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identia, <br />Inforrnation <br />The Honorable City Council <br />September 24, 1974 <br />Page 2 <br />Our answer to the staff question is "yes", the Senior <br />Citizens Service Center may be located on this site, inasmuch <br />as the Senior Citizens Service Center will include recreational <br />activities which are most certainly considered "park purposes". <br />Additionally, the language in the deed is at most precatory, <br />i.e., simply an expression of desire on the part of the grantors, <br />and as such, the language is not binding on the City. The <br />City thus holdsabsolute fee title interest in the proposed site, <br />without restriction, and may use it for whatever public purposes <br />it so desires. <br />The remaining two-thirds portion of Birch Park, just <br />east of the proposed site, is comprised of 1) a 50' x 250' <br />strip which was formerly Park Street; and 2) a 250' x 250' <br />parcel deeded to the City on April 16, 1900, by A. Otis Birch, <br />Emma L. Smith, and Q.R. Smith, on the "condition that said <br />parcel of land be perpetually maintained by said [City] for <br />a public park. The Senior Citizens Service Center site will <br />include 112 of the 50' x 250' strip which was formerly Park <br />Street, i.e., the site will include up to and including the <br />former center line of Park Street, and will not include any <br />portion of the 250' x 250' parcel deeded to the City by the <br />Birches and the Smiths. This office, therefore, renders no <br />opinion whatsoever regarding the validity of the conditional <br />grant of the 250' x 250' parcels by the Smiths and Birches <br />to the City. <br />JAW:CJL/ms <br />!s pe ctfy4 1 y,$ u>f!Jted <br />imes A. <br />Confidential <br />IrIformation <br />