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HomeMy WebLinkAbout2002-177 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-177 RESOLUTION APPROVING DEED RESTRICTION FOR CLEARWATER CREEK PARK WHEREAS, The City of Lino Lakes was awarded a $125,000 Outdoor Recreation Grant from the Department of Natural Resources to assist with the development of Clearwater Creek Park; and WHEREAS, The grant agreement states, "The Grantee shall have the following condition recorded with the deed(s) to all lands within the park as it was described in the Agreement and submit an attested copy of the deed and the condition to the Grantor;"and WHEREAS, The City Attorney has suggested we place a restrictive covenant on the property that was recorded as "Park" on the Clearwater Creek 3`1 Addition final plat; and WHEREAS, The restrictive covenant states: "In order to comply with the Department of Natural Resources Project agreement the City of Lino Lakes does hereby impose the following restrictions on the property: 1. The property shall be permanently managed and maintained for outdoor recreation purposes consistent with the approved grant agreement OR02-010. 2. The Grantee shall not at any time convert any portion of the park area to uses other than public outdoor recreation uses specified in this Agreement without the prior written approval of the Grantor." NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council hereby directs the City Attorney to Resolution 02-177 directs the City Attorney to prepare the restrictive covenants identified above and authorizes the Mayor and Clerk to sign it. Adopted by the Lino Lakes City Council this 16th day of December, 2002. AGENDA ITEM NO 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: December 16, 2002 TOPIC: Consideration of Resolution 02-177, Approving Deed Restriction for Clearwater Creek Park Vote Required Simple Majority BACKGROUND: As you may recall, the City of Lino Lakes was awarded a $125,000 Outdoor Recreation Grant from the Department of Natural Resources to assist with the development of Clearwater Creek Park. The grant agreement states, "The Grantee shall have the following condition recorded with the deed(s) to all lands within the park as it was described in the Agreement and submit an attested copy of the deed and the condition to the Grantor." The City Attorney has suggested we place a restrictive covenant on the property that was recorded as "Park" on the Clearwater Creek 3rd Addition final plat. The restrictive covenant states: "In order to comply with the Department of Natural Resources Project agreement the City of Lino Lakes does hereby impose the following restrictions on the property: 1. The property shall be permanently managed and maintained for outdoor recreation purposes consistent with the approved grant agreement OR02- 010. 2. The Grantee shall not at any time convert any portion of the park area to uses other than public outdoor recreation uses specified in this Agreement without the prior written approval of the Grantor." Resolution 02-177 directs the City Attorney to prepare the restrictive covenants identified above and authorizes the Mayor and Clerk to sign it. OPTIONS 1. Approve Resolution 02-177, 2. Do not approve Resolution 02-177. RECOMMENDATION: Option 1 12/11/02 RD/Parks/Neighborhood ParkslC Creek/greensheet deed restriction