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HomeMy WebLinkAbout2011-076 CCR its adoption: Member Kay Lasman introduced the following resolution and moved RESOLUTION NO. 2011 -76 RESOLUTION PARTIALLY RELEASING HIGHWAY EASEMENT DOCUMENT NO. 720378, RELEASING AND TERMINATING SANITARY SEWER EASEMENT GRANT DOCUMENT NO. 802984, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 964588, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1032878, RELEASING AND TERMINATING EASEMENT GRANT DOCUMENT NO. 1504596, PARTIALLY RELEASING AND TERMINATING EASEMENTS DOCUMENT NO. 4499430, RELEASING AND TERMINATING EASEMENT GRANT AND MAINTENANCE AGREEMENT DOCUMENT NO. 1838664, AND RELEASING AND TERMINATING EASEMENT AND AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS DOCUMENT NO. 1876647, CONTAINED ON THE PARCELS WHICH LIE WITHIN THE AREA BOUNDED BY HIGHWAY 100, BASS LAKE ROAD (COUNTY ROAD 10) AND XERXES AVENUE NORTH, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat for SHINGLE CREEK CROSSING based on certain conditions as set forth in the Planning Commission Resolution No. 2011 -06; and WHEREAS, certain existing easements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING are either no longer needed, or are being replaced by new easements; and WHEREAS, the City of Brooklyn Center and Brookdale Center, Inc., entered into that certain agreement dated on or about June 5, 1962, and filed in the Office of the County Recorder of Hennepin County as Document No. 720378; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about March 10, 1965, and filed in the Office of the County Recorder of Hennepin County as Document No. 802984; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about August 18, 1969, and filed in the Office of the County Recorder of Hennepin County as Document No. 964588; the City of Brooklyn Center and the Dayton Development Company entered into that certain agreement dated on or about June 10, 1971, and filed in the Office of the County Recorder of Hennepin County as Document No. 1032878; the City of Brooklyn Center and the Equitable Life Assurance Society of the United States entered into that certain agreement dated on or about November 8, 1982, and filed in the Office of the County Recorder of Hennepin County as Document No. 1504596; the City of Brooklyn Center and Brooks Mall Properties, LLC, entered into that certain agreement dated on or about May 7, 2008, and filed in the Office of the County Recorder of Hennepin County as Document No. 4499430; the City of Brooklyn Center and Equitable Real Estate Shopping Center, L.P., entered into that certain agreement dated on or about May 28, 1987, RESOLUTION NO. 2011 -76 and filed in the Office of the County Recorder of Hennepin County as Document No. 1838664; and the City of Brooklyn Center and Federated Department Stores, Inc., entered into that certain agreement dated on or about August 31, 1987, and filed in the Office of the County Recorder of Hennepin County as Document No. 1876647; and WHEREAS, the City Council has determined that it is necessary and expedient to so partially release, or release and terminate the aforementioned easements as indicated and specifically contained in the attached documents and exhibits for the benefit of the City of Brooklyn Center and the Shingle Creek Crossing development, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the partial release, or release and termination of the aforementioned easements with respect to the plat of SHINGLE CREEK CROSSING, release and terminations of which are described in the exhibits and documents attached hereto. 2. The approval hereby given to the partial release, or release and termination of the easements with respect to the plat of SHINGLE CREEK CROSSING includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, as may be necessary and appropriate and approved by the City or Authority officials authorized by this resolution to execute any document related to the execution of the documents. This resolution, together with the execution of any required documentation to be executed in connection with the partial release, or release and termination of the easements in the appropriate officer or officers of the City or Authority, shall be conclusive evidence of the approval of the execution of the documents in accordance with the terms thereof. 3. The Mayor and City Manager are hereby authorized to execute the aforementioned documents in the name of the City of Brooklyn Center. 4. Partial release, or release and termination of said easements are contingent upon and will only take effect upon the release and filing of the final plat of SHINGLE CREEK CROSSING, execution and filing of associated rededicated easements, and upon execution and filing of subdivision agreement for said associated development. RESOLUTION NO. 2011 -76 May 23, 2011 0..�,•a� -t'�'J Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof. Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.