Item 3.16 Carricks Landing Approving Declaration of Restrictive Covenant
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING
DEPARTMENT
REQUESTOR: MEETING DATE:
Parks and Recreation Parks and Recreation Director Jacobs 23 September 2024
PRESENTER(s) REVIEWED BY: ITEM #:
Consent Assistant City Administrator/Human Resources Hille City
Attorney Kendall
City Planner Licht
3.16 – Carrick’s Landing; DNR
Grant Restrictive Covenant
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
X Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve deed restriction.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
The City is undertaking improvements at Carrick’s Landing. The project is funded in part by an Outdoor Recreation grant
received from the Department of Natural Resources and the Minnesota Parks and Trails Commission. The contract
between the City and the Department of Natural Resources for the grant award requires the City to record a Restrictive
Covenant against the park property that permanently restricts the use of the property to public park purposes only. This
is a standard requirement of the Department of Natural Resources and has been executed by the City for previous
projects at the Old Town Hall site and Prairie Park. The City Attorney drafted the proposed Restrictive Covenant and it
has been reviewed by the Department of Natural Resources and approved in form. City staff is requesting the City
Council approve execution of the Declaration of Restrictive Covenant by the Mayor and City Clerk after which it will be
recorded with the property at the Wright County Recorders office.
SUPPORTING DOCUMENTS ATTACHED:
• Resolution 2024-65
• Declaration of Restrictive Covenant
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2024-65 approving execution and recording of a Declaration of Restrictive Covenant upon
Outlot A, Otsego Waterfront East satisfying conditions for receiving a Department of Natural Resources grant.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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RESOLUTION NO: 2024-65
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
APPROVING DECLARATION OF RESTRICTIVE COVENANT
OUTLOT A, OTSEGO WATERFRONT EAST
WHEREAS, The City of Otsego (“City”) owns an undivided 85.66% interest in the real property legally
described as Outlot A, Otsego Waterfront East, Wright County, Minnesota, which is located in the City of
Otsego, County of Wright, State of Minnesota, PID: 118-217-000010 (the “Property”), which is used by
the City as a public park known as Carrick’s Landing; and
WHEREAS, The entire Property is subject to that certain Permanent Park Easement granted to the City,
which was filed of record in the Office of the Wright County Recorder on May 16, 2005, as Document No.
A959298, which was granted with the following unrestricted rights: public access to the park easement
area including any park-related amenities and improvements; to make park improvements including but
not limited to pathways and trails; to make repairs; and to maintain the same, free and clear of all
encumbrances, over, under, and across the Property; and
WHEREAS, The City has received an Outdoor Recreation Grant from the Minnesota Department of
Natural Resources and the Minnesota Parks and Trails Commission, to be used by the City at Carrick’s
Landing Park, and has entered into that certain Department of Natural Resources Outdoor Recreation
Project Contract OR24-001 (the “DNR Contract”); and
WHEREAS, as a condition of payment by the State of Minnesota for the Grant award amount under the
DNR Contract, the City must place a restriction upon the Property limiting any unauthorized reuse of the
Property.
WHEREAS, those obligations are outlined and memorialized in the attached Declaration of Restrictive
Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Declaration of Restrictive Covenant attached hereto is hereby approved in form.
2. The Mayor and City Clerk are hereby authorized to execute and record Declaration of Restrictive
Covenant on behalf of the City of Otsego.
(remainder of page blank signatures follow)
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ADOPTED by the City Council of the City of Otsego this 23rd day of September, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk