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HomeMy WebLinkAboutResolution 2020-39 Authorizing Execution of Notice of Acceptance of Bridle Path 5-18-20City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-39 Motion By: Dejewski Seconded By: Schultz May 28, 2020 A RESOLUTION AUTHORIZING THE MAYOR AND ADMINISTRATIVE SERVICES DIRECTOR TO EXECUTE ON BEHALF OF THE CITY A NOTICE OF ACCEPTANCE OF BRIDLE PATH, F.K.A. WHITE TAIL TRAIL WHEREAS, White Tail Trail previously provided access to three parcels in the City of Corcoran (the "City"): Lots 3, 4, and 5 (respectively), Block 1, Farrell Addition (the "Properties"); and WHEREAS, the Properties are accessed through the Ravinia development and White Tail Trail was platted within the property developed as a part of Ravinia; and WHEREAS, White Tail Trail was not platted as a dedicated public road and was encumbered by multiple driveway use/maintenance agreements between the applicable property owners and the City, which guaranteed the owners of the Properties use of the same to access the Properties until such access was replaced by a dedicated and accepted public road access, at which time such agreements could be removed from the title of the Ravinia property (the "Driveway Agreements"); and WHEREAS, as a condition of the City's approval of the preliminary plat for Ravinia in 2013, the City required that the access to County Road 101 be eliminated and the existing cul de sac be platted as public right-of-way and a new public access be provided; and WHEREAS, when the final plat for Ravinia was approved in 2014, White Tail Trail was re -platted as a part of Outlot C, Ravinia, and was later re -platted in 2016 within Ravinia 4th Addition; and WHEREAS, the City's approval of Ravinia 4th Addition conditioned that approval on White Tail Trail being platted as public right-of-way, at which time White Tail Trail was re -named Bridle Path, was dedicated as public right-of-way, and was later constructed to City standards by Ravinia developer U.S. Home Corporation, a Delaware corporation, d/b/a Lennar ("Lennar"); and WHEREAS, with the exception of a few minor punch list items, construction of Bridle Path is complete and Lennar desires to remove the Driveway Agreements from the title to the property developed as Ravinia; WHEREAS, Lennar has been informed by the Hennepin County Examiner that documentation of the City's acceptance of Bridle Path as a public road is required before the Driveway Agreements can be removed from title and Lennar now requests that the City endorse the Notice of Acceptance of the same as a public road, and WHEREAS, City staff is supportive of the request as Staff have determined that only minor punch list items remain to complete Bridle Path and sufficient letter of credit funds are in the City's possession to complete this work, in the event it is not completed by Lennar; and WHEREAS, the City has included language in the notice of acceptance clarifying Lennar's continuing obligation to maintain posted security with the City until such punch list items are complete and reserving the City's right to access such security pursuant to the City's development agreement with Lennar, in the event of non-compliance. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-39 May 28, 2020 NOW, THEREFORE, BE IT RESOLVED, that the City Council of Corcoran hereby approves the attached Notice of Acceptance related to Bridle Path, f.k.a. White Tail Trail, accepts the same as a public right-of- way conditioned upon the terms of said Notice, and hereby authorizes the Mayor and Administrative Services Director to execute the Notice of Acceptance of Bridle Path, f.k.a. White Tail Trail. VOTING AYE ® Thomas, Ron ® Anderson, Tom ® Bottema, Jonathan ® Dejewski, Brian ® Schultz, Alan VOTING NAY ❑ Thomas, Ron ❑ Anderson, Tom ❑ Bottema, Jonathan ❑ Dejewski, Brian ❑ Schultz, Alan Whereupon, said Resolution is hereby declared adopted on this 28t'' day of May 2020. Ron Thomas -Mayor ATTEST: City Seal sica Beise Administrative Services Director Page 2 of 2