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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 eZtA mr, ( n- ool') RECEIV D s .jN r PAuI, not 'n'�- 4YOR'S O FiCE AM JUN 241963 PM N � d°v 9 a. 4�e '6; �f 213670 ,9�. �a� •� law r 4 RECEIVED PA U L, :)R'S OFFICE JUN 241963 r m Z itI01}11111$13141X16 a,wu c,,10 m � ;t4 ,rcew a ,f/el I . crccv i V le4 ' ; F � � c f / A/ U`- 6 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. + T ..�-- �,.r�......w— �.. -.,,. � .r•.. ._- - .. �._ .- -- -•'_- -,•_ ..�..— _.._..�. •- .•�..� --- •..ter._ - ._,.,.._.Y �_ --- -_ _ .. 'li :till Nc.. '��VINA 't G' .. RAY - • - ' Y _ � D ., ': z - - _ s- _..��- •1'C ice, `�1-�- �'(�.'. _^fl G� '.'3 .• d• , -..� � �r�'i•s,{ CITY Piut 3�L'GLe� ' cra.rx r O!' 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"�(1 tidGii11J-'•;;i•t_r•t_-- il,'1,'•.'.:t�C�, �S�,jr4 I•�,' 1 � ,, =u� - , .,c.ni'hj� :ouILIA `�,�.x - `r�; ot�vfy_ r,�;� - +i the riY Portion y ` �u1i r,,: y y d'• �a;' c. �C�i¢ tE3Y 1E'; l 7'�r �10[� caf)�� -• z r s. - i -j• _ _ .- - - - •3.- 1rJ�?t''�ti.i��: �eeCy v c , hc'iF 1 , • '_ �. '� �'�c U �- a 1j'_ .-u, shzl�_ be •re ta4, ae'd = . ' •�• _ 'r e']I�`a' i.•_ s�_f` t'nl {_ gi rl Rej - - i I ors_ 3 1' i 71r i i_C lilxlrt GOL'NCILMEN -_ .- g y . -1 U - ±" 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