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07-1022Retum copy to: (SJE) PW/Technical Services — Real Estate 1000 City Hall Annex RESOLUTION Council File # Green Sheet # PAUL, MINNESOTA rreSentea By 30451 m 2 WF�EREAS, the �I��edevelopment Authority of the City of Saint Paul ("HRA"), owns a parcel 3 of land located at the southwest comer of East Fourth Street and Jackson Street in Saint Paul (the 4 "Downtown Tot LoY'), as described and depicted on E�ibit A, attached hereto; and 6 WFIEREAS, the City of Saint Paul ("City") has been leasing said Downtown Tot Lot from the HRA for use 7 as a public play azea; and 9 WHEREAS, the HRA wishes to convey said Downtown Tot Lot to the City, and the City wishes to accept lo same as city pazk land for continued and permanent use as a public play area; and I1 12 WHEREAS, on October 24, 2007 the HRA approved a resolution, attached hereto in draft form as E�ibit 13 B, authorizing conveyance of said Downtown Tot Lot to the City for $105,000, in accordance with the 14 following terms: 15 a) $30,000 cash payment at time of conveyance; and 16 b) $75,000 loan, payable in 15 years or upon next conveyance of City property to the HRA, 17 as documented in the draft Promissory Note attached hereto as Exhibit C; and is 19 WHEREAS, the City has agreed to said terxns and has identified the Parkiand Replacement Fund (720- 20 50087) as the source of the cash payment; now, therefore be it 21 22 RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby accept conveyance of said 23 Downtown Tot Lot from the HRA, and authorize the proper city officials to recard the deed with the 2A Ramsey County Recorder's Office and execute said Promissory Note in a form and content substantially as 25 set forth in the attached E�ibit C . 2 6 Requested by the Division of: Adopted by Council: Date ���o����d7 Adoption Certified by Co ncil Secretary By: � Approved b5 ��. ate _ l�7 Z� 6 By: ' � �- � � Bv: E ' �—Zr=1aw�-er-�(/ Director Form Appr d by � Attomey BY ' - � � �=� Approved a for S 'ssion o Council By: 07 /D�a- G�Real EstateWcquisrtio�s�Parlcs avd Recreadon\Ceutex_Outlot F1Cente�eedACpmcResol doc 27 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � a'I � lO�a-- PW — PubGcworks 1SOCT-07 Green Sheet NO: 3045172 Contact Person & Phone: Bruce Engelbreld 266-8854 Must Be on Council Anen Doc. Type: RESOLUTION E-DocumeM Required: Y Document Contact: Bruce Engelbrekt Contaet Phone: 266-8854 � Assign Number For Routing Order ToWi # of Signature Pages _(Clip All Locations for Signature) 3 a or•s Office Ma or)Assistao[ a ouocB 5 i Clerk GS Clerk Approve resolution accepting conveyance of a Downtown Tot Lot pazcel from the IIRA and execution of related promissory note itlabons: Approve (A) or R Planning Commission CB Committee Civii 5ervice Commission 1. Has this person(firtn ever worked under a contract fw this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does ihis person/firm posseu a skill not nortnally possessed by any current ary employee? Yes No Facplain all yes answers on separete sheet and attach to green sheet Initialing Problem, issues, Opportunity (Who, What, When, Where, Why): � Since 1995 the City has leased a parcel of land owned by the Housing and Redevelopment Authoriry at the southwest comer of Sibley Street and E. 4th Street. 11ie land is improved with children's play eguipment �and has been operating as a tot lot for more than a decade. The City now would like to purchase the land from the HRA to ensure the tot lot remains a permanent feature of the city's pazk land inventory. The HRA has agreed to sell tl�e land for $105,00Q payable as $30,000 rlown with the balance on a IS-yeaz loan. Advantages If Approved: The existing tot lot will remain in penuanent City ownership and would not be subject to downtown development pressures. Disadvantages IfApproved: The City would be obligated to pay $105,000 for the land. Disadvantages If Not Approved: The property would remain owned by the IIRA, with the possibility the properiy could be used for development in the future. 