213670A, �10
9 'IGINAL't TO CITY CC - K -%� ,
CO
PRESENTED BY
COMMISSIONER
WHEREAS, thI
unanimously that
approved May 10,
follows:
and
T ,,io- I ,.nn•
7et-All File No. 213670 —By li_Yluieai
� 'A;. ' 0
_reas, The Council of Ib�oR�c;, ,�.
CITY OF ST: Y ' }3on known as s Co %n ' CO�NCIL
2y %c . approved May 10, M FILE NO. —
OFFICE OF THE ras,17! lion reads in part as fo' o,
ti•, ereas, Concordia Coli,,
CI1 SOt 1 ITIO ,•1,. -t- Paul was recently co4eg accred-, tY� T B TSBED 6
1_ J LV l,•� Shr -year liberal arts collee; a194 PlJ�1.1
-��T �,cmas, Said college' lost 'r,,
1� field by reason of the I'll
I �,9 y: •lent rf interstate high",
x513 .L� cc' - -- .� a +Eby. the � 1
uno;n
-'ray,
%1 '41- - ; -1
Council of the Cij ' : ,nt Paul approved
Resolution known as gut a FU6 No. 212680,
1963, which resol,�t on�r a�gin part as
{
"Whereas, Concordia College of Saint Paul was
recently accredited as a four -year liberal arts college;
and
"Whereas, said college lost its athletic field by
reason of the development of the interstate highway
through condemnation by the State of Minnesota; and
"Whereas, Said athletic facilities are necessary
for maintaining its accredited standing; and
- "Whereas, The said college has requested the City
of Saint Paul to sell the two westerly blocks of Dunning
Field, the said blocks being in Ingersoll's Addition to
the City of Saint Paul, which the City of Saint Paul
obtained from the State of Minnesota in 1912, said blocks
to be continued in use as and for athletic purposes,by
the college; and
"Whereas, The Council wishes to encourage the
advancement of higher learning and education and to
cooperate in every way with the development of these
facilities, * * * "
WHEREAS, it is not presently contemplated that this City
should sell all the aforesaid real property to said Concordia
College but should sell and convey only the northerly portion
thereof, as is hereinafter described; and
WHEREAS, the proceeds of any such sale shall be retained
by the Department of Parks and Recreation and Public Buildings,
COUNCILMEN
Yeas Nays
'NDalglish
Holland
\\Loss
X �M ortinson
\Peterson
Rosen
�r. President, Vavoulis
10M 8-62
—fin Favor
Against
Adopted by the Council 19—
. Approved 19—
Mayor
Page 2.- -
213670
in accordance with Laws of Minnesota for •1947, Chapter 579,
Section 3,
Now, Therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
approve the sale to The Lutheran Church - Missouri Synod, as
that corporation holding title to real property for Concordia
College, St. Paul, Minnesota, for educational and /or recreational
purposes, the following described property, to -wit:
All of Block 9, D. W. Ingersoll Addition to
St. Paul, Minn. and the vacated alley therein,
and that part of vacated Iglehart Avenue
adjacent to said Block 9 and lying north of
a line described as follows: commencing at
a point on the easterly line of said Block 9
extended southerly and 290 feet north of the
north line of Marshall Avenue; thence west
parallel with the south line of said Block 9
a distance of 138.0 feet; thence south at
right angles a distance of 40 feet; thence
west parallel, with the south line of said
Block 9 to the point of intersection with
the west line of said Block 9 extended southerly.
it being the understanding of the Council and The Lutheran Church -
Missouri Synod and of Concordia College, St. Paul, Minnesota,
that the exact legal description shall be subject to field
surveye, and
RESOLVEDI FURTHER, That any deed, conveying said real
property to said purchasers, shall contain the following or
similar restriction: That said real property shall be used
only for educational and /or recreational purposes, and
RESOLVED) FURTH
use and recreational
portion of said City
from the sale herein
improve and increase
in said area of this
ERA That, consistent with approved land
needs of this City and specifically that
serviced by Dunning Field, the funds received
contemplated shall be used to develop,
the recreational and playground sites
community, and
RESOLVEDI FURTHER, That the proper City officials are
hereby authorized to negotiate the sale of said property as
described herein and to prepare and execute appropriate deeds
of conveyance therefor, the price of said sale being based on
PRESENTED BY
COMMISSIONER_
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
Page 3.
