RES 2024-65 Approving Declaration of Restrictive Covenant Outlot 1, Otsego Waterfront EastRESOLUTION 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 OutlotA, 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 Parl< 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 23�d day of September, 2024.
MOTION BY: Dunlap
SECONDED BY: Moores
IN FAVORSt:ockamp, Dahl,
OPPOSED3�one
Dunlap, Goede, and Moores
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CITY OF OTSEGO
Jessica L. Stockamp, Mayo
ATTEST:
,'
(Resen�ed for Recordi�ag Dala)
DECLARATION OF RESTRICTIVE COVENANT
This DECLARATION OF RESTRICTIVE COVENANT ("Declaration") is made this
day of , 2024 ("Effective Date"), by City of Otsego, a Minnesota municipal
corporation ("Declarant" or "City"),
RECITALS
A. Declarant 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: It 8-217-000010 (the "Property"), which is used by the City
as Carrick's Landing Park.
B. 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.
C. The City has received an Outdoor Recreation Grant from the Mimlesota Department of
Natural Resources and the Mimlesota 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").
D. 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.
DECLARATION
NOW, THEREFORE, Declarant hereby states and declares as follows:
In order to comply with the Department of Natural Resources Contract OR24-001, the City of Otsego
does hereby impose the following restrictions on the Property, which is also described iti Attachment B
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to that contract.
1. The Property shall be permanently managed and maintained for public outdoor recreation use.
2. Declarant 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.
IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed as
of the Effective Date first written above.
CITY OF OTSEGO,
a Minnesota municipal corporation
By:
By:
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Jessica L. Stockamp, Mayor
Audra Etzel, City Clerk
The foregoing instrument was acl�tlowledged before me this day of
2024, by Jessica L. Stockamp and Audra Etzel, respectively, the Mayor and City Clerk of the
City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notany Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651452-5000
DSK/AKLS
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