HomeMy WebLinkAbout2014-050 CCR Member Carol Kleven introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2014-50
RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT
AGREEMENT FOR THE THREE RIVERS PARK DISTRICT REGIONAL TRAIL
(SEGMENT SC-6B) BETWEEN THE CITY OF BROOKLYN CENTER AND
THREE RIVERS PARK DISTRICT, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the City of Brooklyn Center("City")and the Three Rivers Park District
("Three Rivers")established a Trailway Cooperative Agreement for the Shingle Creek Regional Trail
and the Twin Lakes Regional Trail in 2009; and
WHEREAS, the City approved Limited Use Permit Agreements for Public Trail Ways
on February 28,2011,and a Public Trail Easement Agreement on December 17,2010, for the Three
Rivers Park District's Shingle Creek Regional Trail between Bass Lake Road and Highway 100 located
on the Shingle Creek Crossing development;and
WHEREAS, the City Council has subsequently obtained a permanent trail easement on
the Shingle Creek Crossing development for this portion of regional trail that was reconstructed and
realigned in a new location as part of that recent development;and
WHEREAS, the City and Three Rivers desire to set forth various construction,
maintenance and operation responsibilities for these new improvements in a Limited Use Permit for
the realigned segment SC-613 of the Shingle Creek Regional Trail.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota,that
1. The provisions of the Three Rivers Limited Use Permit Agreement,between
the City of Brooklyn Center and Three Rivers are hereby accepted and
approved,and the Mayor and City Manager are hereby authorized and directed
to execute said agreement.
e
April 14, 2014
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kris Lawrence-Anderson
and upon vote being taken thereon,the following voted in favor thereof:
Tim Willson, Carol Klevefi:� Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO.2014-50
Parcel SC-613
Limited Use Permit Agreement for Public Trail Way
THIS AGREEMENT is made by and between the City 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. This Agreement is for the purpose of permitting construction,maintenance and operation of
a regional trail C'Trail') within that part of Outlot A, and Lot 2, Block 2, SHINGLE CREEK
CROSSING, according to the plat thereof,Hennepin County,Minnesota,and within that part of the
.Grantor's easement per Document No. T4868192, files of Hennepin County Recorder, as shown in
Exhibit'A",which is attached hereto and incorporated by reference.
B. Grantor desires to grant to the Grantee, and Grantee desires to accept, certain rights
pertaining to the Trail,according to the terms and conditions contained herein.
Terms of A egr ement
1. Grant of Use. For good and valuable consideration, receipt of which is acknowledged by
Grantor, Grantor irrevocably grants use of the Trail area as described and depicted on the attached
Exhibit A.
2. Scope of Agreement. The use granted herein includes the right of the Grantee, its
contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain,
inspect, alter and repair, within the described area, a Trail including any of the following
facilities and amenities:public sidewalk or trail and trail signing.
This Agreement shalt include the Trail area as depicted in Exhibit A and shall be limited .
to the area encompassed within easement Document No. T4868192. The general location and
RESOLUTION NO. 2014-50
width of this Trail are depicted on the attached Exhibit A. Any alteration to the current
horizontal or vertical location of this trail must be approved by the Grantor.
3. Trail Uses and Purposes. This permit agreement is for public 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.
Dated this day of ,2014.
CITY OF BROOKLYN CENTER
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eaaoFrtN Regional Trail Easement and March 11,2014
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- Limited Use Permits 50 ,oa 1 200 Feet ��
RESOLUTION NO. 2014-50
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® PROPOSED EASEMENT - 16,503 SF l P 1 I
CITY OF EASEMENT PROPERTY PARCEL SC-613 EXHIBIT A
BROOKLYN CENTER SHINGLE CREEK TRAIL - PID 0211821310066 &
PUBLIC WORKS - ENGINEERING 0211821310062 MARCH 12, 2014