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Date: 12/10/92 CERMJFE - RIS1 <br /> From: John Etter <br /> To: Les Lyle CEWELAL - RIS1 <br /> Bob Hammitt CEWMJRH - RIS1 <br /> cc: Johnny Medlin CEWMJRM - RIS1 <br /> Subject: N. Polk Street Paving at Maurie Jacobs Park <br /> I went back to reread the terms of the matching grant that the State is making <br /> on Maurie Jacobs Park. The fifth provision states (and I paraphase here) that <br /> the land is to remain for park and recreation purposes, and not to be deeded <br /> away for some other function without state approval. Given the legal opinions <br /> that have been prepared on this issue, I sense you want to clear up the ambigu- <br /> ities here by getting the R/W properly deeded, in which case it would cease to <br /> be liberally interpretted as a park road. To avoid having to certainly spend <br /> time defending our position on this as it moves to R/W status I propose drop- <br /> ping the project. <br /> The funding to allow construction as we discussed, especially if the low - <br /> income subsidy aspect was to come into play, is no problem. If the deeding <br /> of R/W were to De postponed for 10 years ( "indefinitely ") so that we could <br /> make the park road interpretation, then we might be on safer ground with <br /> the state. It might put us on shakey ground with the low income assistance <br /> program, however, which is why I am inclined to drop it. Unfortunately <br /> this leaves us with an unpaved street. <br /> If you have no comment by 12/14 noon, I will assume you concur in not giving <br /> this any further consideration. <br />