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RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF THREE DOCUMENTS AFFECTING REAL PROPERTY TO BE ACQUIRED FROM PARK HILL CEMETERY ASSOCIATION IN THE MORLEY HEIGHTS/PARKVIEW NEIGHBORHOOD.
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CITY PROPOSAL:
WHEREAS, Resolution No. 25-0850 authorized the City to acquire the real property legally described on the attached Exhibit 1 (the “Property”) from Park Hill Cemetery Association;
WHEREAS, acquisition of the Property was funded by the following three sources (collectively, the “Grants”):
$400,000 Conservation Partners Legacy Program Grant authorized under Resolution No. 22-0408
$100,000 Minnesota Department of Natural Resources Lake Superior Coastal Program Grant authorized under Resolution No. 23-0707
$164,800 Conservation Partners Legacy Program Grant authorized under Resolution No. 21-0976
WHEREAS, a condition of the Grants require the execution and recordation of certain documents to ensure the Property: (i) is used for the purposes of which it was acquired for and in accordance with the terms of the Grants and (ii) not sold, transferred, pledged, or otherwise disposed of without the written approval from the grantors of the Grants.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute the Notice of Funding Restrictions, substantially in the form attached as Exhibit 2 (“Restriction No. 1), affecting the Property legally described on Exhibit A to the attached Exhibit 2.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute the Notice of Funding Restrictions, substantially in the form attached as Exhibit 3 (“Restriction No. 2”), affecting the Property legally described on Exhibit A to the attached Exhibit 3.
FURTHER RESOLVED, that the proper city officials are hereby authorized to execute the Declaration of Restrictive Covenant, substantially in the form attached as Exhibit 4 (“Restriction No. 3”), affecting the Property legally described on Exhibit A to the attached Exhibit 4.
FURTHER RESOLVED, that the proper city officials are hereby directed to record the executed Restriction No. 1, Restriction No. 2 and Restriction No. 3 with the St. Louis County Registrar of Titles in order to properly evidence the documents in the real estate records.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the execution and recordation of three encumbrances against certain real property (the “Property”) to be acquired from Park Hill Cemetery Association (Park Hill). The Property is located on both sides of Vermilion Road near Downer Park in the Morley Heights/Parkview neighborhood. The city received three grants that funded the purchase of the Property (the “Grants”). A condition of the Grants require the execution and recordation of certain documents to ensure the Property: (i) is used for the purposes of which it was acquired for and in accordance with the terms of the Grants and (ii) not sold, transferred, pledged, or otherwise disposed of without the written approval from the grantors of the Grants.
The City purchased land from Park Hill in 2023, which purchase was funded by the Grants. The Grants required the City to execute and record certain restrictive covenants (as discussed in the preceding paragraph), and the City satisfied those conditions. Shortly thereafter, it was discovered that a portion of the property acquired in 2023 from Park Hill contained Soldiers Rest, a burial space for soldiers within the Park Hill Cemetery, as well as an organic compost site. The City desired to convey that property back to Park Hill, but is unable to do so without permission from the grantors of the Grants (the “Grantors”). The Grantors are willing to allow the City to convey property back to Park Hill if: (i) the City repays funds equal to the value of the land being conveyed back (over $20,000) OR (ii) acquires and protects replacement land. The City and Park Hill agreed on a land swap so that Park Hill can own and operate the property with Soliders Rest and the compost site and the City can acquire replacement land to be used in accordance with the Grants. The parties have been waiting to execute the land swap, but need written permission in recordable form from the Grantors. The Grantors have now executed certain releases to allow the land swap to occur on the condition that the City execute and record the documents proposed to be authorized under this resolution over the replacement land so that it is subject to the terms and conditions of the Grants.
The real property to be encumbered by these documents is depicted in light blue on the map attached as Exhibit 5.