HomeMy WebLinkAbout2014-051 CCR Member Lin Myszkowski introduced the followin g resolution and moved
its adoption:
RESOLUTION NO. 2014-51
RESOLUTION AUTHORIZING TERMINATION OF TRAIL AGREEMENTS
BETWEEN THE CITY OF BROOKLYN CENTER AND THREE RIVERS PARK
DISTRICT, HENNEPIN COUNTY,MINNESOTA
WHEREAS, the City approved Limited Use Permit Agreements for Public Trail Ways
on February 28,2011,for two sections of 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 as part of that recent development;and
WHEREAS, certain Agreements for the old trail must be terminated;and
WHEREAS, the Agreements proposed to be terminated are identified as follows and
are hereafter referred to as"the Agreements":
• Limited Use Permit Agreement for Public Trail Way as depicted and described in
the attached parcel exhibit SC-6A
• Limited Use Permit Agreement for Public Trail Way as depicted and described in
the attached parcel exhibit SC-6C
WHEREAS, the City Council has determined that the Agreements will no longer be
needed and have been replaced, and it is in the public interest to terminate the Agreements.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota,that:
1. The City Council hereby approves the termination of the Agreements described
above and depicted in the attached exhibits.
2. The Mayor and City Manager are authorized to execute the Termination of
Agreement for each of the two Limited Use Permits.
Aril 14 2014
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 , 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.2014-51
TEP24INATION OF AGREEMENT
This termination of agreement is made by and between the City of Brooklyn Center,Minnesota, a
Minnesota municipal corporation ("City"), and the Three Rivers Park District, a political
subdivision of the State of Minnesota("TRPD").
RECITALS
A. By agreement dated February 28, 2011 and entitled Limited Use Permit Agreement for
Public Trailway (Parcel SC-6A) (the "Limited Use Permit Agreement"), the City granted
TRPD certain rights for construction,maintenance and operation of a regional trail("Trail").
B. The parties have agreed to relocate the Trail and have provided for rights to construction,
maintenance and operation of a trail in a different location by separate agreement and
therefore wish to terminate the Limited Use Permit Agreement.
AGREEMENT
1. The Limited Use Permit Agreement is hereby terminated and is of no further force or effect.
Dated this day of ,2014.
{
CITY OF BROOKLYN CENTER
By:
Its Mayor
And by:
Its Manager
THREE RIVERS PARK DISTRICT
By:
Its
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Three Rivers Park District Public Works Department
OOKr fW Regional Trail Easement and March 11,2014
CENTEIP
200 Feet
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