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HomeMy WebLinkAbout2020-112 CCRMember Graves introduced the following resolution and moved its adoption. RESOLUTION NO. 2020-112 A RESOLUTION RATIFYING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR BROOKLYN CENTER EDA FIRST ADDITION AND AUTHORIZING FINAL PLAT RECORDING WHEREAS, the City of Brooklyn Center ("the Applicant") submitted an application for approval of a plat to be titled BROOKLYN CENTER EDA FIRST ADDITION, which would re - plat approximately 3.1 acres of land that includes a portion of Registered Land Survey No. 0040, ennepin County, Minnesota; and lands contained within Auditor' Hs Subdivision No. 216, Hennepin County, Minnesota, and under varying ownership by the City of Brooklyn Center, Economic Development Authority of Brooklyn Center, and Robb' School District No. 281, as well as the dedication of certain right -of --way; and WHEREAS, these requests arose from infrastructure improvements that took place under the Phase I Brooklyn Boulevard reconstruction and modernization project, which resulted in the re -alignment of the Brooklyn Boulevard Frontage Road in the vicinity of 55th Avenue North to reduce confusion, congestion, and allow for improved stacking distances for motorists eastbound on 55th Avenue North; and WHEREAS, the Planning Commission heard this matter under Planning Commission Application No. 2019-016 on November 14, 2019 and, after the public hearing, acted to forward the application to the City Council with a recommendation that it approve the preliminary and Final plat for BROOKLYN CENTER EDA FIRST ADDITION; and WHEREAS, on November 25, 2019, the City Council adopted Resolution No. 2019-167 to approve the preliminary and final plat with certain conditions; and WHEREAS, Section 15405.A.4 of the City Code of the City of Brooklyn Center indicates that a final plat must be recorded with the County within 30 days from the date of approval or the approval of the final plat shall be considered voids and WHEREAS, the recording of BROOKLYN CENTER EDA FIRST ADDITION was delayed as the City of Brooklyn Center worked through the acquisition of a 0.03 acre tax forfeited parcel and quiet title action to allow the Registrar of Titles to cancel the old certificate in favor of a new one; and WHEREAS, the City Council determines that requiring the Applicant to go through the entire plat approval process when there have been no changes to the approved plat is not in the public interest and is willing to ratify its earlier approval to allow the plat to be recorded without further process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the approval of the preliminary and final plat of BROOKLYN CENTER EDA FIRST ADDITION is hereby ratified, and authorization to record the final plat may occur subject to the following conditions. 1. The conditions established in the original approvals as outlined under City Council Resolution No. 2019-167 remain in effect; 2. Prior to recording, the Applicant shall provide the City updated evidence of title satisfactory to the City Attorney and City Planner. November 23, 2020 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon Ryan vote being taken thereon, the following voted in favor thereof. Butler, Elliott, Graves, Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.