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AGENDA ITEM NO 6A <br />STAFF ORIGINATOR: Rick DeGardner, Public Services Director <br />COUNCIL MEETING DATE: December 16, 2002 <br />TOPIC: Consideration of Resolution 02-177, Approving Deed <br />Restriction for Clearwater Creek Park <br />Vote Required Simple Majority <br />BACKGROUND: <br />As you may recall, the City of Lino Lakes was awarded a $125,000 Outdoor Recreation <br />Grant from the Department of Natural Resources to assist with the development of <br />Clearwater Creek Park. The grant agreement states, "The Grantee shall have the <br />following condition recorded with the deed(s) to all lands within the park as it was <br />described in the Agreement and submit an attested copy of the deed and the condition <br />to the Grantor." <br />The City Attorney has suggested we place a restrictive covenant on the property that <br />was recorded as "Park" on the Clearwater Creek 3rd Addition final plat. The restrictive <br />covenant states: <br />"In order to comply with the Department of Natural Resources Project agreement the <br />City of Lino Lakes does hereby impose the following restrictions on the property: <br />1. The property shall be permanently managed and maintained for outdoor <br />recreation purposes consistent with the approved grant agreement OR02- <br />010. <br />2. The Grantee shall not at any time convert any portion of the park area to uses <br />other than public outdoor recreation uses specified in this Agreement without <br />the prior written approval of the Grantor." <br />Resolution 02-177 directs the City Attorney to prepare the restrictive covenants <br />identified above and authorizes the Mayor and Clerk to sign it. <br />OPTIONS <br />1. Approve Resolution 02-177, <br />2. Do not approve Resolution 02-177. <br />RECOMMENDATION: <br />Option 1 <br />12/11/02 <br />RD/Parks/Neighborhood ParkslC Creek/greensheet deed restriction <br />