COUNCIL NO. 2136'7
a total of approximately 172,183 square feet, the same being
approximately 3.95 acres, and the price thereof being $250,000,
with the proviso that following final field surveys, additions
or deductions in the amount of real estate contemplated to be
conveyed shall to said purchase price be added or subtracted
at the rate of $1.45 per square foot, and said officials are"
finer authorized to accept the consideration to be paid
herein in accordance with the Charter and Ordinances of said
City, Laws of the State of Minnesota and, in particular, Laws
of Minnesota for 1947, Chapter 5 ?9, Section 3, it being understood
by the Council that the consideration for said property to be
paid to said City shall be paid when the purchasers thereof
have been satisfied as to marketable title, and it being the mutual
understanding of the parties that the purchasers intend to register
title to said property and that said consideration shall be paid
prior to commencement of said registration proceedings,
RESOLVED, FURTHER, That
so as to preclude the use of
City of Saint Paul when the
activities.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
10M 8-82
no fence or other
the fa&llities' by
field is not in use
-In Favor
Against
structure be placed
the children of the
for specific college
JUN 2 8 1963
Adopted by the Council 19—
JUN 28 1963
9—
Mayor
r O
CA 36'
June 279 1963
Rt. Rev, Msgr. James P. Shannon
College of St. Thomas
St, Paul 10 Minnesota
Dear Msgr4 Shannon:
I read with interest your letter of June 26th.
We recognize Concordia College's need+ The problem
up to now has been that the Commissioner of Parks and Play-
grounds has not presented the Council with a definite plan
for them to act on.
Commissioner. Loss has advised me that he will have
a definite proposal for Friday's Council session so that we
may act to assure Concordia College of the City's interest
in their problem.
Thank you for writing me.'
Sincerelyq
GEORGE J. VAVOULIS
MAYOR
GV:al
r 2-13670 ECEIVED
_
SAINT FAUL. 1.-INN.
COLLEGE OF ST. THOMAS In MAYOR'S O F F I C,
ST. PAUL 1, MINNESOTA A M JUN 2 7 1963 PM
OFFICE OF THE PRESIDENT
June 26, 1963
(dirt. 6/20)
Dear Mayor Vavoulis:
On August 27, 1962, I wrote to you endorsing the request of
Dr. William Poehler, on behalf of Concordia College, to purchase a por-
tion of Dunning Field from the City of St. Paul. I realize that this
request poses several complicated problems for the administration of
the City of St. Paul. In a pluralistic society such as ours it is often
necessary for persons in authority to decide delicate matters in which
two or more different parties press for legitimate but conflicting claims.
It seems to me that this is true in the present discussion of the request
by Concordia College.
My original d (3cision to endorse the request of Dr. Poehler and
Concordia College was based on the premise that this private liberal
arts college deserves adequate compensation for the loss of that portion
of its campus taken by the freeway. It does not seem feasible to me
that this loss could be made up by giving to the college additional prop-
erty at some distance from the campus. To be of value to the college
its property must be contiguous to its present holdings. On the other
hand, as Commissioner Loss has so cogently pointed out, it should be
possible to sell to Concordia College that portion of Dunning Field which
is under discussion and the money from this sale might well be used to
purchase additional playground space for the children of our city. I
endorse wholeheartedly the position of those who insist that the Parks
and Playgrounds program of our city should not be injured by the decision
of the city to aid Concordia College in its present dilemma. The plan
of Commissioner Loss seems to me to reconcile justly and adequately
the conflicting and valid claims of two different interest groups in our city.
You have my full permission to publicize this letter and to dupli-
cate it if you wish for the members of the Council. I wish with this letter
to reaffirm clearly and publicly the stand which I originally took in my
letter of August 27th, a stand which I have never reversed and which I
still endorse.
