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Home My WebLink About2012 05-15 PRA AGENDA Brooklyn Center Parks and Recreation Commission Tuesday,May 15, 2012 Parks Tour 6:15 p.m. Regular Meeting- 7:00 p.m. Room#221, Brooklyn Center Community Center Parks Tour 6:1 S p.m. Tour Sites °Centennial Park °Centennial West Park (Commissioners are asked to meet in the Community Center parking lot at 6:15 p.m.) Meeting 7:00 p.m. in Room 4221 at the Community Center i 1. Call to Order 7:00 p.m. i i 2. Roll Call i 3. Approval of Minutes—March 20, 2012, April 17, 2012, 4. City Council Liaison Report 5. New Business - Shingle Creek Trail Realignment-Recommendation Regarding Easements 6. Old Business - Community Gardens- Update - East Palmer Park, Basketball Hoop Installation - Update 7. Set Next Meeting Date and Agenda 8. J Adjournment i MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 20, 2012 COUNCIL/COMMISSION ROOM, CITY HALL CALL TO ORDER Vice Chairperson Shinnick called the meeting to order at 7:02 p.m. ROLL CALL Vice Chair Shinnick, Commissioners, Lee, Russell and Starling were present. Chair Sorenson and Commissioners Ebert and Peterson were absent and excused. Also present were City Council liaison Carol Kleven and Community Activities, Recreation and Services Director Jim Glasoe. APPROVAL OF AGENDA By consensus, the agenda was approved. APPROVAL OF MINUTES—February 21, 2012 There was a motion by Commissioner Russell, seconded by Commissioner Lee to approve the minutes of the February 21, 2012 Park& Recreation Commission as presented. The motion was passed unanimously. COUNCIL LIAISON REPORT Councilmember Kleven provided the Commission with updates from the February 13, 2012 City Council meeting JOINT CITY COUNCIL/COMMISSIONS MEETING CARS Director Glasoe reminded Commissioners of the joint meeting between the City Council and all of the Commissions scheduled for April 11"' and asked for any additional input regarding the Park & Recreation Commission's power point presentation highlighting last year's activities. No additional changes were identified. JOINT MEETING WITH THE HOUSING COMMISSION TO DISCUSS THE POTENTIAL SITING OF A COMMUNITY GARDEN AT HAPPY HOLLOW NEIGHBORHOOD PARK AND ITEMS RELATING TO ESTABLISHING A COMMUNITY GARDEN PROGRAM FOR 2012. After a brief introduction of all the commission members and a staff update.on the search for candidate sites for community gardening opportunities; along with the discovery that the Crystal Airport gardening area could not be expanded because of the airway and flight pattern restrictions,the Commissioners discussed the following: - The initial garden plots identified in the Northwest corner of the park and neighbor opposition which resulted in the alternate site (45' x140') in the northern and central portion of the park. - The layout and recreational use of the ball field does not appear to conflict with the proposed garden layout. - Acknowledgement that there are no utilities located in the proposed garden layout. - Discussion about reconsidering the initial site in the Northwest corner with some revisions or other mitigating actions to address the resident's issues, and the option of expanding the 14 garden plots. - The 8 stall parking lot and indications from Brooklyn Park that parking has not been an issue with their garden program. - The budget necessary to cover the costs of a satellite/portable rest room, waste pick up, with the remaining funds to cover material costs for a perimeter fence. - Recognition that the partnership with Malmborg's Nursery/Greenhouse is providing water service for the 14 garden plots with a rental fee of$50 per season is feasible. - A tentative schedule that would establish a community garden program for this year's growing season: March 26th City Council work session for direction and authorization to schedule a neighborhood meeting on April 17th (the next regular meeting of both the Housing Commission and Park & Recreation Commission); Neighborhood Meeting on April 17th with