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CITY OF LITTLE CANADA <br />RAMSEY COUNTY. MINNESOTA <br />Jin Of: <br />. OW" 0. CHLIBECK. Clerk <br />$15 Unb Qnaft Rood <br />Utdo CWH da. M1W4L 55117 <br />48M2177 <br />May 12,, 1988 <br />Dr. Roger Worner, Superintendent <br />Roseville School District No, 623 <br />1251 W. County Road B2 <br />Roseville, I4N 55113 <br />Dear Superintendent Worner: <br />VII-E <br />MAYOR <br />mich"I Fah" <br />COUNCIL <br />s.v.rly $colto <br />rill rlot.n.a <br />Rick O011ovd <br />Jim (.WOW <br />At our Council Meeting on May 11, we acted on the two issues raised <br />by the School Board following our acceptance of the $470,000 <br />purchase price for Spooner Park. <br />The ,Ettst issue was waiver of levied assessments of approximately <br />$14,E00 on the property. You will recall that our offer of <br />$470,000, as well as all previous offers, was based on the payment <br />�., of such assessments by the School District. It is a normal and <br />customary practice in real estate transactions for the seller to <br />pay such assessments. Furthermore, since the School Board's <br />proposal of $470,000 in response to our previous offer of $435#000 <br />did not mention the assessments, we assumed that the School <br />District was willing to assume such assessments and based our offer <br />on that belief. You will recall that the $470,OCI offer was passed <br />by only a three to two vote, with some Council persons feeling the <br />price was too high. We were of the unanimous opinion that the <br />price should remain at $470,000 and the assessments should be paid <br />by the School District. <br />The second issue raised was a restrictive covenant which would <br />prohibit the use of the property for anything except park and <br />recreation purposes for as long as the adjacent Little Canada <br />Elementary School was used as such by the School Districts <br />Although my personal reaction to that was initially favorable, our <br />City Attorney recommended against such a oovenant for several <br />reasons. First, he felt it was unnecessary since the City has <br />leased, used and maintained the Park for over twenty years and had <br />no intentionin the future of changing that use. Secondly, he felt <br />that such restrictive covenant created a cloud in the title, and <br />even if carefully worded, could create unnecessary disputes in the <br />future as to the use of the land. <br />VII-E <br />