Respectfully your
(Rt. Rev. Msgr. )jams P. Shannon
The Honorable George Vavoulis
Mayor of the City of St. Paul
City Hall and Court House
St. Paul, Minnesota
7
re
C
C
1
ay
Co
I
June 2 1 1963
0
213670
Mr. Edgar J. Otto
623 North Lexington Parkway
St. Paul 4s Minnesota
Dear Mr. Otto:
I read with into st your letter of June 21st.
We recognize Conc rdia College's need. The problem
up to now has been that the C mmissioner of Parks and Playgrounds
has not presented the Counci with a definite plan for them to
act one
Commissioner Loss has advised me that he will have
a definite proposal for Frid 's Council session so that we
may act to assure Concordia llege of the City's interest in
their problem.
Thank you for wri ing me.
Sincerely,
GEORGE J. VAVOULIS
MAYOR
GV :al
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mr,
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RECEIV D
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AM JUN 241963 PM
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213670 ,9�. �a� •�
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RECEIVED
PA U L, :)R'S OFFICE
JUN 241963 r m
Z itI01}11111$13141X16
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ASSOCIATION OF COMMERCIAL CLUBS, Inc.
"rUnited action foz a Aetty, cSatnt IrPaut" 213670
Lou Midler SAINT PAUL, NIINNESOTA
# N
President 1856 Marshall 1 " =
Secretary
June 27, 1963. CA. 7-1154
CA. 2 -3765
Mayor George Vavoulis and
members of the City Council,
City Hall,
St.Paul, Minnesota.
Gentlemen;
At our regular monthly meeting of the association
of Commercial Clubs, Inc., held last evening the following
resolution was passed;
"'Unless a protest is received from one of our member
clubs, the Association of Commercial Clubs will go along
with the compromize proposal regarding Dunning Field prop-
erty between Griggs and Syndicate and north of the present
winter skating rink, providing sufficient funds are forth
coming from Concordia College in the sale of this land to
cover in full the purchase and establishment of the two
blocks proposed in Merriam park."
May we ask that our stand on this matter be given the
utmost consideration so thgt additional drain on the funds
of the Parks and Playgrounds Department are not necessary.
Many additional playgrounds are needed in the city and these
may be curtailed if the proposed development in Merriam Park
should exceed the renumeration received in the sale of part
of Dunning Field to Concordia College.
Res ectf ly submitted,
Vern VP. Ma tin, S cty.
COMO COMMERCIAL CLUB HAZEL PARK COMMERCIAL CLUB NORTH END IMPROVEMENT CLUB
DAYTONS BLUFF COM'L CLUB HIGHLAND PARK COM'L CLUB RIVERVIEW COMMERCIAL CLUB
SNELLING AVENUE COM'L CLUB
WEST END COMMERCIAL CLUB
CBS AFFILIATE • 55 EAST FOURTH STREET • SAINT PAUL 1, MINNESOTA • CAPITAL 2 -3606
GEORGE L. HELENIAK
Manager, Saint Paul Office
June 25, 1963
Mr. Severin Mortinson ,
Commissioner of Auditorium,
LibrarYes and Public Buildings
Room 945
City Hall
St. Paul, Minnesota.
Dear"Mr. Mortinson:
Pursuant to the meeting held in your office June 24 including yourself,
Vaughn J. McCarthy, a Director of the St. Paul Municipal Softball Board,
and myself regarding the Dunning Field situation.
,2-33670
In the meeting you indicated that a satisfactory solution might be possible
if approximately one -half of the proposed area under consideration for sale
be sold rather than the entire block bounded by Marshall, Syndicate, Carroll
and Griggs. The one -half under discussion is the north end of this block.
All the land in this block north of the present warming house (or shack)
located in that block.
A meeting of the Softball Board has taken place and we have agreed to support
the compromise providing the following are included in the motion for the sale:
1. The Mayor and the Council of the City of St. Paul seek an opinion
from their City Attorney as to the legality of the sale of this
piece of land as it relates to the original deed of October 10, 1912.
If there is any question that the opinion not be sufficient, a
friendly taxpayers suit be initiated to test the legality of the
deed. (This so that all doubt be removed.)
2. That any further sale of land or lands in this area now being used
as playgrounds or recreational area not be sold unless suitable
playgrounds in the area be erected and put into operation prior to
a sale.