the Commission's recommendation to follow the meeting, City Council Meeting on April 23`d to approve the use of the Park and authorize the Community Garden Program to commence, Two weeks for site preparation, marketing, applications, etc. May 9th City Council sets the rental at $50 per season. The weekend of May 18t"_the plots would be ready for the gardeners. Confirmation that the community gardening program would be a function of the C.A.R.S. and the Park& Recreation Commission with the Housing Commission being available to assist as necessary. The primary role and focus of the Housing Commission is to pursue additional gardening opportunities throughout the community. The consensus of both Commissions was to proceed with the conceptual Happy Hollow Community Garden Site as the best option and to request City Council direction on calling for a neighborhood meeting and proceeding with a Community Gardening Program for 2012. SET NEXT MEETING DATE By consensus, the next meeting of the Parks and Recreation Commission was set for April 17, 2012 at 7:00 p.m. at Happy Hollow Park. MEETING ADJOURNED Commissioner Russell made a motion, seconded by Commissioner Starling, to adjourn the meeting at 8:10 p.m. The motion passed unanimously. i I MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 17, 2012 HAPPY HOLLOW PARK NEIGHBROOD INPUT MEETING REGARDING COMMUNITY GARDENS Representatives of the Park and Recreation and Housing Commissions met with neighborhood residents to take public input on the proposed installation of community garden plots at Happy j Hollow Park. There were approximately 16 residents present and Van Cooley,Manager of Malmborg's Nursery, which adjoins the proposed community garden site. The following issues were raised at this neighborhood information meeting: - traffic issues associated with access from Brooklyn Boulevard; - neighborhood safety concerns associated with the additional traffic to the park; - driving and parking on the part trail connecting Zenith and Abbott Ave. ; - insufficient parking lot which results in on street parking within the neighborhood; - issues associated with debris and trash, which currently requires neighbors to clean up the park; - issues related to not having Biff's—Satellite sanitation facilities at the park; - potential conflicts and/or incompatible use with other park activities,(soccer play,kite flying, airplane flying, exercising of their dogs); - potential that the gardens may become an attractive nuisance and/or invitation for other 1 sources of trouble; - why this neighborhood park and not somewhere else; - why destroy the natural beauty of this park - safety concerns for children using the park - concerns about inviting strangers into the neighborhood park and other unknowns by introducing community gardening; - concerns related to the renting of parkland that would provide someone an exclusive right for the use of public property CALL TO ORDER Vice Chairperson Shinnick called the meeting to order at 8:15 p.m. ROLL CALL Chair Sorenson, Commissioners, Ebert, Peterson, Russell Shinnick and Starling were present. Commissioner Lee was absent and excused. Also present were City Council liaison Carol Kleven and Community Activities, Recreation and Services Director Jim Glasoe. ADOPT-A-PARK CLEANUP Chair Sorenson noted the Shingle Creek Cleanup was scheduled for Saturday April 21 beginning at 9:00 a.m. He suggested available Commissioners meet at the Community Center for rolls and coffee and would then proceed to Marlin Park for the cleanup. EAST PALMER PARK- BASKETBALL HOOP Chair Sorenson referred to an e-mail sent by Commissioner Peterson in response to the "youth programs discussion"held at the April 11,joint City Council/Commissions meeting. In the e-mail, Commissioner Peterson indicated that he had been approached by area youth regarding the need for a basketball hoop at East Palmer Park. Chair Sorenson noted that he had recently visited the park and examined the former basketball court. Chair Sorenson noted