HomeMy Public PortalAbout2010-064 Resolution Accepting the Real Property & Funds of German Liberal Cemetery Assoc.Member Weir introduced the following resolution and moved its adoption.
CITY OF MEDINA
RESOLUTION NO.2010-64
RESOLUTION ACCEPTING THE REAL PROPERTY AND FUNDS
OF THE GERMAN LIBERAL CEMETERY ASSOCIATION
WHEREAS, the German Liberal Cemetery Association (the "Association") owns and
operates the German Liberal Cemetery on property legally described on Exhibit A attached hereto
(the "Property"); and
WHEREAS, the Association has accumulated funds from the sale of lots and burials in the
cemetery and from other sources (the "Funds") for the care and operation of the cemetery; and
WHEREAS, at a meeting called for the express purpose, a majority of the members of the
Association voted to authorize transfer of the Property and Funds to the city of Medina (the "City")
to allow the City to own and operate the cemetery thereafter; and
WHEREAS, following the vote by a majority of the members of the Association, the board
of trustees of the Association met on September 23, 2010 and by unanimous vote adopted the
resolution attached hereto as Exhibit B directing the transfer to the City of the Property and the
Funds; and
WHEREAS, in order to complete such transfer, it is necessary for the City to adopt a
resolution accepting the transfer of the Property and the Funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota as follows:
1. The City hereby accepts the transfer of the Property and the Funds of the
Association.
2. The City agrees to continue to operate, maintain, manage, conduct and control the
cemetery, to sell lots in it and to administer its funds for the same purposes and upon
the same trusts for which they were originally established.
3. The City agrees to devote the Funds and future revenues derived from the use and
operation of the cemetery for the care and maintenance of the cemetery but the
Funds are not a trust fund for the perpetual care of the cemetery by the Association
and the City is not establishing a permanent care and improvement fund within the
meaning of Minnesota Statutes, section 306.41.
Resolution No. 2010-64
October 5, 2010
4. Nothing herein shall preclude the City from establishing, amending or revoking such
rules, regulations and pricing for the sale of lots and services as it may deem from
time to time to be necessary or convenient for the operation of the cemetery but such
rules shall not infringe upon the rights of persons who were cemetery lot owners at
the time of transfer.
5. The transfer of the Property and the Funds shall be accomplished by no later than
November 1, 2010. The mayor, city administrator -clerk and other City officials are
hereby authorized and directed to execute all documents and take all actions
necessary to accomplish the transfer.
Dated: October 5, 2010
T.M. Crosby, Jr., Mayor
ATTEST:
4,. /k,„
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Smith and
upon vote being taken thereon, the following voted in favor thereof:
Crosby, Weir, Smith, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2010-64 2
October 5, 2010
EXHIBIT A
Legal Description
Parcel 1: 16-118-23-12-0001
That part of Section 16, Township 118, Range 23, described as follows: Beginning at a point 26.93 chains
West of the Northeast corner of said section 16; thence South 1.96 chains; thence West 3.17 chains; thence
North 1.96 chains to section line; thence East 3.17 chains to the place of beginning, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota.
Parcel 2: 09-118 -23 -43 -0001
That part of Section 9, Township 118, Range 23, described as follows: Beginning at a point 26.93 chains
West from the Southeast corner of said section 09; thence North 1.21 chains; thence West 3.17 chains;
thence South 1.21 chains; thence East 3.17 chains to the point of beginning, except road, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota.
Abstract Property
Resolution No. 2010-64 3
October 5, 2010
EXHIBIT B
Resolution
MINUTES OF THE SPECIA'. MEETING
OF THE BOARD OF 'FRI.STF-ES Ol?
TJR11 GEIUrL&N LIBERAL CEMETERY ASSOCIATION
Pursuant to notice duty given by the President ofthe German Liberal C ,meters Aas ur:iation
("Association"), a special meeting of the Board of Ttustccs (`Board'') was duly called and held et -7 roz
PM on September_, 2010 in Long Lake, MN.
The Sexrctar of die Association reporte that there were 5 voting memb xs Friesen -I. The
President declared that the full Board was present and the met4ing qualified to transact b stir.eas_
RESOLVED, that the Board believes it is in the best lrftarest of the Association and du hereby
approve the conveyance to the City ofMcdi rue a Minnesota Stalurory City, of teal properly rte scribm1
as Coliawu!
Sce attached Schedule A
FURTHER RESOLVED, that the ?resident, William C. Nectz, is hereby authorized to transfer
all funds held by the Association to the City of hiedina to be held iur the business and cart of the
flerrm,rr, Liberal Cemetery.
FURTHER RESOLVED, that the President: William C. Nera, is hereby authorized to ita rilct
ell records uFthe German Lil eral Cemetery hc]d by t]rc Ai .,intton to the City of Iviedina for
thimurisul purposes so it ntay carry on the business of the German Liberal Cemetery.
Ft iRTIIER RESOLVED, that the PrevijnL Brilliant 0_ Nettz, is hereby authorized to cxc utc
cad deliver any and all documents, including such changes and revisions therein as the persons
executing the saute may approve, and to take any and all actions ®s may be neeassa*y or desirable to
conclude the transactions hercinabove approved before December Si, 2.1110, except for thnaz
Certificates of Deposit maturing, after sub dare -
Their. bring run further business., the meeting was adjourna3 upon modem duly made at
iicspcctfUIy submitted,
M cth��
nlyn , Secretary
Resolution No. 2010-64 4
October 5, 2010
Schedule A
LEGAL DESCRIPTION
Parcel 1: 16-118-23-12-0001
That part of Section 16, Township 118, Range 23, described as follows: Beginning at a point 26.93 chains
West of the Northeast corner of said section 16; thence South 1.96 chains; thence West 3.17 chains; thence
North 1.96 chains to section line; thence East 3.17 chains to the place of beginning, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota.
Parcel 2: 09-118-23-43-0001
That part of Section 9, Township 118, Range 23, described as follows: Beginning at a point 26.93 chains
West from the Southeast corner of said section 09; thence North 1.21 chains; thence West 3.17 chains;
thence South 1.21 chains; thence East 3.17 chains to the point of beginning, except road, according to the
United States Government Survey thereof and situate in Hennepin County, Minnesota.
Abstract Property
Resolution No. 2010-64 5
October 5, 2010