HomeMy WebLinkAbout2011-083 CCR Member Tim Roche introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2011 -83
RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SHINGLE
CREEK CROSSING
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 easements must be dedicated through separate recorded
documents in lieu of being dedicated on the plat; and
WHEREAS, a perpetual public easement is needed for the existing public trail,
sidewalk, landscape and streetscape elements along the east side of Xerxes Avenue North within the
plat of SHINGLE CREEK CROSSING; and
WHEREAS, a perpetual public easement is needed for the proposed public trail
along the south side of the southern access road and the west side of the access road located east of
the proposed partially daylighted portion of Shingle Creek within the plat of SHINGLE CREEK
CROSSINGS; and
WHEREAS, a temporary public easement is needed for the existing public trail
along the east side of the access road located east of the proposed partially daylighted portion of
Shingle Creek within the plat of SHINGLE CREEK CROSSINGS, until which time the replacement
trail on the west side is constructed and completed; and
WHEREAS, a temporary public easement is needed for the existing 18 -inch sanitary
sewer and force main contained within existing easement Document No. 964588 that is within the
plat of SHIGLE CREEK CROSSINGS, until which time the new replacement sanitary sewer is
relocated and completed; and
WHEREAS, the City Attorney has reviewed easement documents for said perpetual
and temporary easements, copies that are attached hereto; and
WHEREAS, the developer has agreed to dedicate said easements at no cost to the
City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized to execute perpetual and
temporary easements that will be dedicated to the City located within.the plat of
SHINGLE CREEK CROSSING in the name of the City of Brooklyn Center.
RESOLUTION NO. 2011 -83
2. The temporary trail easement will only be terminated upon construction,
completion and acceptance by the City of Brooklyn Center of work for said
proposed replacement trail and recording of a permanent trail easement for said
proposed replacement trail.
3. The temporary sanitary sewer easement will only be terminated upon
construction, completion and acceptance of work by the City of Brooklyn Center
of the new proposed replacement sanitary sewer line, and upon the release and
filing of the final plat of SHINGLE CREEK CROSSING with respective
easement dedicated for said replacement sanitary sewer line.
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May 23, 2011
7Z
Date Mayor
ATTEST: - f
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 Roche, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.