3. That the land under consideration for sale be sold only to Concordia
College of St. ?aul so that the College might be able to conduct
f �r
REPRESENTED BY PETERS, GRIFFIN, WOODWARD, INC.
213670
CBS AFFILIATE • 55 EAST FOURTH STREET • SAINT PAUL 1, MINNESOTA • CAPITAL 2 -3606
GEORGE L. HELENIAR
Manager, Saint Paul Office
f�
its athletic and physical education program. The College has
indicated their need for this land because of the construction
of the freeway eliminating their athletic field.
4. That the monies realized from the sale of this property be used
to develop the remaining part of Dunning area or other areas in
this neighborhood previously mentioned such as Merrian Park and
the Groveland Park playgrounds.
5. That no fence be placed around the area which will be sold to
the College and that the children of the City of St. Paul be
allowed to use it except when there are scheduled College games
as outlined by Dr. W. A. Poehler, College President, in his
article appearing in the St. Paul Pioneer Press of June 20.
We appreciate the sincere efforts of all concerned in trying to make our
community a better place to live. This whole problem is not an easy one to
solve. We hope we are on the right track now.
We would appreciate your reading this letter to the Mayor and entire City
Council of St. Paul so that they too may be made aware of the actions of
the St. Paul Municipal Softball Board.
Sin rely yours,
George L. Heleniak
President, St. Paul Municipal Softball Association
GLH:da
REPRESENTED BY PETERS, GRIFFIN, WOODWARD, INC.
1
- ..
CBS AFrILIATE • 55 EAST FOURTII STREET - SAINT PAIL 1, MINNESOTA - CAPITAL 2 -3606
GEOtGE L. HELENIAK
Yasager, Saint Rsul Office
June 25, 1963
Kr. Severin Mortinson
Commissioner of Auditorium,
,I&brar res and Public Buildings
gees 945
City Hall
St. Paul, Minnesota.
Dear Mr. Mortinson:
a
Pursuant to the meeting held in your office June 24 including yourself,
Vaughn J. McCarthy, a Director of the St. Paul Municipal Softball Board,
and myself regarding the Dunning Field situation.
In the meeting you indicated that a satisfactory solution might be possible
if approxiisately one -half of the proposed area under consideration for sale
be sold rather than the entire block bounded by Marshall, Syndicate, Carroll
and Griggs. The one -half under discussion is the north end of this block.
All the land in this block north of the present warming house (or shack)
located in that block.
A meeting of the Softball Board has taken place and we have agreed to support
the compromise providing the following are included in the notion for the "let
1. The Mayor and the Council of the City of St. Paul seek an opinion
from their City Attorney as to the legality of the sale of this
piece of land as it relates to the original deed of October 10, 19124
If there is any question that the opinion not be sufficient, a
friendly taxpayers suit be initiated to test the legality of the
deed. (This so that all doubt be removed.)
2. That any further sale of land or lands in this area now being used
as playgrounds or recreational area not be sold unless suitable
playgrounds in the area be erected and put into operation prior to
a sale.
3. That the land under consideration for sale be sold only to Concordia
College of St. Paul so that the College might be able to oonduct
REPRESENTED BY PETERS, GRIFFIN, WOODWARD, INC. `✓
CBS APFILIATC �: LAti "f h111 Itl'il 6TR1 {1,7• SAI \'f PAI 1 1, %I1N \I;5()1'A • CAPITAL
GEL)RGh L. H E I F —NIAK
Manager .S(Lint Pau( Offirr
-2-
its athletic and physical education program. The College has
indicated their need for this land ')ecause of the construction
of the freeway eliminating their athletic field.
4. That the monies realized from the sale of this property be used
to develop the remaining part of Dunning area or other areas in
this neighborhood previously mentioned such as Merrian Park and
the Groveland Park playgrounds.
5. That no fence be placed around the area which. will be sold to
the College and that the children of the City of St. Paul be
allowed to use it except when there are scheduled College games
as outlined by Dr. W. A. Poehler, College President, in his
article appearing in the St. Paul Pioneer Press of June 20.