the Southern half of the court was still in useable condition. After some discussion, Commissioner Peterson made a motion recommending the City Council consider directing staff to install a single basketball hoop at East Palmer Park. Commissioner Ebert seconded the motion and it was passed unanimously. The Commission asked that May 15"' be established as a target date for the installation. SET NEXT MEETING DATE By consensus, the next meeting of the Parks and Recreation Commission was set for May 15, 2012 at 7:00 p.m. MEETING ADJOURNED Commissioner Russell made a motion, seconded by Commissioner Shinnick, to adjourn the meeting at 8:26 p.m. The motion passed unanimously. Notes from the April 17 Happy Hollow Neighborhood Information Meeting on the potential of creating 17 community garden plots. Traffic Issues associated with access from Brooklyn Boulevard: - Intersection with 51th Ave. ( Malmborg's& Brookdale Covenant Church's private drive and the bus stop area) - Intersection with 501h Ave. and park access though the neighborhood, - Issue associated with the conversion of a portion of Lilac Drive to private street. Neighborhood Safety concerns associated with the additional traffic to the park: - Introducing non-neighborhood traffic unto 50th Ave.,Zenith Ave., &Abbott Ave. Driving and Parking on the park trail connecting Zenith and Abbott Ave. Insufficient Parking Lot and resulting onsite street parking within the neighborhood: - Use of the picnic shelter by larger groups/family gatherings - Use of the basketball court - Use of the ball field Issues associated with debris and trash,that currently requires neighbors to clean up the park: - Garbage collection of the waste containers, - Dumping of containers by scavengers/recycling of aluminum cans. - Non-resident users are as motivated to keeping the park clean as the existing neighborhood. Issues related to not having Biff's/satellite sanitation facilities; Potential conflicts and/or incompatible use with other park activities(soccer play, kite flying,airplane flying,exercising of their dogs). Potential that the gardens may become an attractive nuisance and/or an invitation for other sources of trouble: - Potential for theft of Malmborg's outside storage products, Why this neighborhood park and not somewhere else? - referenced the City Hall area or Brookdale redevelopment area - what benefit or value is there to the neighborhood Why destroy the natural beauty of this park? - referenced the Boundary Water Area and passive open space Safety Concern for children using the park: - referenced child/day care with the neighborhood that uses the park, - use of the park by their grandchildren, - who are these gardeners and will there be police—background checks, Concerns about inviting strangers into the neighborhood park and other unknowns by introducing gardening. Concerns that the City would consider renting of the public parkland that would provide someone an exclusive right for the use of public property. Other comments from residents included: - A resident adjoining the park indicated that he had not seen this portion of the park used, since he had moved in about 1%-2 years ago. - What is the cost of the City? - A resident related her family's experience and the perception of being viewed as strangers or outsiders,when they first moved into the neighborhood over 20 years ago. - Malmborg's are willing to continue to work with the City in providing water service to the garden plots and promoting gardening opportunities within the community. MEMORANDUM–PARKS AND RECREATION COMMISSION TO: Jim Glasoe,CARS Director FROM :Steve Lillehaug, City Engineer/Director of Public Works DATE: May 10, 2012 SUBJECT: Shingle Creek Regional Trail RealignmentProject Recommendation: It is recommendedthat the Parks and Recreation Commission consider the Shingle Creek Regional Trail Realignment Project plans and recommend consideration and approval by the City Council. Background: OnAugust 27, 2009, the City of Brooklyn Center and the Three