7ransaction: $105,000.00 CostlRevenue Budgeted: Y F�ndtng source: parkland Replacement Fund Activity Number: 720-50087 Financial lnformation: $3Q000 cash downpayment - Fd 720 (Explain) $�5,000 loan - funds to be idenflfied in future October 15, 2007 12:41 PM Page 1 � � 7-/0 � a-- EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF TOT LOT That portion of Lot 1, Block 4, Capital Centre No. 1, Ramsey County, Minnesota and that part of vacated Sibley Street, lying within the following described lines: Beginning at the most northerly comer of said Lot 1; thence South 37 degrees 00 minutes East, para11e1 with the centerline of said Sibley Street 83.67 feet; thence South 53 degrees 00 minutes West 88.16 feet; thence North 37 degrees 00 minutes West 84.29 feet to a point on the northwesterly line of said Lot 1; thence North 53 degrees 24 minutes 20 seconds East along said northwesterly line of lot i to the point of beginning; subject to any existing improvements, encroachments, utilities, hazazdous substances, ta�ces and assessments; and recorded or unrecorded easements, restrictions, covenants, options, leases, conditions and air rights together with that part, if any, of vacated Sibley Street accruing to said pazcel. 6�-l� a-a- EXHIBIT B 1 Sponsor: 2 Commissioner Thune 3 4 RESOLUTION NO. 07-10/24- 5 Resolution Authorizing a Deed of Conveyance for Disposition of Parcel at Southwest corner of East Fourth Street and Sibley Street (Downtown tot lot), Downtown District 17 WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (IIRA), has duly adopted and there is now lawfully in effect in the CiTy of Saint Paul, Minnesota, a City Wide Redevelopment Plan providing for the acquisition, cleuance and resale of land for redevelopment and the Downtown District 17 azea is a part of this Plan; and WHEREAS, said proposal, pursuant to due notice thereof was published in the Saint Paul Pioneer Press on October 13, 2007, and a public hearing on said proposal and proposed sale and provisions thereof, was held on Wednesday, October 24, 2007 at 2:00 p.m., Central Daylight Time, third floor City Hall, 15 West Kellogg Boulevazd, in the CiTy of Saint Paul, Minnesota; and WHEREAS, the HRA, pursuant to the provisions of Minnesota Statutes, Section 469.032 agrees to sell said Parcel for use in accordance with the City Wide Redevelopment Plan, of which the Downtown District 17 azea is a part; and WHEREA5, the disposal price of said Parcel is in accordance with and subject to the restrictions of the CiTy Wide Redevelopment Plan; and NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment AuthoriTy of the City of Saint Paul, Minnesota (HRA) as follows: 1. That the proposal to sell Pazce] Southwest corner of East Fourth Street and Sibley Street ("Pazcel" aka Downtown Tot lot ) in the Downtown District 17 azea conforms to the objectives and specific requirements of the City Wide Comprehensive Plan, which includes said property, legally described as: 35 That portion of Lot 1, Block 4, Capital Centre No. 1, Ramsey Counry, Minnesota and that part of 36 vacated Sibley Sireet, lying within the following described lines: Beginning at the most northerly 37 corner of said Lot 1; thence South 37 degrees 00 minutes East, parallel with the centerline of said 38 Sibley Street 83.67 feet; thence South 53 degrees 00 minutes West 88.16 feet; thence North 37 39 degrees 00 minutes West 84.29 feet to a point on the northwesterly line of said Lot 1; thence North 40 53 degrees 24 minutes 20 seconds East along said northwesterly line of lot 1 to the point of 41 beginning subject to any existing improvements, encroachments, utiliries, hazardous substances, 42 tases and assessments; and recorded or unrecorded easements, resh-ictions, covenants, options, 43 leases, conditions and air rights together with that part, if any, of vacated Sibley Street accruing to 44 said pazcel. 45 46 2. That the method of disposition of said Parcel is in accordance with the City Wide Redevelopment 47 Plan, which includes said Downtown District 17 area and that the requirements of the Policy for EXHIBIT B disposition of I�RA-owned real estate is hereby waived. o�-�a�-a- 3. That the sum of ONE HUNDRED FIVE THOUSAND AND No/100 DOLLARS ($105.000.00) for said Parcel is safisfactory for transfer of property to the City of Saint Paul for pazkland use and reflects the purchase price paid by the IIRA together with out of pocket expenses incurred by the HRA in maintaining ownership. 