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CONTRACT K-1415-110: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND INDEPENDENT SCHOOL DISTRICT NO. 29 OF CLEVELAND COUNTY, OKLAHOMA, A/K/A NORMAN PUBLIC SCHOOLS TO TRANSFER OWNERSHIP OF LAND LOCATED AT IRVING MIDDLE SCHOOL AND WHITTIER MIDDLE SCHOOL FROM THE CITY OF NORMAN TO NORMAN PUBLIC SCHOOLS IN EXCHANGE FOR TRANSFER OF OWNERSHIP OF PROPERTY LOCATED AT 12TH AVENUE RECREATION CENTER FROM NORMAN PUBLIC SCHOOLS TO THE CITY OF NORMAN; AND BUDGET APPROPRIATION FROM THE GENERAL FUND BALANCE FOR CLOSING COSTS.
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BACKGROUND: Representatives of the Norman Public Schools (NPS) approached City Staff regarding a potential land swap. NPS proposes to exchange land owned by the school system located near the 12th Avenue Recreation Center for the two tennis courts owned by the City and located adjacent to Irving Middle School and Whittier Middle School. The proposed land swap was discussed at the City Council Conference on January 27, 2015. At that meeting, Council requested that a contract effectuating the land swap be scheduled for formal Council consideration. This item forwards the requested contract for consideration. The attached contract, K-1415-110, was approved by the Norman Public Schools Board on February 9, 2015.
DISCUSSION: The City of Norman Parks and Recreation Department has evaluated the proposed land swap. Also, the Norman Board of Parks Commissioners (the Park Board) reviewed and voted to support this proposed land swap at their July 2, 2009 meeting. Currently, the tennis courts at both Whittier and Irving require maintenance and the City incurs expenses to do so. Neither set of courts is used very frequently. In fact, both sets of courts have been repurposed over the years for basketball or other games, but because of the availability of other basketball courts in both areas, neither set of courts is used for basketball.
Staff has completed legal descriptions for all the parcels, and the parcel sizes have been adjusted slightly from what was discussed with Council on January 27th as a result of these more definite calculations. The NPS parcel is 1.12 acres. The Irving Middle School parcel is approximately 0.75 acres, and the parcel at Whittier Middle School is approximately 0.80 acres. Aerial photos showing the location of the three parcels are attached to this Memo.
The 1.12 acres owned by NPS would allow the City to better accommodate any future expansion of the 12th Avenue Recreation Center. Such an expansion is contemplated by the Parks Master Plan, and acquisition of the 1.12 acres would be consistent with the goals of that Plan. Specifically, the Plan contemplates the development of outdoor play areas, play fields, or other facilities to complete the center. Currently, the developed area of the Recreation Center is two acres. The Parks and Recreation Department believes that the citizens would gain a greater benefit from acquiring the 1.12 acres near the Rec Center than to continue to own and maintain both sets of tennis courts.
In addition, by swapping the tennis courts for the 1.12 acre parcel, NPS will be able to expand and reconfigure the sites at both Whittier and Irving which will be of benefit to the parents and students at both schools. NPS intends to construct wrestling gyms at both middle schools that also function as safe rooms. In addition, NPS intends to reconfigure the drive and parking at Whittier Middle School to improve traffic flow at the site.
RECOMMENDATION: If Council wishes to proceed with the land swap, Staff recommends approval of Contract K-1415-110. If approved, title work will be initiated and a specific closing date will be set. Both parties will be requesting title insurance for the parcels.
Transaction costs are anticipated to included: closing fee $300; title insurance of $258; abstracting fee of $750 per parcel; title opinion of $200 per parcel; and a gap fee of $100. These are estimated costs. To provide funds for the Citys' costs to the transaction, it is recommended that Council appropriate $3,000 from the General Fund Balance (account # 010-0000253-2000) into Recreation Programs: Other Business Services (account number 010-7021-451.4199).
To facilitate closing of the transaction, Staff also recommends that Council authorize the City Manager to execute the deeds and other necessary closing documents.