We appreciate the sincere efforts of all concerned in trying to make our
community a better place to live. This whole problem is not an easy one to
solve. We hope we are on the right track now.
We would appreciate your reading this letter to the Mayor and entire City
Council of St. Paul so that they too may be made aware of the actions of
the St. Paul Municipal Softball Board.
Si rely yours,
George L. Heleniak
President, St. Paul Municipal Softball Association
GLH:da
REPRESENTED BY PETERS. GRIFFIN, WOODWARI), INC.
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A'i0P ed try the COUncfl!_
Yeas' Nays
*I ?alglish,
• _. - �s �S 011 &,II - .. _ ._ i ` ` i _ ' � - fi - ,- - -, � � ••. Approved_
'Loss , ,
Mor�ixlson _ - - - - -_ --Ili r.-,v or -
+, _ Mayor 4 _
Rosen ,.l_S g4inst
101 t -
S
• . r-
ROBERT E. FARICY
THEODORE J. COLLINS
DANIEL A. KLAS
THOMAS J. STEARNS
JOHN J. MCNEIL
GERALD A. ALFVEBY
PAUL J. KELLY
SIDNEY P. ABRAMSON
ASSISTANTS
NEIL P. CONVERY
INVESTIGATOR
CITY OF SAINT PAUL
LEGAL DEPARTMENT
DONALD L. LAIS
CORPORATION COUNSEL
June 27, 1963
Mr. Frank L. Loss
Commissioner of Parks $ Recreation & Public Buildings
545 Court House and City Hall
Commissioner Loss:
213670
LOUIS P SHEAHAN
DIRECTOR OF LAW
ROBERT E. O'CONNELL
SPECIAL ASSISTANT
In your letter of June 20, 1963, you ask whether or not under
the conditions set out in the deed from the State of Minnesota to
the City of Saint Paul the land now comprising a portion of
Dunning Field could be sold t,o,Conc.ordia College.
The deed covering the land in question was dated October 10, 1912,
and was filed for record Register of Deeds Office on Cotober 26, 1912.
The aforesaid deed reads as follows:
" #430346
This Indenture, Made this 10th day of October 10, 1912,
by and between the State of Minnesota, as party of the
first part, and the City of St. Paul, a municipal
corporation of the State of Minnesota, as party of the
second part,
Witnesseth: That the said party of the first part
for and in consideration of the sum of Seventy Thousand
Dollars ($70,000.00) to it in hand paid by the said
party of the second part, the receipt whereof is hereby
acknowledged has granted, bargained, sold, and conveyed
and by these presents does grant, bargain, sell and
convey unto the said party of the second part, its
successors and assigns, forever, all its right, title
and interest in and to the following described premises
situate in the City of St. Paul, County of Ramsey and
State of Minnesota, to -wit:
Blocks one ( 1) , two (2) , five (S) , six (6) ,
seven (7), nine (9) and ten (10) in D. W. Ingersoll's
Addition to the City of St. Paul, according to the
accepted and recorded plat thereof on file in the office
of the Register of Deeds of Ramsey County, Minnesota.
` �36'7a
I•;r. Loss 2. June 27, 1963
To Have and to Mold the same to the said party of
the second part, its successors and assigns, forever,
for educational purposes and as a perpetual playground
for the - children of the City of Saint Paul.
This conveyance is made under the authority of
Chapter 163 of the General Laws of the State of
Minnesota for the year 1911.
In Wiiness Whereof, The party of the first part has
hereunto caused its name to be signed and its seal to
be affixed by the Governor and Auditor of the State of
Minnesota, duly authorized thereto-by the act aforesaid."
The general rule in such cases is as stated in Lynch V. Cypert
a 1957 decision from the State of Arkansas reported as 302,
S.W. 2d 284 for the deed - conveyed land "for depot grounds"
"And as a general rule a bare recital of the
purpose for which the land is conveyed is not enough
to justify a finding that a determinable fee or fee
on condition subsequent was intended.
There is ample support to this rule throughout
the country. See: Fitzgerald v. Modoc County, 1913,
- - -- Cal. - - - -. 129 Pac 7940 where a deed conveyed land
"to be used as and for a county high school ground
and premises, for the county of Modoc, State of Cali-
fornia." The deed was held to convey an absolute fee.
