HomeMy WebLinkAboutItem 06.et
Lakeville
August 14, 2013
RELEASE OF DEVELOPMENT CONTRACT
AUGUST 19, 2013 CITY COUNCIL MEETING
PROPOSED ACTION
Item No.
Staff recommends adoption of the following motion: Move to release Lot 1, Block 1,
Progressive Rail First Addition from the development contract.
Adoption of this motion will formally release the owner of Lot 1, Block 1, Progressive Rail
First Addition from the development contract recorded against the property title.
OVERVIEW
The legal representative of Minnwest Bank Metro, the seller of Lot 1, Block 1, Progressive
Rail First Addition requests that the development contract for Progressive Rail First Addition
be released from the property title of that lot. The property was previously occupied by CH
Carpenter lumber and is now being purchased by Boise Cascade Company. Staff has
confirmed that the developer has met all requirements and obligations of the development
contract. The City Attorney drafted the attached release of development contract for the
signatures of the Acting Mayor and City Clerk.
PRIMARY ISSUES TO CONSIDER
How will the release of contract affect the property?
The performances required under the original development contract have been satisfied. Release
of Lot 1, Block 1 Progressive Rail FirstAddition from the development contract will free the
property title from the financial obligations imposed in the original development contract
approved by the City Council in 1998.
SUPPORTING INFORMATION
0 Aerial Photo Location Map
0 August 1, 2013 email requesting the release of the development contract
0 Release of development contract form
—: ZU4- Zillv
Frank Dempsey, AICP, As ociate anner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 819 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 8/6/2013
Dempsey, Frank
From:
Anne K. Stoudt <anne @aj- law.com>
Sent:
Thursday, August 01, 2013 1:01 PM
To:
Dempsey, Frank
Cc:
Nick Jellum
Subject:
Termination of Development Contract
Attachments:
Development Contract 6- 6- 98.pdf
Frank:
As we have discussed, we are assisting Minnwest Bank Metro in the sale of the property located at 21575 Highview
Avenue, in Lakeville. In that regard, we need to obtain a termination from the City of Lakeville with respect to the
attached Development Contract, between the City of Lakeville and Empire Building Investments, Inc., dated June 6, 1998,
and recorded in Dakota County as an encumbrance on the property.
Per your request, we will have the bank send you payment in the amount of $200.00, for necessary costs related to
obtaining the termination. Please confirm receipt of this email, and let me know if there is anything else you need from
US.
Thanks.
ANNE K. STOUDT
Attorney at Law
14985 60` Street North
Stillwater, MN 55082
Direct Phone and Fax (651) 332 -8330
General Phone (651) 439 -2951
General Fax (651) 439 -1417
Annea,,AJ- Law.com www.AJ- Law.com
au ANASTAST JELLUM
This is a communication from a law firm and may contain privileged and confidential information. If the reader of this message is not the intended recipient, please
immediately notify us at (651) 439 -2951 and delete the E -mail without reading it or any attachments. Unless the text indicates otherwise, this E -mail shall not be
deemed legal advice, nor shall the relationship of Attorney /Client be established as a result of this E -mail correspondence. If this communication concerns negotiation
of a contract or agreement, the Uniform Electronic Transactions Act ( "UETA ") does not apply to this communication. To comply with IRS requirements, you are
informed that any tax advice contained in this communication (including any attachments) cannot be used for the purpose of avoiding tax- related penalties under the
Internal Revenue Code.
A Be eco- friendly. Please don't print this a -mail unless truly necessary
RELEASE OF
DEVELOPMENT CONTRACT
RELEASE OF DEVELOPMENT CONTRACT granted this day of
2013, by the CITY OF LAKEVILLE, a Minnesota municipal corporation
( "City ").
Recitals
A. The City and Empire Builder Investments Inc., a Minnesota corporation, entered
into a Development Contract dated June 6, 1998, for the plat of PROGRESSIVE RAIL FIRST
ADDITION, recorded July 31, 1998 as Document No. 1521548 with the Office of the Dakota
County Recorder.
B. The City has been requested to grant a release for Lot 1, Block 1, Progressive Rail
First Addition.
C. The Development Contract authorizes the City to release lots and outlots from the
Development Contract.
NOW THEREFORE, BE IT RESOLVED by the City of Lakeville, Minnesota:
With the exception of levied and pending special assessments, if any, Lot 1, Block 1, Progressive
Rail First Addition is released and discharged from the Development Contract dated June 6, 1998,
recorded July 31, 1998, as Document No. 1521548 with the Office of the Dakota County Recorder.
Dated this day of , 2013.
1717s9vi I
CITY OF LAKEVILLE
II
Kerrin Swecker, Acting Mayor
(SEAL)
AND:
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2013, by Kerrin Swecker, Acting Mayor and by Charlene Friedges, City Clerk
of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, Minnesota 55121
Telephone: 612- 452 -5000
RNK/cjh
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