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C~TY OF ATlA TA DEPAR TM E NT _OF LAW 1114 WILLIAM - OLIVER BUILDING Atl a nta , Georgia 30303 September 1, 1964 HENRY L. BOWDEN ROBERTS. WI.GGINS MART IN McFARLAND EDWIN L. STERNE RALP H C . JENKINS JOHN E, DOUGHERTY FE RRIN Y. MATHEWS CHARLES M. LOKEY / CITY ATTORNEY LEWIS R. SLATON . A SS ISTANT CITY AT TORNEY ' ASSOCIATE CITY ATTORNEYS T.R.REID ROBERT A, HARRIS CL AIMS ATTORNEYS Mr. Jack Co Delius Gm·eral Manager of Parks City Hall Atlanta, Georgia 30303 Dear Jack: In Re: Health Center and Recreation Building at Delmar Lane and Brownlee Road, S. W. This letter is in response to _your phone call and letter of August 13, 1964, concerning the aboveo As I understand the situa tion, under the "Plan of Improvement'r in 1952 the City of Atlanta assumed operation of the Recreation Building and the County continued managing the Health Center, all at ,the same locationo Around the year 19L~9, according to the County, the entire parc e l of land was dedicated for public hea lth purpos es until 1969, in order to qualify for State and Federal fundso You outlined that the County desires to expand the Health Center, which would involve rededication for 20 yearso It is my opinion that when the "Plan of Improvement' took effect in 1952 that the City of Atlanta acquired fee simp l e title to the property used by the Recreation Building subject to any incumberances existing upon said property at the said timeo It is my further op inion that the County do es not have the legal right or authority to rededicate the recreation property for an additional 20 years inasmuch as any interest the County �Mro Jack Co Delius Page 1f2 I had in said property was extinguished by the Legislature under the "Plan of Improvement 11 0 It is my further opinion that the City of Atlanta would not have t9~ authority to dedicate park property for a period of 20 years 'for public health purposeso I trust that you will find the foregoing satisfactory~ Yours very truly, Ferrin Yo Mathews Associate City Attorney FYM/lj 1 