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HomeMy WebLinkAboutItem 06.eNovember 21, 2011 Item No. RESOLUTION TERMINATING PLANNED UNIT DEVELOPMENT / CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 8235 220 STREET Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution terminating a Planned Unit Development / Conditional Use Permit for property located at 8235 220 Street. Overview The property in question is the former Berry Plastics plant located in Airlake Industrial Park. Berry closed the plant in 2010 and put the property up for sale. Genpak LLC which has a small plastics manufacturing operation in Airlake along with a much larger plant in Bloomington recently reached an agreement to purchase the property. This acquisition will allow Genpak to consolidate both of these operations in the former Berry plant and will bring more than 100 new jobs to Lakeville. In 1984 when the Berry plant was owned by a company called Star -Tex. The City approved an administrative subdivision of the property that divided the property into two parcels. This was done to facilitate the financing of a major expansion that was being constructed at that time. Since that time the property has changed ownership several times and the two parcels have been combined into one. This eliminates the need for the Planned Unit Development / Conditional Use Permit. As a condition of closing on the sale of the property, the title company has requested that the Planned Unit Development / Conditional Use Permit be terminated to clean up the title for the property. Staff recommends approval of the attached resolution prepared by the City Attorney to terminate the original Planning Unit Development / Conditional Use Permit approved in 1984. Supporting Information • Resolution Terminating Planned Unit Development / Conditional Use Permit 'Dabid`L - Olsorr Community and Economic Development Director Financial Impact: Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ATTEST: Charlene Friedges, City Clerk 160905v01 RNK:11 /09/2011 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION TERMINATING PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT WHEREAS, a planned unit development conditional use permit for the property described on the attached Exhibit "A" ( "Subject Property ") was approved by the City Council by Agreement dated June 26, 1984, and recorded on July 10, 1984 as Document No. 659317 with the Office of County Recorder, Dakota County, Minnesota (hereinafter referred to as the "Conditional Use Permit "); WHEREAS, the Owner of the Subject Property has requested that the Conditional Use Permit be terminated. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: 1. The Conditional Use Permit is terminated and the Subject Property is hereby irrevocably released from the terms of the Conditional Use Permit. 2. The City shall record this document with the Office of the County Recorder, Dakota County, Minnesota. DATED this day of , 2011. CITY OF LAKEVILLE By: Mark Bellows, Mayor 1 Containing 12.50 acres more or less. STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) 160905v01 RNK: 11 /09/2011 EXHIBIT "A" Legal Description of Subject Property That part of the Southwest Quarter of Section 33, Township 114 North, Range 20 West, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section; thence S0 °09'E (assumed bearing) along the west line of the Southwest Quarter of said Section 1618.25 feet; thence N89 °20'45 "E along a line which when extended easterly would intersect the northwest corner of Lot 5, Block 3 of Airlake Industrial Park 1 Addition, a distance of 1120.00 feet to the point of beginning of the tract to be described herein; thence S0 °09'E, parallel with the west line of the Southwest Quarter of said Section 664.26 feet; thence S63 °09'55 "E 731.53 feet to the west line of said Airlake Industrial Park 1 Addition; thence North, along said west line, 1001.96 feet to the northwest corner of Lot 5, Block 3 of said Airlake Industrial Park 1 Addition; thence S89 °20'45 "W 654.54 feet to the point of beginning. Subject to a road easement over the south 33 feet for 220 Street, railroad easement over the north 10 feet for the main line spur for the Minneapolis, Northfield and Southern Railroad, easements of record, if any, and the covenants and restrictions of Airlake Industrial Park. I hereby certify that the foregoing Resolution No. 11- is a true and correct copy of the resolution presented to an adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 21 day of November, 2011, as shown by the minutes of said meeting in my possession. 2 Charlene Friedges, City Clerk (SEAL)