In Hill v. Towson Realty Inc., 1960, 221 Md. 389,
157 At. 2d 796, a similar deed conveyed land with the
expression: " * * *it being the intent of the parties
hereto that said tract oflland is to be kept and
maintained as a cemetery." The land was so used from
1890 to 1957, and the court observed -(At. 2d 798, 799):
"i+ie, therefore, think the recital involved in the
instant case, also, amounted to no :pure than an
expression of confidence, which the grantors had,that
the land would be used for cemetery purposes
as long as it was practical to ~do so; and that it
is not enforceable as a trust, as a condition
subsequent nor as a covenant."
itir. Loss �3, . June 27, 1963
F r •l -
In accord: Briggs,et al. v. City of Grand Rapids, 1932,
261 Mich. 11, 245 N.W. 555 (where the purchase was for park
purposes); Stansb,ery V. First Methodist Episcopal Church,
1916, - - -- Ore. - - - -, 154 Pac., 887 (where the purchase was
for the' purpose of a parsonage, church,., etc.) ; and Wright v.
Morgan, 1903, 191 U.S. 55, 48 L. ed. 89, 24 S. Crt. 7
(where the lands were to be used and held for a burial "
place). The rule was repeated by the 1iissouri Supreme
Court in Fuchs v. Reorganized School Dist. No. 2, Gasconade Co.,
1952, , 2S1 S. W. 2d 677. There, the deed
granted land Ton which to keep and maintain a public school
house." The Court noted (S.W. 2d 679):
"The language relied upon by plaintiffs constitutes
nothing more than an expression or declaration of the
purpose for which the grantors expected the land t.o'be
used. The deed contains no express exception or reser-
vation, no express limitation upon the duration of
the estate conveyed, no express condition upon which
the estate was conveyed, and no express provision for
forfeiture, for re- entry, or for reverter."
With similar conveyances, the Minnesota Supreme Court
followed this rule in Farnham v. Thompson, 1885, 34 Minn.
330, 26 N. W. 9 (deed to trustees of a church provided it was\
"for the purpose of erecting a church thereon only "); and
Soukup v. Topka, 1893, 54 Minn. 66, 55 N.W. 824 (deed
provided land was "for a road to.and from said premises first
herein _above described ") .
At is my understanding that Concordia College is to be
an accredited educational institution under the Minnesota
College Association and that the intended purpose of the College
in purchasing this land is to use it in connection with its
educational mission, specifically this parcel will be used for
athletics which are accepted as a part of the educational
curricuia at all of the schools in the aforesaid Conference.
Under these facts, it is ny opinion that a portion o£ the land
can properly be sold to Concordia College.
Yours very truly,
a cy fi
Donalu
Corporation Counsel
cc: 'wno.rable George Vavoulis
".�� o*_ticr r.•oy> 1ers o£ tz:e council
Council File No. 213070 —By Frank L.
