Title
Deeding land at Baker Community Center and Highwood Hills to the Saint Paul School District in exchange for land at the Rice/Wellstone School site.
Body
WHEREAS, pursuant to an agreement dated August 21, 1979, (hereinafter "Joint Use and Lease Agreement"), INDEPENDENT SCHOOL DISTRICT NO. 625 (hereinafter "DISTRICT") leased to the CITY OF SAINT PAUL (hereinafter "CITY") for a term of ninety-nine (99) years certain DISTRICT owned real property located at the site of DISTRICT's Cherokee Heights Elementary School and certain spaces within Cherokee Heights Elementary School for the purpose of the CITY's use and construction of improvements for its Baker Recreation Center (formerly known as the Upper West Side Multi-Service Center) which at that time and presently adjoins Cherokee Heights Elementary School; and
WHEREAS, pursuant to the Joint Use and Lease Agreement CITY and DISTRICT agreed to the joint use of the aforesaid leasehold property in addition to the joint use of real property owned by CITY lying adjacent to DISTRICT's aforesaid real property; and
WHEREAS, CITY and DISTRICT desire to terminate the Joint Use and Lease Agreement; and
WHEREAS, upon termination of the Joint Use and Lease Agreement the Baker Recreation Center and the real property underlying the Baker Recreation Center building will automatically by operation of law revert to the unfettered ownership of DISTRICT except for a portion thereof legally described as the east half of vacated Waseca Street, adjoining Lot 8, Block 17, Nelson Stevens and Kings Addition to West Saint Paul, Ramsey County, Minnesota (hereinafter "Baker property"); and
WHEREAS, it is in the best interest of the CITY and the community that the capital liability and programming responsibilities at the Baker Community Center be transgerred to the DISTRICT
WHEREAS, the aforesaid Baker property consists of 4,500 square feet and has an appraised value of $23,000; and
WHEREAS, CITY and DISTRICT formerly had a joint use agreement pertaining to CITY's Highwood Hills Recreation Center and DISTRICT's Highwood Hills Elementary School, which joint use agreement was terminated by letter agreement dated February 6, 2008 and resulted in reversion by operation of law of unfettered ownership of DISTRICT to the Highwood Hills Recreation Center building and the real property underlying said building with the exception of that part of the West Quarter of the East Half of the Northeast Quarter of Section 11, Township 28, Range 22, Ramsey County, Minnesota, described as beginning at a point on the east line of said West Quarter of the East Half of the Northeast Quarter, 333 feet south of the south line of Lower Afton Road, now known as Londin Lane; thence at a right angle west a distance of 60.00 feet; thence at a right angle south 60.00 feet; thence at a righty angle east 60.00 feet to said east line of the West Quarter of the East Half of the Northeast Quarter; thence north along said east line of the West Quarter of the East Half of the Northeast Quarter 60.00 feet to the point of beginning (hereinafter "Highwood Hills property"); and
WHEREAS, the aforesaid Highwood Hills property consists of 3,368 square feet and has an appraised value of $15,000; and
WHEREAS, DISTRICT desires to acquire the Baker property and the Highwood Hills property and CITY is willing to convey said properties to DISTRICT; and
WHEREAS, Section 13.01.1 of the CITY's Charter requires that the City replace any park lands it disposes of; and
WHEREAS, DISTRICT is the fee owner of a vacant parcel of real property which is a part of DISTRICT's Paul and Sheila Wellstone Elementary School and is legally described as Lot 3 and the North 10 feet of Lot 2, Block 3, Dawson and Rice's Addition to Saint Paul, Minnesota, according to the plat on file and of record in the office of the Register of Deeds, Ramsey County, Minnesota. (Per Warranty Deed Doc. No. 1117936) Together with that portion of vacated Woodbridge Avenue and the vacated alley in said Block 3 which accrue to the property by reason of the vacation thereof (hereinafter "Wellstone property"); and
WHEREAS, the Wellstone property consists of 8,241 square feet and has an appraised value of $35,000; and
WHEREAS, in order to comply with Section 13.01.1 of CITY's Charter CITY desires to acquire the Wellstone property and DISTRICT is willing to convey said property to CITY;
NOW, THEREFORE, be it resolved:
1. That the Joint Use and Lease Agreement between DISTRICT and CITY dated August 21, 1979 is hereby terminated effective January 1, 2014;
2. That the City Council hereby authorizes the appropriate CITY officials to convey to DISTRICT by warranty deeds the Baker and Highwood Hills properties as hereinbefore described with a possession date of January 1, 2014; and
3. That CITY shall continue to be responsible for all ordinary grounds maintenance of the Baker Recreation Center and Cherokee Heights Elementary School sites. This shall not include weed control or fertilization. CITY shall also be responsible for all perimeter snow and ice removal or sanding, including the parking lot and driveways, with DISTRICT being responsible for snow removal on steps and walkways leading from the school building to the public sidewalk. Snow removal shall take place after each accumulation of more than two (2) inches of snow.
4. That CITY does hereby accept DISTRICT's quit claim deed conveying to CITY the Wellstone property as hereinbefore described subject to all special assessments levied and pending and further accepts said conveyance of the Wellstone property in "as is" condition, without any obligation on the part of DISTRICT to indemnify CITY for any claims resulting from the presence of hazardous waste, pollutants, or contaminants of any kind in or on said property;
5. That CITY be responsible to pay the deed tax and conservation fee with respect to the deed to the Wellstone property; and
6. In the event it is necessary to subdivide the Baker, Highwood Hills and / or Wellstone properties in order to file the deeds, CITY is solely responsible to obtain such subdivisions and the incurrence of all expenses therefor.