HomeMy WebLinkAboutItem 06.gLakeville
January 18, 2013
Item No.
HOM FURNITURE RELEASE OF DEVELOPMENT CONTRACT
JANUARY 22, 2013 CITY COUNCIL MEETING
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve the release
of development contract and assessment agreement recorded against Lot 1, Block
1 and Outlot B, Hom Furniture Addition
Adoption of this motion will formally release the property owner from the
development contract and assessment agreement recorded against the property title.
OVERVIEW
HOM Furniture, owner of Lot 1, Block 1 and Outlot B, Hom Furniture Addition
requests that the existing development contract and assessment agreement recorded
against the property be released from the property title. Staff has determined that
the developer has met all requirements and obligations of the development contract
and assessment agreement. A partial release of the development contract was
approved by the City Council in 2002. The City Attorney drafted the attached release
of development contract and assessment agreement.
PRIMARY ISSUES TO CONSIDER
How will the release of contracts affect the property?
The performances required under the original development contract and assessment
agreement have been satisfied. Release of the development contract and assessment
agreement will free the property title from requirements of the original development
contract and assessment agreement approved by the City Council in 2001.
SUPPORTING INFORMATION
0 Release of development contract form.
0 January 3, 20 email requesting the release of the development contract.
Frank Dempsey, AICP, A socia Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): HOM Furniture Addition development contract
Notes:
(reserved for recording information)
RELEASE
RELEASE granted January , 2013, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ( "City ").
WHEREAS, the City entered in a Development Contract dated February 14, 2001,
for the plat of Hom Furniture, recorded June 5, 2001, as Document No. 1780145 with the
office of the Dakota County Recorder; and
WHEREAS, Exhibit "B" to the Development Contract is a Special Assessment
Agreement; and
WHEREAS, the City entered in an Addendum to the Development Contract dated
August 6, 2001, recorded August 15, 2001, as Document No. 1802212 with the office of
the Dakota County Recorder; and
WHEREAS, the City approved a Partial Release of the Development Contract
( "Partial Release ") dated October 7, 2002, recorded November 12, 2002, as Document
No. 1957829 with the office of the Dakota County Recorder; and
WHEREAS, the City has been requested to release and discharge Lot 1, Block 1
and Outlot B, Hom Furniture Addition from the Development Contract, Addendum, Partial
Release and Special Assessment Agreement ( "Subject Property ").
NOW THEREFORE, be it resolved by the Lakeville City Council:
The Subject Property is released and discharged from the Development
Contract, Addendum, Partial Release and Special Assessment Agreement.
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ADOPTED this day of January, 2013.
CITY OF LAKEVILLE
Matt Little, Mayor
AND:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of January,
2013, by Matt Little and by Charlene Friedges, respectively the Mayor and City Clerk, of
the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
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Dempsey, Frank
From: Richard C. Salmen <RSalmen @Felhaber.com>
Sent: Thursday, January 03, 2013 2:41 PM
To: Dempsey, Frank
Cc: rknutson @ck- law.com; RKloiber @homfurniture.com
Subject: RE: HOM Furniture Contract Release
Mr. Dempsey,
The Partial Release of Development Contract was recorded in the Office of the Dakota County Recorder on 11/12/02 as
Document No. 1957829. The Partial Release document references the recording information for the Development
Contract itself as well as for the Addendum to the Development Contract. If you need anything further on this, please let
III "M 71 MOL
Thanks you for your willingness to provide a full release of the Development Contract (as well as the corresponding
Assessment Agreement).
Rick Salmen