Loss —
Whereas, The Council of the City of
Saint Paul approved unanimously that
Resolution known as Council File No.1
212080, approved May 10, 1963, which]
resolution reads in part as follows:
"Whereas, Concordia College of
Saint Paul was recently accredited as
a four -year liberal arts college; and
"Whereas, Said college lost its
athletic field by reason of the de-
1 velopment of the interstate highway
through condemnation by the State
j) of Minnesota; and _
f ereas, Said athletic facilities are
necessary for maintaining its ac -j
'credited standing; and i 1
"Whereas, The said college has re-
quested the City of Saint Paul to sell
the two westerly blocks of Dunning
Field, the said blocks being in Inger-
soll's Addition to the City of Saint
Paul which the City of Saint Paul
obtained from the State of Minne-
sota in 1912, said blocks to be con-
tinued in use as ,and for athletic pur-
poses by the college; and
"Whereas, The Council wishes to
encourage the advancement of higher
learning and education and to co-
operate in every way with the de-
k: velopment of these facilities, • • • "
Whereas, It is not presently contem-
plated that this City should sell all the
aforesaid real property to said Con -
cordia College but should sell and
convey only the northerly portion
thereof, as is hereinafter described;
and
Whereas, The proceeds of any such
sale shall be retained by the Depart-
ment of Parks and Recreation and
Public Buildings, in accordance with
Laws of Minnesota for r1947, Chapter
579, Section 3,
Now, Therefore, be it
Resolved, That the Council of the
City of Saint Paul does approve the
sale to The Lutheran Church — Missouri
Synod, as that corporation holding
title to real property for Concordia
College, St. Paul, Minnesota, for edu-
cational and /or recreational purposes,
the following described property, to-
wit:
All of Block 9, D. W. Ingersoll Ad-
dition to St. Paul, Minn. and the
vacated alley therein, and that part
of vacated Iglehart Avenue ad-
jacent to #said Block 9 and lying
north of a line described as follows:
commencing at a pbint on the east-
erly line of said Block 9 extended
southerly and 290 feet north of the
north line of Marshall Avenue;
thence west parallel with the south
line of said Block 9 a distance of
138.0 feet; thence south at right
angles a distance of 40 feet; ,thence
west parallel with the south line of
said Block 9 to the point of inter-
section with the west line of said
Block,9 extended southerly.
it being the understanding of the
Council and The Lutheran Church —
Missouri Synod and of Concordia Col-
lege, St. Paul, Minnesota, that the
exact legal description shall be sub-
ject to field surveys, and
Resolved, Further, That any deed,
conveying said real property to said
purchasers, shall contain the follow -
in or similar restriction: That said
real property shall be used only for
educational and /or recreational pur-
poses, and
Resolved, Further, That, consistent
with approved land use and recrea-
tional needs of this City and specifically
that portion of said City serviced by
Dunning Field, the funds received from
thei sale herein contemplated shall be
used to develop, improve and increase
the recreational and playground sites
` in said area of this community, and
Resolved, Further, That the proper
City officials are hereby authorized to
negotiate the sale of , said property
described herein and to prepare anas d
execute appropriate deeds of convey-
ance therefor, the price of said sale
being based on a total of approximately
172,183 square feet, the same being
approximately 3.95 acres, and the price
thereof being $250,000, with the proviso
that following final field surveys, addi-
tions or deductions in the amount of
real estate contemplated to be con -
veyed shall to said purchase price be
added or subtracted'at the rate of $1.45
per square foot, and said officials are
further authorized to accept the con-
sideration to be paid herein in accord-
ance with the Charter and Ordinances
of said- City, Laws of the State of
Minnesota and, in particular, Laws of
Minnesota for 1947, Chapter 579, Sec-
tion 3, it being understood by the
Council that the consideration for said
Eto be paid to said City shall
be paid when the purchasers thereof
have been satisfied as to marketable
title, and it being the mutual under-
standing of the parties that the pur-
chasers intend to register title to said
property and that said consideration
c1, oil hu 4A ....+ a_ ___ - - .
zi3 (6 70
STATE OF MINNESOTA
County of Ramsey ss.
CITY OF SAINT PAUL
I� Mrs. A�tea Ht 0! Co nnell- --------------------------------------- City Clerk
of the City of Saint Paul, Minnesota do hereby certify that I have
213670
compared the attached copy of Council File No____________ _________ ______________________
as adopted by the City Council- ___ ---- _ June 28,____ _ _ _ ___ ________________19.63----------
June 28,, 63and approved by the Mayor .............................................................. - ....._..._ ________..._..__19.__________
with the original thereof on file in my office.
I further certify that said copy is a true and correct copy of
said original and the whole thereof.
WITNESS my -hand and the seal of the City of Saint Paul, Minn.,
12th /1 November, 63.
this - ------- - - - - -- -day of - - - -- --- t D. 19------ - - - - --
=moo.
City ClerkL
ORIGINAL & ATTACHNEI S TD COURT
ON 11 -12-63
Council File No. 213870 —By Frank L.
Loss- -
Whereas, The Council of the City of
Saint Paul approved unanimously that
Resolution known as Council , File No.
