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B. Land Title. Park land dedications which are not <br />dedicated to the City on a plat shall be conveyed to the <br />City by Warranty Deed free and clear of all liens or <br />encumbrances. The subdivider shall provide proof of <br />title, in a form acceptable to the City, prior to the <br />conveyance of such property. <br />C. Land Acceptability. The City must approve the location <br />and configuration of any park land which is proposed for <br />dedication and shall take into consideration the <br />suitability of the land for its intended purpose; the <br />future needs of the City for parks, playgrounds, trails <br />or open space; and the recommendations of the City's Park <br />Commission. The following properties shall not be <br />accepted for park land dedications: <br />1. Land dedicated or obtained as easements for <br />streets, sewer, electrical, gas, storm water <br />drainage and retention areas, or other similar <br />utilities and improvements. <br />2. Land which is unusable or of limited use. <br />3. Land within a protected wetland or within a <br />floodplain area. <br />D. Contribution in Lieu of Land. In lieu of the land <br />dedication, the City may elect to require the subdivider <br />to contribute a cash equivalent payment to the City's <br />Park and Open Space Fund, or, may require the developer <br />to satisfy the park land dedication requirement by a <br />combination of land and cash contribution. For all <br />subdivisions, except residential subdivisions resulting <br />in three (3) or fewer parcels, the maximum cash <br />equivalant payment shall be an amount equal to the fair <br />market value of the percentage land dedication for the <br />zoning district in which the subdivided property is <br />located. The City shall determine the fair market value <br />of the land by reference to current market data, if <br />available, or by obtaining an appraisal from a licensed <br />real estate appraiser. The subdivider shall pay for the <br />cost of the appraisal. The fair market value <br />determination of the appraiser shall be conclusive. <br />Maximum cash equivalent payments for residential <br />subdivisions resulting in three (3) of fewer parcels <br />shall be as determined from time to time by City Council <br />resolution. <br />2 <br />