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City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: August 28, 2018
Item: Resolution: Deed Restrictions for Lions Park Lands
Council Action Requested:
Approve proposed deed restrictions for Lions Park.
Background Information:
In 2017 the City was awarded an Outdoor Recreation Grant from the
Minnesota Department of Natural Resources. This matching grant was
awarded for playground renovations at Lions Park, and that work was
completed earlier this year.
One condition of this grant is a requirement to place deed restrictions on the
lands of Lions Park, essentially ensuring the land will be retained for public
recreational uses. The required deed restrictions, and legal land description
are included in the attached resolution.
Financial Impact:
The playground renovations completed at Lions Park in 2018 total $209,741.
The DNR Grant will cover 50% of these expenses totaling $104,870.50.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Resolution – Approve Deed Restrictions for Lions Park Lands
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 09-____-18
RESOLUTION ESTABLISHING RESTRICTIONS FOR LIONS PARK
PROPERTY IN ACCORDANCE WITH MINNESOTA DEPARTMENT OF
NATURAL RESOURCES OUTDOOR RECREATION GRANT
REQUIREMENTS.
WHEREAS, the City of Hastings was awarded an Outdoor Recreational Grant
sponsored through the Minnesota Department of Natural Resources (DNR); and
WHEREAS, the DNR requires that any lands developed with assistance from this
grant program must be retained solely for public outdoor recreation use; and
WHEREAS, the DNR is asking that a restriction be placed on the park property
stating that the property cannot be converted to any use other than public outdoor
recreation use without the prior written approval of the DNR Commissioner.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Hastings that in order to comply with the Department of Natural Resources Outdoor
Recreation Project Contract OR 18-002, the City of Hastings does hereby impose the
following restrictions on the property depicted in Attachment B to that contract and
legally described on the attached Exhibit A:
1. The property shall be permanently managed and maintained for public outdoor
recreation use.
2. The Grantee shall not at any time convert any portion of the park area to uses
other than public outdoor recreation use without the prior written approval of the
State acting through its Commissioner of Natural Resources.
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COUNCILMEMBER ___________moved a second to this Resolution, and
upon being put to a vote it was adopted by majority of all councilmembers present
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS
THIS 4th DAY OF SEPTEMBER, 2018
Ayes:
Nays:
Absent:
Paul J. Hicks, Mayor
ATTEST:
Julie A. Flaten, City Clerk
CERTIFICATION
Julie A. Flaten, duly appointed City Clerk of the City of Hastings, Dakota County,
Minnesota, certifies that on September 4, 2018, at a regularly held meeting of the
Hastings City Council, the foregoing Resolution was duly adopted and this copy is a true
and correct copy of the Resolution adopted at that meeting.
____________________________________
___
Julie A. Flaten, City Clerk
THIS INSTRUMENT DRAFTED BY AND RETURN TO:
FLUEGEL LAW FIRM P.A.
Daniel J. Fluegel
999 Westview Drive, Suite #5
Hastings, MN 55033
(DAN/has)
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EXHIBIT A
LEGAL DESCRIPTION
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 in Block 34,
except the North 100 feet of Lots 1, 2 and 3, Block 34 and except the South 101 feet of
Lots 18, 19 and 20, Block 34;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in Block 35;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in Block 36;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 in Block 37;
Together with those portions of vacated Farm Street, Ash Street and Sixth Street accruing
thereto by reason of the vacations thereof;
All in Addition No. Thirteen to the City of Hastings, according to the recorded plat
thereof, Dakota County, Minnesota.
A portion of the foregoing described property is Torrens Property represented by
Certificate of Title No. 86519 and described as:
The following described land situated in the County of Dakota and State of Minnesota
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 in Block 36;
Lots 6, 7, 8, 9 and 10 in Block 48, excepting therefrom the South 75 feet thereof; and
except all that part shown as Parcel 259G on Minnesota Department of Transportation
Right of Way Plat No. 19-80, according to the recorded plat thereof;
Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block 49, excepting therefrom the South 75 feet thereof,
and except all that part shown as Parcel 259G on Minnesota Department of
Transportation Right of Way Plat No. 19-80, according to the recorded plat thereof;
All in Addition No. Thirteen to the City of Hastings, according to the recorded plat
thereof.
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