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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 By Its By Its '> ' - BASS LAKE RD - `i o ,_ (SC-6A) !, SW250 SW251 j :y (SC-6B) f. t\ A -_ New Limited • Use P�rrnit'" (SC766 new) Of B SW252 (SC-6C) V Q Legend iS Y ,P Limited Use Permit to be Terminated ® New Limited Use Permit Easement to Vacate G9� G- r Three Rivers Park District Public Works Department eaaoFrtN Regional Trail Easement and March 11,2014 csnrex - Limited Use Permits 50 ,oa 1 200 Feet �� RESOLUTION NO. 2014-50 CSAH 10 2545 . f 1050 j nPo 2501 c `E ti r 5 100 ® 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