File #: 18-0331R    Name:
Type: Resolution Status: Passed
File created: 4/13/2018 In control: Public Works and Utilities
On agenda: 4/23/2018 Final action: 4/23/2018
Title: RESOLUTION AUTHORIZING THE EXECUTION AND RECORDING OF A DECLARATION OF RESTRICTIVE COVENANT FOR A PORTION OF SARGENT CREEK.
Attachments: 1. Exhibit 1
Title
RESOLUTION AUTHORIZING THE EXECUTION AND RECORDING OF A DECLARATION OF RESTRICTIVE COVENANT FOR A PORTION OF SARGENT CREEK.

Body
CITY PROPOSAL:
WHEREAS, Resolution No. 18-0330 authorized certain stream restoration work on a portion of Sargent Creek by the South St. Louis Soil and Water Conservation District (the "Project");
WHEREAS, the Project is financed under a grant agreement between the State of Minnesota, Department of Natural Resources and South St. Louis Soil and Water Conservation District (contract #108140/3000092577);
WHEREAS, a condition of said grant agreement requires the filing of a restrictive covenant against the real property to prevent it from being sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget;
WHEREAS, the City has a 5/8ths interest in the real property where the Project will occur on.
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, over the real property described below:

That portion of the North Half of Southwest Quarter (N 1/2 of SW 1/4), Section Thirty-two (32), Township Forty-nine (49), Range Fifteen (15) West lying within 33 feet of the centerline of Sargent Creek;

That portion of the Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4), Section Thirty-two (32), Township Forty-nine (49), Range Fifteen (15) West lying within 33 feet of the centerline of Sargent Creek; and

That portion of the following-described property lying within 33 feet of the centerline of Sargent Creek: Northwest Quarter of Southeast Quarter (NW 1/4 of SE 1/4), Section Thirty-two (32), Township Forty-nine (49), Range Fifteen (15) West, EXCEPT railroad right-of-way and EXCEPT a strip of land between N P RY AND SPIRIT LAKE TRANSFER RY 10 20/100 AC, and ALSO EXCEPT that part North and East of SPIRI...

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