4. That the proposed disposal transaction by and between I�RA and City of Saint Paul is satisfactory in form and complies with the requirements of state and federal law. 5. That the execution and delivery of a Deed of Conveyance of Disposition of Pazcel at Southwest corner of East Fourth Street and Sibley Street (Downtown tot lot) to the City of Samt Paul is in accordance with said Purchase Price, and is hereby authorized by the Board of Commissioners, to be executed on its behalf by the Chairperson or his or her designated Commissioner of the IIItA. K:ISHAREDISAP W 2H.GEN1656E4thDIS.RES E��usiT c D7-ld 2�a DRAFT PROMISSORY NOTE Date: October , 2007 Amount: $75,000.00 Project: Downtown Tot lot FOR VALiJE RECEIVED, the undersigned ("Borrower") promises to pay to the order of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota, its successors or assigns ("HRA"), at 25 West Fourth Street, Suite 1100, Saint Paul, Minnesota, the principal sum of Seventy Five Thousand and no/100 Dollars, ($75,000.00) together with interest thereon at a floating rate equal to the City's treasury portfolio investrnent rate, but not to exceed six percent (6%) per annum ("Loan"). The Bonower has agreed to pay the sum of $105,000.00, with a$30,000.00 cash payment to be made at tune of conveyance, for the real property commonly known as the downtown tot lot, located on the southwest corner of East 4tn Street and Sibley Street, and legally described in the attacl�ment to this Note, and payment of the balance of the purchase price is evidenced by this Note. The maturity dafe of this Note is the earlier of: (a)'October , 2022 ar(b) at HRA's option, upon the next conveyance of a pazcel of real estate from the Borrower (parkland or non parkland) to the HRA that the HRA wants for redevelopment purposes ("Maturity Date"), at which time a11 unpaid principal and interest is due and payable. All payments on this Note are to be in lawful money of the United States and delivered to the HRA at the address stated above or at such other place as designated by the I3RA. Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. This Note may not be modified orally, but only by an agreement in writing and signed by the pariy against whom enforcement of any waiver, change, modification or discharge is sought, and is made with reference to and is to be consriued in accordance with the laws of the State of Minnesota. ff the undersigned shall default in the payment of this Note, the undersigned agrees to pay all costs of collection incurred by the HRA including without limitation reasonable attorney's fees and costs. This Note is made with reference to and is to be construed in accordance with the laws of the State of Minnesota. 07-1� a-a- IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the date stated above. "BORROWER" City of Saint Paul, a home rule charter city By: Its: Mayor By: Its: Director, Office of Financial Services Attested to: By: Its: City Clerk Approved as to form: Assistant City Attorney Dra$ed by: OFFICE OF THE CITY ATTORNEY 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Attachment-legal description of downtown tot lot. ` parks e ��� �' � - ..� St Paul and � Ramu� Counn 2OCH ANNIVERSARY 1985-2005 I621 Beechwood Ave. St. Paul, MN 55] 16 651fi98-4543 Fax - 651 fi9S-8761 www.fiendsottheparks.org �residen[ Andrea Vrnro Vice Presidcnt Michael Prichard Jcanne Weigum Treazurer ]ames R Bricher Dirtc[ors Duke Addicks Char Brooker leffrey Croonquist Mark Davis rNay n� Thomas T. Dwight Neil F�aney �Iliam Frank savo Hauscr Marilyn Lundberg RobM Netherout Mark M. Nolan Scott Remsay Pierte Re�itt Marsha Souchemy Cynthia Wheeler Director EmeriWs na�+a uuy s�, w. ron« Ez orficio Bob Bierscheid Dan Collins Marc Croess Greg Mack Kevin Nelson Terry Noonan Esecuuvt DirecWr and S.�cretary' Pcggy Lynch ���- iJa�- �Z� RESOLUTION SUPPORTING THE DOWNTOWN PLAYGROUND Approved 8/19l2004 WHEREAS, The Friends of the Pazks and Trails of St. Paul and Ramsey County is a non- profit organization to promote parks and trails in St. Paul and Ramsey County; and WHEREAS, Downtown Saint Paul has developed as a residential neighborhood over the last several decades with children living in downtown, attending daycare in downtown, and/or attending grade school in downtown; and WHEREAS, A playground was developed in 1994 on the cornex of Fourth and Sibley Streets on approximately 7,000 square feet on land leased from the Housing and Redeveiopment Authority; and WHEREAS, funding was received for the children's outdoor playspace from Saint Paul's Capital Improvement Budgeting Committee, CapitolRiver Council and private donors, including the Lowertown Redevelopment Association; and WHEREAS, The Children's Outdoor