Rivers Park District executed a Trailway CooperativeAgreement for the Shingle Creek and Twin Lake Regional Trails in Brooklyn Centerthat transferred ownership of those trails to the Park District. As part of the Park District’s commitment to the City, the Park District is proceeding with a project to improve a segment of the Shingle Creek Regional Trail from County Road 10 to I- 94(see General Location Map Figure 1). The Park District’s plan includes the reconstruction of the north segmentof trail through Centennial Park,generally in the same location as it exists. The southerly segment of trail has historically experienced flooding issues and is planned to be realigned outside of the floodplain (see Proposed Project Figures 1-3). As a result of theproposedrealignment, wetland impacts will be experienced that are required to be mitigated (see Wetlands Impacts and Mitigation Figures 1-3).The proposed mitigation area is locatedin an area along Shingle Creek where a portion of the existing trail existsand is planned to be removed. Realigning the trail requires the City to update and provideeasements for those relocated portions of new trail(see attached easementsand exhibitsfor trail segments SC-4A, SC-4D and SC-5). These new easements will replacethe prior easements granted as part of the 2009 Trailway Cooperative Agreement. The existing easements for the old trail will then need to be vacated. The existing trail along the creek will then fall back under the jurisdiction of the City. Due to thepoor shapeandfrequent flooding of the existing southerly segment of trail, City staff proposesto convert thatportion of existingtrail to a nature trailin the future.The City would reclaim (grind) the existing trail in place and convert it to a wood-chipped trail. The second paralleltrail that is located in certain locations would bepermanentlyremovedand converted to turf and/or native plantings. Budget Issues: City resources will be used to create and record updated trailway easementswithin the current constraints of the 2012 budget and staff workload.Future City resources will be neededto convert the existing trail to a wood-chipped nature trail.Reclaiming the trail will Shingle Creek Regional Trail Realignment Project May 10, 2012Page 2 cost approximately$5,000 and would be programmed in a future year operating budget. Wood chips that are anticipated to be generated from the City’s planned 2013 neighborhood reconstruction project are proposed to be used and would be installed by and with City staff and equipment. Council Goals: Strategic: 7.We will continue to maintain the city’s infrastructure improvements Ongoing: 1.We will provide streamlined, cost effective, quality services with limited resources City of Brooklyn Center/ Regional Trails Agreement LA. 7p MVDOBINE �A° z W . WOODBINE LA. O ODBINE LA Z w AV E.� V70< AV E• 9A� a a 72nd AVE. a Q �ALDR]CN 72nd AV. �� f? a a 4L VIR r > > > AMY LA. Z /R1E. Q 0 71st AvE. o w a ALI 71 si AV. 72 nd vG a AV E. �Q w 4 eQ a 7o m AVE.. N. 70 th o Palmer Lake a AVE. AV E. 70th o' °o IRVSNG LA. EMERSON LA. URBAN AVE. �' o 69tH AVE. N.N. 691h AVE. N. o� d 681h LA. O z a zo w AVE. z S 6�ih w a a 68 th AVE. th °r�HSNUL CREEK q NUMBOLDT LA. z W mTNUR PL. 67th° 6ERa 68 th LA. qA 'a a 'a \�o� 67 ih AVE. N RD. A- ° PARKWAY 67th AVE. N. J m7� 67 CIR, o w pa Av N PARKWAY C7R y QUARLES FR "\A a m J �a 657h RV° 66th AVE. MAY 0 65th AVE. Q �N. z 65th AV E. 64th AVE. N 252 0 AVE. SA MES 64 to AV E. p�1FAx ve, a�90 AVE. oe 94 52 n w �� 694 o vENRV � U 3 w Za�� 63rd AVE, N RD. A- a v JOYCE MUMFVR NASN RD. �e ClV Clt A. o H a 63 �� CAMDEN 62 nd a� FD. � 2nd AVE. OT. 65nd AVE. LANE7 LA. WRe ChE OD� �� . I N. 61st N. R�E. z z SUMMIT 100 61 st AV E. N. AVE. �' z 6lsi z AVE. N. z COMMODORE LA. e a z n,, � �60 LAVE°-C V'9 �6 AV E. N. o a Az Fflj A' D I a z 59th AVE. N. l 4�, a° 58%2 59th nn E. �n n o '`LIL 58th AV. o<� v NOR�ID�' DRS b p �� 58 th AV nEDDI��.I 52 0 [A7 EnAV nNNL�P] FRANCE to E. N. N. 100 a BUROUEST LA. 0 6 56yhe F a¢. DR. n Q nn��L AVE.N. or