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, .. . , ( .. . ~. f r . , . . RESOLUTION NO. 1968 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION APPROVING RAMSEY COUNTY PROPOSAL TO ACQUIRE OPEN SPACE PROPERTY ALONG RICE CREEK IN NORTHEAST AREA OF CITY WHEREAS, Ramsey County proposes to acquire fee title to property within the City of New Brighton for County Open Space, such property being described in the attached Exhibit A which Exhibit is hereby made a part of this resolution as if fully set forth herein, and WHEREAS, Ramsey County proposes to acquire a scenic easement for open space purposes over the property described in the attached Exhibit B which Exhibit is hereby made a part of this resolution as if fully set forth herein, and WHEREAS the Council of the City of New Brighton after reviewing the proposal concurs with the County proposal NOW THEREFORE BE IT RESOLVED by the Council of the City of New Brighton, That the County proposal to acquire the above described property for County Open Space be and is hereby approved with the following stipulations; l. That Ramsey County give New Brighton any easements over the land needed for utilities including sanitary sewer, storm sewer, water and cable TV. 2. That Ramsey County give New Brighton a 60' wide street easement within the east 200' of the proposed County open space, such easement to run from County Road H on the north to the property on the south which is remaining in the ownership of Richard Miller, the exact location of such easements to be determined in the future by the City of New Brighton. 3. That all assessments pending or outstanding be paid and tha t th is resolution in no way waives the city's right to recover costs for diseased tree removal against the property or parties involved in this land acquisition. 4. That any program of the New Brighton Department of Parks and Recreation would be permitted use of the land so long as use is reasonable and complies with designed use of Ramsey County Open Space. 5. That no alterations or modification to the existing geography of land and water take place without New Brighton City Council approval. BE IT FURTHER RESOLVED that approval of such acquisition in no way constitutes approval of any particular development plan for the portions of the existing parcel which will not be acquired by Ramsey County. .