06-051-O                                                          REPLACEMENT

ORDINANCE NO. __________



The city of Duluth does ordain:

     Section 1.      That the city of Duluth does sell, by quit claim deed, for the total selling price of $377,580 to be deposited in the Capital Improvement Fund 450 and used for improvement or replacement of park department property to Salvation Army, a not for profit corporation under the laws of Illinois, the following described real property:

           commencing at the southeast corner of CENTREDALE ADDITION TO DULUTH, St. Louis County, Minnesota, said point being north 89 degrees 13 minutes 30 seconds east 2,625.61 feet (assumed bearing) from the west 1/4 corner of said Section 5; thence south 89 degrees 13 minutes 30 seconds west 345.75 feet along the east and west 1/4 line of said Section 5 to a point of intersection with the northwesterly right-of-way line of Grand Avenue; thence south 43 degrees 47 minutes 59 seconds west 214.82 feet along said right-of-way line to the point of beginning; thence continuing along said right-of-way line south 43 degrees 47 minutes 59 seconds west 660.00 feet; thence north 47 degrees 01 minutes 52 seconds west 330.00 feet; thence north 43 degrees 47 minutes 59 east 660.00 feet; thence south 47 degrees 01 minutes 52 seconds east 330.00 feet to said northwesterly right-of-way line of Grand Avenue and point of beginning. Being a part of the west 1/2 of said Section 5, T49N, R14W, St. Louis County, Minnesota, containing 5.00 acres of land, more or less. Being subject to an easement in favor of city of Duluth for streets, walkways, and utilities over the westerly 40.00 feet and to easements and restrictions of record, if any.

     Section 2.      That the proper city officials are authorized to execute any document required to accomplish the sale of the above-described property.

  Section 3.      That the city council finds that this sale is in conformance with the comprehensive plan and that all requirements of Article XXXIII of Chapter 2 of the Duluth City Code, 1959, as amended, and of Laws of Minnesota, 1955, Chapter 82, have been complied with.

     Section 4.     That proceeds of the sale shall be deposited in a fund to be used for the replacement of lost recreational services at Wheeler Field within 12 months of the sale by the following priorities:

     (a)      Construction of two public tennis courts and associated equipment including lights for evening play at a location near Wheeler Field;

     (b)      Construction of a replacement bocce ball court at a location near Wheeler Field;

     (c)      Construction of a playground similar to the one lost, on the Wheeler Field site;

     (d)      As noted in paragraph H of the development agreement, parking for activities at the Wheeler site, up to 150 paved spots;

     (e)      Any remaining funds will be made available for improvement or maintenance of park lands, including skateboard park consideration.

     Section 5.      That the city will make an earnest effort to seek a qualified party to take possession of the Wheeler Field House without charge to them and without charge to the city. The party selected must agree and assure to remove the structure prior to the beginning of construction of the Kroc Community Center or the building will not be transferred to them and subject to site demolition.

     Section 6.      That this ordinance shall take effect 30 days after its passage and publication.

STATEMENT OF PURPOSE:  This ordinance sells land to the Salvation Army in order to build a recreational facility which the city will use.

This ordinance will add land to the tax base, although the buyer may be exempt from paying ad val orem taxes.