptional aesthetic value; and (d) Would not become financially burdensome to the City as a result of maintenance or preservation requirements. (D) Trails. Trails constructed by a subdivider within dedicated public open space having at least 30 feet of width are eligible for park credit. The maximum amount of trail dedication credit shall not exceed 25% of the total required park dedication. To receive credit for a trail, there must be a through public trail connection to the larger Lake Elmo or Washington County trail network. If the proposed trails are not able to connect to existing trails, they must be installed in a way that would provide a connection to future planned trails as additional infrastructure is established. (E) Cash contribution in lieu of land dedication - residential subdivisions larger than three lots. In lieu of the land dedication for major subdivisions, the City may elect to require the subdivider to contribute a cash equivalent payment to the City’s Park and Open Space Fund, or may require the developer to satisfy the park land dedication requirement by a combination of land and cash contribution. For all major subdivisions, the required cash equivalent payment shall be an amount equal to the fair market value of the required percentage land dedication for the zoning district in which the subdivided property is located (as shown in the Table in Section 153.15 (A). The City shall determine the fair market value of the land by reference to current market data, if available, or by obtaining an appraisal from a licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair market value determination of the appraiser shall be conclusive. (F) Cash contribution in lieu of land dedication - minor residential subdivisions, lot divisions and commercial development. Required cash equivalent payments for minor subdivisions, lot