212680, approved May 10, 1983, which
resolution reads in part as follows:
"Whereas, Concordia College of
Saint Paul was recently accredited as
a four -year liberal arts college; and
"Whereas, Said college lost its
athletic field by reason of the de-
velopment of the interstate highway
through condemnation by the State
of Minnesota; and _
"Whereas, Said athletic facilities are
necessary for maintaining its ac-
credited standing; and
"Whereas, The said college has re-
quested the City of Saint Paul to sell
the two westerly blocks of Dunning
'Field, the said blocks being in Inger-
soll's Addition to the City of Saint
I Paul which the City of Saint Paul
obtained from the State of Minne-
sota in 1912, said blocks to be con-
tinued in use as and for athletic pur-
poses by the college; and
"Whereas, The Council wishes to
encourage the advancement of higher
learning and education and to co-
operate in every way with the de-
velopment of these facilities, • • • "
and
Whereas, It is not presently contem-
plated that this City should sell all the
aforesaid real property to said Con-
cordia College but should sell and
convey only the northerly portion
thereof, as is hereinafter described;
and
Whereas, The proceeds of any such
sale shall be retained by the Depart-
ment of Parks and Recreation and
Public Buildings, in 'accordance with
Laws of Minnesota for 1947, Chapter
579, Section 3,
Now. Therefore be it i
Resolved, That the Council of the
City of Saint Paul does approve the
sale to The Lutheran Church — Missouri'
Synod, as that corporation 'holding
title to real property for Concordia
College, St. Paul, Minnesota, for edu-
cational and /or recreational purposes,
the following described property, to-
wit:
All of Block 9, D. W. Ingersoll Ad-
dition to St. Paul, Minn. and the
vacated alley therein, and that part
1 of vacated Iglehart Avenue -ad-
jacent to said Block 9 and lying
north of a line described as follows:
commencing at a point on the east-
erly line of said Block 9 extended
southerly and 290 feet north of the
north line of Marshall Avenue;
thence west parallel with-the south
line of said Block 9 a distance of
138.0 feet; thence south at right
angles ,a distance of 40 feet; thence
west parallel with the southiline of
said Block 9 to the point of inter-
section with the west line of said
Block 9 extended southerly.
it being the understanding of the
Council and The Lutheran Church —
Missouri Synod and of Concordia Col-
lege, St. Paul, Minnesota, that the
exact legal description shall be sub-
ject to field surveys, and
Resolved, Further, That any deed,
conveying said real property to said
purchasers, shall contain the follow-
ing or similar restriction: That said
real property shall be used, only'for
educational and /or recreatibnal pur-
poses, and
Resolved, - Further, That, consistent
with approved land use and recrea-
tional needs of this City and specifically
that portion of said City serviced by
Dunning Field, the funds received from
the sale herein contemplated shall'be
used to develop, improve and increase
the recreational and playground sites
in said area of this community, and
•_ Resolved, Further, That the proper
City officials are ,hereby authorized to
negotiate the sale of said property as
described herein and to prepare and
execute appropriate deeds of convey-
ance therefor, the price of said sale
being based on a total of approximately
172,183 square feet, the same being
approximately 3.95 acres, and the price
thereof being $250,000, with the proviso
that following final field surveys, addi-
tions or deductions'in the amount of
real estate contemplated to be con-
veyed shall to said purchase price be
added or subtracted at the rate of $1.45
per square foot, and said officials are
further, authorized to accept, the con-
sideration to be paid herein in accord-
ance with the Charter and Ordinances
of said City, Laws of the State of
Minnesota and, in particular, Laws of
Minnesota for 1947, Chapter 579, Sec-
tion 3, it being understood by the
Council that the consideration for said
property to be paid to said City shall
•be•paid when the purchasers, thereof
have been satisfied as to marketable
title, and it being the mutual under-
standing of the parties that the pur-
chasers intend to register title to said
property and that said consideration
shall be paid prior to commencement
of said registration proceedings,
Resolved, Further, That no fence or
other structure be placed so as to pre-
clude the use of the facilities by the
children of the City of Saint Paul when
the field is not in use for specific
college activities.
Adopted by the Council June 28, 1983.
Approved June 28, 1963.
(July 6. 19631