V � Ah V1F� 56 th AV 56 th AV E. N.ECKBERG DR. "�OVOz an�� o nN D55 th E� AVE.z N. z tht PV�� 55th oo �¢�� a JE v u'r� LA53rd AVE. N. N. �L �� 53rd AVE. N. U_ L a PROJECT LOCATION T rr N U N O x General Location Map Figure 1 Consulting Group,Inc. Shingle Creek Three Rivers Park District MATCHLINE A. E � _ c iM�+ lIII OL c� I t oy } .a F 3 •. o loo zoo •U �� ..... r N ♦Z _ scale in feet Q r R Y Lv U _ LEGEND w PROPOSED TRAIL U w L D p if EXISTING TRAIL Z - - r-i --- CONSTRUCTION LIMITS Mill CLEF'1 t. .. t i•1 '� i+lbi111ib �� - 2-MASS LAKE RD x Proposed Project Figure 1 Consulting Group,Inc. Shingle Creek Three Rivers Park District LEGEND ' PROPOSED TRAILp • �.r it a EXISTING TRAIL OF CONSTRUCTION LIMITS #' if ! { �I*F pt BRIDGE RECONSTRUCTION AREA X MATCHLINE B — �j y o loo 200 t scale in feet - ~~ ir i JI f A r • tab 'aA S-XV lop Ii�lFrfiti! t r R--- t r a � N -- i F • N a *t- ,,-� +MATCHLINE A Proposed Project Figure 2 Consulting Group,Inc. Shingle Creek Three Rivers Park District .. t LEGEND PROPOSED TRAIL EXISTING TRAIL -- CONSTRUCTION LIMITS '� + +� ---- v — r' 'T 0 100 200 scale in feet - . Im a .• - - r In N , U _ _ N Up CD co BRIDGE RECONSTRUCTION AREA MATCHLINE x Proposed Project Figure 3 Consulting Group,Inc. Shingle Creek Three Rivers Park District MATCHLINE A A0` A , l 19076 SF rt: Boa zoa CD scale 1n feet a W 2 —A "` w LEGEND WETLAND U t� ;' J , WETLAND IMPACT �? rZ-i WETLAND MITIGATION N —° CONSTRUCTION LIMITS Mill DELINEATED WETLAND BOUNDARY _ EF o _ - BASS LAKE RD x Wetland Impacts & Mitgation Figure 1 Consulting Group,Inc. Shingle Creek Three Rivers Park District LEGEND WETLAND WETLAND IMPACT WETLAND MITIGATION A' — —• CONSTRUCTION LIMITS t� DELINEATED WETLAND BOUNDARY BRIDGE RECONSTRUCTION AREA X MATCHLINE B F 100 200 ' scale in feet dft r - 2194 SF y . d r s' MFe;S � ' % *wn 1 16v r~ er - r ris I4 nptf;rl! er �` - W# r !� r N 6579 SF fr V 6 � `^ . co m N � m -,�iMATCHLINE A x Wetland Impacts & Mitgation Figure 2 Consulting Group,Inc. Shingle Creek Three Rivers Park District LEGEND ---� WETLAND , L---I WETLAND IMPACT WETLAND MITIGATION ----- CONSTRUCTION LIMITS DELINEATED WETLAND BOUNDARY =' 50 SF �¢ 430 SF 19 SF o ioo zoo - 3 ,. V-6 r� s'• scale in feet ar • �w r- r^.� $ op s" Im '2 >T m ch N Y c a if R t + ,r yam. � � + BRIDGE RECONSTRUCTION AREA MATCHL INE B '- x Wetland Impacts & Mitgation Figure 3 Consulting Group,Inc. Shingle Creek Three Rivers Park District Parcel SC-4A Certificate of Title No. 1045381 EASEMENTAGREEMENT THIS AGREEMENTis made byand betweentheCity of Brooklyn Center, a Minnesota municipal corporation,Grantor, in favor of the Three Rivers Park District,a political subdivision of the State of Minnesota, Grantee. Recitals A.Grantor is the fee owner of certain real property in HennepinCounty, Minnesota,legally described on the attached Exhibit A (the “Property”). B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certaineasements, according to the terms and conditions contained herein. Terms of Easements 1.Grant of Easements.For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easementslegally described on the attached Exhibit Aanddepicted on the attached Exhibit B. 2.Scope of Easements.The perpetual traileasementgranted herein includesthe right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities:public sidewalk or trail, trail signing andtrail bridgefacilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide stripof land, the center line of which is the center line of the proposed trail.The general location, width and surface type of this trail aredepicted on the attached Exhibit B. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3.Trail Uses and Purposes.This easement is forpublic trail purposes only.All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to,walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal SC-4A ver1 assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. 4.Warranty of Title. The Grantor warrants itis the owner of the Property and has the right, title and capacity to convey to the Grantee the easementsherein. 