Playspace has been well received by the children in downtown and is an important amenity for powntown residents; and WHEREAS, the expense of relocating the Children's Outdoor Playspace Downtown is projected to be three or more times the original construction cost, based on an analysis by a CapitolRiver Council task force; and WHEREAS, The CapitolRiver Council recommended at its board of directors meeting on July 21, 2004 that'the Division of Parks and Recreation acquire the land now leased from the Housing and Redevelopment Authority to insure the continuation of the Children's Outdoor Playspace; and WHEREAS, The Saint Paul Park and Recreation Commission concurred with the CapitolRiver Council that the Division of Parks and Recreation acquire the land now leased from the Housing and Redevelopment Authority to insure the continuation of the Children's Outdoor Playspace; NOW THEREFORE BE IT RESOLVED, that the Friends of the Parks and Trails concurs with the recommendations for the Division of Parks and Recreation to acquire the land now used by the Children's Outdoor Playspace; and BE IT FURTHER RESOLVED, that the Friends of the Parks and Trails recommends to the Saint Paul City Council that the land for the Children's Outdoor Playspace be acquired by the Division of Parks and Recreation, Di-����a �rz� Parks ar,� Recreation Commission 300 City Ha11 Aaacx, 2$ W. 4th Strcet Saint Psul, MN SS1U2 -(651)266-d400 R�SOI,[�"TiON 0415 w��.qS, the Saint Paul Pazks and Reereation Commission is an appointed body estabiished to advise the Mayor and City Counczl on Iong-range and city-wide matters related to Packs and Reczealion; and W�3EItEAS, Downtown Saint Paul bas evolved as a residential neighborhood over the last several decades wlth cl�zldren who live in Downtowia, atCCZZd daycare in Downtown, and/or attend gade school izz J�oanWwn; and WHE12Et�,S, the CapitolRiver Couuozl, District 17, noted tl�e growth of the population of cluldzen in Aown4awn and Chc need for appropriatc amenities in an update of the City of 5aint Paul's maeter plan update in 1990; and WHEREt1S, the CapitolRiver Counoil5uUsequently requested fuading froaa tltc CiCy af Saint Paul's Capital Imnrovcment Budgeting Coxnmittee i'or $400,000 to construct an, outdoor children's playspace; and WHER�AS, the Capital Imp,rqvement Budgeting Committee recoznmended and the Sa.int P�ul City Counail approved tlle CapitolRiver CounciI's fvnding raquests; and WI�R��,AS, fiuxdzng for the children'a outdoox playspace was nugmented with additianal fwids from the CapitolRivex Couneil a�zd private c1onors, including the Lowertown TZedevelopnxea�t Association; and WHEREAS, the biviaion of Parks and Itecreati[m conshucted a children's outdoar playspaec oix the corz�er a�' Fourl'h aud Sibley Strcets adjacent ta TPT in J 994 on approximately 7,000 square feet of land leased fmm the Housvtg and AedeveIopment Authority; and WFIBREAS, the Cluldren's Outdoor Playspace has bean well received by the children irA Dawntown azzd is an impoxtar�t ameruty for powntown xesidents; and W�IEREAS, the c�pense of relocating the Childreu's Outdoor Plnyapace I�owutdwn is projeated to be three or more times the original construotion cost, based on an analysis by a CapitalRiver Couzzczl task foroe; aad WI�F�t.EA.S, t11e Divisioii of Parks and Reareation has maintained the Cluldren's Oufdoor Playspace tk�roagl�out zts exzstenee; and �VF�REAS, the Ca�irolRiver Council recommended at its board of direarars meeting on 7uly 21, 2004 4bat' the Aivision of Parks nnd Recreation acquare the Iand now leased firom the Honsing and Redeve]opmeszt Authority to insure the continuation of thc Children's Outdooz' Playspace; and Np�ti, THEREFORE SE II' RESOLVED, that tbe Saint Paul Parlc and Recrcation Commissiozt concurs with ttte recomtz�;endation for the Div�sion of Parks anB Recreation to acquire tlie land now used by the Cltildren's Ou�loor Playspace; and BE TI' RESOLV�D, cbat the Saint Paul Parks and Recreation Commissian recommends to the Saint Paul City Council that the land for the Children's Outdaor �layspace be acquzred by the I?ivision o£ Parks and Recreation. Adopted hy the 3aint Paul Parks and Recreataon Commission an August l. l, 2004: Approtied: Yeas 8 Nags 0 A.bsent: 1 Resolution 04-15 Attested to by: C �'�'vi.�c-j�'' .._-� StafT to the s az1d Recreation Conuuissian s:klivlwp\parkscommiesion\resolufions1206h\04.15 Dow'ntoumPl ayArca