HomeMy WebLinkAbout2017-045 CCRMember April Graves introduced the following
resolution and moved its adoption:
RESOLUTION NO. 2017-45
RESOLUTION AUTHORIZING AN AMENDED AND RESTATED
EASEMENT OVER CITY PROPERTY (CRESCENT COVE)
WHEREAS, the City of Brooklyn Center ("City") owns property located at 4107
58thi Ave. N. ("Burdened Property") and that is subject to a reserved easement that provides
access to property located at 4201 58th Ave. N. ("Benefitted Property"); and
WHEREAS, the reserved easement, which is identified as being for highway and
utility purposes, contains the driveway that provides access from 58th Ave. N. across the
Burdened Property to the Benefitted Property; and
WHEREAS, Crescent Cove, as the intended purchaser of the Benefitted Property,
has asked the City to replace the original reserved easement with an amended and restated
easement that is wider to better accommodate parking along the driveway and which makes clear
the Benefited Property owner's obligation to construct certain driveway improvements and to
provide for the on-going maintenance of the driveway; and
WHEREAS, the proposed amended and restated easement would be in
substantially the form as attached to this Resolution; and
WHEREAS, the City Council determines that approving the proposed amended
and restated easement and authorizing its execution once it is in a form acceptable to the City
Manager is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center, Minnesota, that the proposed amended and restated easement is approved and
the Mayor and City Manager are hereby authorized to execute the document on behalf of the
City of Brooklyn Center once it is in final form as determined by the City Manager.
March 27, 2017
Date Mayor
ATTEST: ^<^
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Marquita Butler
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Marquita Butler, April Graves, Dan Ryan
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.