Title
RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OF RESTRICTIVE COVENANT OVER THE HILLSIDE SPORT COURT PARK.
Body
CITY PROPOSAL:
WHEREAS, Resolution No. 25-0634 authorized the City to accept a grant from the Minnesota Department of Natural Resources Outdoor Recreation Grant Program to support implementation of the Hillside Sport Court Park Plan (the “Grant”); and
WHEREAS, a condition of the Grant requires the filing of a declarative of restrictive covenant against the real property improved with the Grant so that it is permanently managed and maintained for public outdoor recreation use.
NOW THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute the Declaration of Restrictive Covenant substantially in the form attached as Exhibit 1, affecting the real property located in St. Louis County, Minnesota legally described on Exhibit A attached to Exhibit 1.
FURTHER RESOLVED, that the proper city officials are hereby directed to record the Declaration of Restrictive Covenant with the St. Louis County Recorder and/or Registrar of Titles in order to properly evidence the Declaration of Restrictive Covenant in the real estate records.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to authorize the execution and filing of a Declaration of Restrictive Covenant against the Hillside Sport Court Park. The property to be restricted by the Declaration of Restrictive Covenant is outlined in red on the attached Exhibit 2.
Under Resolution 25-0634, the city accepted a grant from Minnesota Department of Natural Resources Outdoor Recreation Grant Program (the “Grant) to support implementation of the Hillside Sport Court Park Plan (the “Plan”). Improvements outlined in the Plan include: enhancing site connectivity and accessibility, removing the dilapidated building, adding a pavilion and picnic area, renewing the sport court, replacing the playground, maintaining open green space, allotting space for a community garden, improving accessible parking, and repairing or replacing other park assets like fencing, retaining walls, stairs, bike racks, signage, gate, trees, vegetation, etc.
A condition of the Grant requires that the city execute and record the Declaration of Restrictive Covenants to ensure that the Hillside Sport Court Park: (i) is permanently managed and maintained for public outdoor recreation use and (ii) is not converted to other than public outdoor recreation use without the written approval of the State of Minnesota, acting through its Commissioner of Natural Resources, and the Secretary of the Interior.