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HomeMy WebLinkAbout2011-081 CCR Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -81 RESOLUTION AUTHORIZING RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 962975; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1256759; RELEASE AND TERMINATION OF WATER MAIN, SANITARY SEWER AND FIRE HYDRANT INSPECTION AND MAINTENANCE AGREEMENT DOCUMENT NO. 1260654; RELEASE AND TERMINATION OF DECLARATION OF COVENANTS DOCUMENT NO. 1876646; AND RELEASE AND TERMINATION OF FINDINGS OF FACT DOCUMENT NO. 4702186 AND RELEASE OF RECEIPT OF DEPOSIT DOCUMENT NO. 4702185 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 agreements pertaining to the properties contained within the plat for SHINGLE CREEK CROSSING are either no longer needed, or are being replaced by new agreements; and WHEREAS, the City of Brooklyn Center and ABC North Central Theaters, Inc., entered into that certain agreement dated on or about May 22, 1969, and filed in the Office of the County Recorder of Hennepin County as Document No. 962975; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about November 10, 1977, and filed in the Office of the County Recorder of Hennepin County as Document No. 1256759; the City of Brooklyn Center and Dayton Development Company entered into that certain agreement dated on or about January 5, 1978, and filed in the Office of the County Recorder of Hennepin County as Document No. 1260654; the City of Brooklyn Center and Equitable Real Estate Shopping Center, L.P., and Federated Department Stores, Inc., entered into that certain agreement dated on or about September 24, 1987, and filed in the Office of the County Recorder of Hennepin County as Document No. 1876646; and the City of Brooklyn Center and Peter Houser and Barbara A. Houser, et al., by court order entered into certain agreements dated on or about November 5, 2009, and filed in the Office of the Registrar of Titles of Hennepin County as Document Nos. 4702186 and 4702185; and WHEREAS, the City Council has determined that it is necessary and expedient to so release and terminate the aforementioned agreements for the benefit of the City of Brooklyn Center and the Shingle Creek Crossing development. RESOLUTION NO. 2011 -81 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the release and does hereby terminate the aforementioned agreements with respect to the plat of SHINGLE CREEK CROSSING, agreements of which are described in the exhibits and documents, attached hereto. 2. The approval hereby given to the release and termination of the agreements 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 termination of the agreements. This resolution, together with the execution of any required documentation to be executed in connection with the release and termination of the Agreements in the appropriate officer or officers of the City or Authority, shall be conclusive evidence of the approval of the termination of the agreements in accordance with the terms thereof. 3. The Mayor and City Manager are hereby authorized to execute the aforementioned release and termination agreements in the name of the City of Brooklyn Center. 4. Release and termination of said agreements are contingent upon and will only take effect upon the release and filing of the final plat of SHINGLE CREEK CROSSING, and upon execution and filing of subdivision agreement for said associated development. May 23 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof Tim Willson, Carol Kleven, Kay Lasman, Tim Ruche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.