5.Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 6.Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, itssuccessors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _____ day of ____________,2012, by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SC-4A ver1 EXHIBIT A Owner:City Of Brooklyn Center P.I.N. :35-119-21-34-0003 Description of Property: Par 1: Outlot E, Brooklyn Center Industrial Park Plat 1, except that part thereof shown as Parcel 39B on Minnesota Department of Transportation Right of Way Plat No. 27-6. Par 2: That part of Outlot H, Twin Cities Interchange Park, lying easterly of the st southeast line of Block 3, Garden City 1Addition and its northeasterly extension, except that part thereof shown as Parcel 39B on Minnesota Department of Transportation Right of Way Plat No. 27-6. Subject to easements for drainage and wall maintenance purposes as set forth in Deed Doc. No. 3276260; (as to Par 2) Subject to mineral and mineral rights reserved by The Regents of the University of Minnesota; Subject to the easement for County Ditch No. 13, also known as Shingle Creek, as shown on the plats of Twin Cities Interchange Park and Brooklyn Center Industrial Park Plat 1. (the “Property”) Description of Easements: This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00foot wide strip of land, the center line of which is the center line of the proposed trail.The general location, width and surface type of this trail aredepicted on the attached Exhibit B; Said easement containing 34,971square feet (0.80acres)more or less. SC-4A ver1 T r W W a, - J Al 3 y *as ry 6301, u tj 7d 4 � �Y 1"g`r, T ------ CENTRAL X99 '31 -w=a� "all,-�9991 PARK 6 99§9a, 3gd9R i9�,A'�a mg LIj U 9 — 9 9 aA1+ag9a pia. 6221 � J3 47a'i 9a79' R! IFI Z 7 9 a T t N , WESTERLY TRAIL — (CITY OWNED) 11 nABri" • .n AM , T �e - � �. 9A q�i i ��N:. Pte•^' n•,� . 0 125 250 FT ® PROPOSED EASEMENT — 34,971 SF I I I I I =1} CITY OF EASEMENT PROPERTY SC-4A EXHIBIT B BROOKLYN CENTER PUBLIC WORKS — ENGINEERING CENTRAL PARK — PID 3511921340003 May 10, 2012 Parcel SC-4D Abstract OR Torrens Certificate No. xxxxxxxxxxxxx EASEMENTAGREEMENT THIS AGREEMENTis made byand betweentheCity of Brooklyn Center,a Minnesota municipal corporation,Grantor, in favor of the Three Rivers Park District,a political subdivision of the State of Minnesota, Grantee. Recitals A.Grantor is the fee owner of certain real property in HennepinCounty, Minnesota,legally described on the attached Exhibit A (the “Property”). B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certaineasements, according to the terms and conditions contained herein. Terms of Easements 1.Grant of Easements.For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easementslegally described on the attached Exhibit Aanddepicted on the attached Exhibit B. 2.Scope of Easements.The perpetual traileasementgranted herein includesthe right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities:public sidewalk or trail, trail signing andtrail bridgefacilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide stripof land, the center line of which is the center line of theproposed trail. The general location, width and surface type of this trail aredepicted on the attached Exhibit B. Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. 3.Trail Uses and Purposes.This easement is forpublic trail purposes only.All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal SC-4D ver1 assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. 4.Warranty of Title. The Grantor warrants itis the owner of the Property and has the right, title and capacity to convey to the Grantee the easementsherein. 5.Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 6.Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, itssuccessors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _____ day of ____________,2012,by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SC-4D ver1 EXHIBIT A Owner:City Of Brooklyn Center P.I.N. :02-118-21-21-0018 Description of Property: Outlot A, Amcorp AdditioninHennepin County, Minnesota. (the “Property”) Description of Easements: This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00foot wide strip of land, the center line of which is the center line of the proposed trail. The general location, width and surface type of this trail aredepicted on the attached Exhibit B; Said easement containing 25,775square feet (0.59acres) moreor less. SC-4D ver1 !a lo,i� ms hill 11,41.,7111 U141 IAM i� l `h ter, zo OD O ! C, N - - 00 N O Ld Lw U w�4� J U' 1 _Z N �11i III �,�• °,� ,. �1u6 V�I,I;�I, ,III STERLY TRAIL (CITY OWNED) 5910 f d w 5900 ® PROPOSED EASEMENT - 25,775 SF I I 81 5 I 115 _11 CITY OF EASEMENT PROPERTY PARCEL SC-4D EXHIBIT B BROOKLYN CENTER PUBLIC WORKS — ENGINEERING SHINGLE CREEK TRAIL - PID 0211821210018 MAY 10, 2012 AbstractParcel SC-5 EASEMENTAGREEMENT THIS AGREEMENTis made byand betweentheCity of Brooklyn Center, a Minnesota municipal corporation,Grantor, in favor of the Three Rivers Park District,a political subdivision of the State of Minnesota, Grantee. Recitals A.Grantor is the fee owner of certain real property in HennepinCounty, Minnesota,legally described on the attached Exhibit A (the “Property”). B.Grantor desires to grant to the Grantee, and Grantee desires to accept, certaineasements, according to the terms and conditions contained herein. Terms of Easements 1.Grant of Easements.For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easementslegally described on the attached Exhibit Aanddepicted on the attached Exhibit B. 2.Scope of Easements.The perpetual traileasementgranted herein includesthe right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities:public sidewalk or trail, trail signing andtrail bridgefacilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land.The easement shall extend 16.00 feet westerly of the east property line from the southerly lot line to a point 480.00 feet north of the southerly property line. The remaining portion of the easement shall be 16.00 feet wide,the center line of which is thecenter of the proposed trail.The general location, width and surface type of this trail are depicted on the attached Exhibit B.Any alteration to the current horizontal or vertical location of this trail must be approved by the Grantor. SC-5 ver1 3.Trail Uses and Purposes.This easement is forpublic trail purposes only.All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking,jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. 4.Warranty of Title. The Grantor warrants itis the owner of the Property and has the right, title and capacity to convey to the Grantee the easementsherein. 5.Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 6.Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, itssuccessors andassigns. STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _____ day of ____________,2012, by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SC-5 ver1 EXHIBIT A Owner:City Of Brooklyn Center P.I.N. :02-118-21-24-0017 Description of Property: Lot 1, Block 1, Brookdale Squarein Hennepin County, Minnesota. (the “Property”) Description of Easements: This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land.The easement shall extend 16.00 feet westerly of the east property line from the southerly lot line to a point 480.00 feet north of the southerly property line. The remaining portion of the easement shall be 16.00 feet wide,the center line of which is thecenter of theproposedtrail.The general location, width and surface type of this trail are depicted on the attached Exhibit B. Said easement containing 15,663square feet (0.36acres)more or less. SC-5 ver1 I ,f h, z 59TH AVE N Z 0 16' RAjo III 5900 -. r (i: 1 Y W LU LUU ' J t' N N 4.0 GO _ '.fir m. ,*�•� a w Of U LU 2500 5J NORTHWAY DRIVE ED z x 40 C9 RD NO 10 y .. f ® PROPOSED EASEMENT — 15,663 SF I I 7I I 1 i0 FT CITY OF EASEMENT PROPERTY—PARCEL SC-5 EXHIBIT B BROOKLYN CENTER PUBLIC WORKS - ENGINEERING SHINGLE CREEK PKWY— PID 0211821240017 MAY 10, 2012