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09-25-23-R
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09-25-23-R
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Minnesota Public Facilities Authority <br />APPENDIX B REAL PROPERTY DECLARATION AND WAIVER REQUIREMENTS <br />A recipient receiving an appropriation of state general obligation bond proceeds is required to: <br />- Record a Real Property Declaration that identifies the properties on which the recipient uses PFA funds as <br />"state bond financed property <br />or <br />- Request a waiver from Minnesota Management and Budget (MMB) from the recording requirement, and <br />sign a Waiver Certification <br />and/or <br />- Both record a Real Property Declaration and request a waiver/sign a Waiver Certification <br />Recipients must provide a copy of the recorded Declaration and/or signed Waiver Certification and/or a copyof the <br />recorded Declaration to PFA and MMB prior to disbursement of grant funds. <br />Real Property Declaration -The recorded Real Property Declaration places limitations on the use and sale of real <br />property improved with state bond proceeds under Minn. Stat. Sec. 16A.695 and the Fourth OrderAmending Order <br />of the Commissioner of Finance Amending Order of the Commissioner of Finance dated July 30, 2012 (the <br />"Commissioner's Order"). Some activities needing this: treatment plants, ponds, lift stations, water towers, <br />demolition sites. Recipients should have an attorney draft the Declaration and confirm the accuracy of the <br />recordable parcel(s). <br />Real Property Declaration Recording Waiver -Section 7.02 of the Commissioner's Order allows the Commissioner of <br />Minnesota Management and Budget (MMB) to waive the declaration recording requirement for projects or portions <br />of projects located within roads, highways or utility or transit corridors, easements or rights or way where recording <br />would be problematic. If your project, or a portion of it fits this description, the recipient should request a waiver <br />from the recording requirement from MMB. <br />If MMB grants the waiver from the recording requirement, the recipient will need to sign a Waiver Certification for <br />those parts of the project, in which the recipient acknowledges that those project areas are "state bond financed <br />property". A description (legal description not needed) and/or map of the project areas should be attached to the <br />Waiver Certification. <br />Example Documents — <br />The following documents are attached: <br />• Example Real Property Declaration <br />• Information for Requesting a Waiver from Real Property Filing <br />• Example Letter to MMB Requesting Approval of a Waiver <br />• Example MMB Waiver Certification <br />GO Bond Special Appropriation Forms 23 of 32 August 2023 <br />
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