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HomeMy WebLinkAboutResolution 4591 . �. �• +� �_ ��� /� �11�' �, O o ��,. - CITY of ORONO _.. ,� ,� ti �,� �'� RESOLUTION OF THE CITY COUNCIL ��ESH.�4��' NO. � � � �- . A RESOLUTION ACCEPTING GIFT OF REAL ESTATE WHEREAS, Mr. H. William Lurton has offered to donate to the City of Orono (hereinafter "the City")the property at 3580 Wayzata Boulevard West, legally described as: "that part of the northwest quarter of the northeast quarter lying northeasterly of the railroad riglit-of-way except road" � and the parcel directly adjacent to the west, legall�� described as: "beginning 2.5 chains south of the northeast corner of the northwest quarter thence west 2.6 chains thence south 3 degrees east to railroad right-of-way thence southeasterly to the eastern line of the northwest quarter thence north to beginning except road"; and . � � �! VV�iEREAS,these two parcels together are 38.5� acres; and WHEREAS,the City's ownership of this propem-«�ill provide a significant public benefit; and `VHEREAS, the City appreciates the benevolent spirit of the donor and believes that it would be in the best interests of the residents of the City of Orono to accept the donation; and WHEREAS,a substantial portion of the southwesterly part of this property will be acquired by Mn/DOT as right-of-way for the Trunk Highway 12 project; and � ' � ' WHEREAS,the portion of the property that will not be acquired by Mn/DOT is to be placed under restrictive covenants to preserve the property as a naturaT,passive park area; and tiVHEREAS, an outline of the restrictions to be placed on the property is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED b�- the City Council of the City of Orono, Minnesota that it accepts the donation of the 38.55 acres of property described above;and does also Page 1 of 2 �� ;1 . •.. r �— � O� • O O ��b. - CITY of ORONO -� � � ti . . '� RESOLUTION OF THE CITY COUNCIL � ��`9.kE � p4�'G NO. 4� � � �• �SH hereby express its sincere appreciation to Mr. H. William Lurton for the outstanding generosity . exemplified by the donation. Adopted by the City of Orono on this 18th day of December, 2000. ATTEST: . �J' � G�t- Linda S. Vee, City Clerk Gabri Jabbour, May STATE OF MINNESOTA ) ) ss. • � COUNTY OF HENNEPIN ) � � The foregoing instiument was acknowledged before me this%�f� day of �e�e m b�e� ,- � 2000 by Gabriel Jabbour and Linda S. Vee, respectively the Mayor and City Clerk of the City of Orono,a municipal corporation under the laws of the State of Minnesota,on behalf of the municipal corporation. . . d/�c���� . Notary P''blic : ' MARY ANN JOHNSON . ' _•-,, NOTARYPUBI.lC-MINMESOTA ^.+r: My CarrrNssion Expires Jan.31,2005 � Page 2 of 2 � � ' �` t� + . . � 459 �. . RESTRICTIVE COVENANTS-LURTON PROPERTY 1. The properiy shall be preserved and used only as a natural,passive, environmental park. 2. The City shall create a plan for the park that reflects the natural,passive character of the park. 3. The City shall provide improvements as set out in the park plan. These improvements may include a picnic area in the open area of the property,hiking trails, and a parking lot. 4. No hunting shall be allowed on the properry. 5. No ballfields.shall be allowed on the properry. � 6. The restrictive covenants do not apply to the portion of the properry to be acquired as right- of-way by Mn/DOT for the Highway 12 upgrade project. Exhibit 1 shows the properry to be acquired by MnlDOT. 7. The park shall�not be opened to the public until after Mn/DOT has acquired the land and buildings as shown on Exhibit 1. 8. The proceeds from the sale of the property to MnlDOT shall be placed into a fund that will be managed as an endowment-type fund, such that the principal amount in the fund is � preserved for a minimum of twenty (20)years. . � 9. All proceeds from the sale of the property to Mn/DOT shall be used to maintain and improve the properry and any adjacent property that is under public ownership. 10. The name of the park shall be agreeable to the donor(Mr. Lurton). 11. These covenants shall be enforceable by the Minnesota Land Trust and/or any citizen of the City of Orono. �