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Home My WebLink AboutItem 06.hZ P57N!9M � 1 _ 7te January 31, 2014 FEBRUARY 3, 2014 CITY COUNCIL MEETING RELEASE OF DEVELOPMENT CONTRACT PROPOSED ACTION Item No. Staff recommends adoption of the following motion: Move to approve the release of the development contract recorded against Lot 1, Block 1, Lakeville Commerce Center. Adoption of this motion will formally release the property owner from the development contract recorded against the property title for Lot 1, Block 1, Lakeville Commerce Center. OVERVIEW A representative of the business owner proposing to purchase the property has requested that the development contract against this lot be released from the property title. Staff has determined that the developer has met all requirements and obligations of the development contract approved in 1988 for Lot 1, Block 1. The City Attorney has reviewed and approved the draft development contract release form in preparation for the signatures of the Mayor and City Clerk. The City Council approved a conditional use permit on December 16, 2013 to allow the development of a SuperAmerica gas and convenience store with a car wash on this property. PRIMARY ISSUES TO CONSIDER How will the release of development contract affect the remaining undeveloped parcels in Lakeville Commerce Center? 0 The release of the development contract will not affect the contract in place with the remaining undeveloped lots and outlots in Lakeville Commerce Center. SUPPORTING INFORMATION 0 Release of development contract form. 0 E -mail requesting the release of the development contract. 0 Lakeville Commerce Center final plat. C(iLC Frank Dempsey, AICP, A sociate,41anner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Return to: Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 RELEASE OF DEVELOPMENT CONTRACT BY THE CITY OF LAKEVILLE The City of Lakeville certifies that it is a party to and beneficiary of that certain Development Contract dated November 7, 1988, by and between the City of Lakeville and Lakeville Land, Ltd., filed with the Office of the County Recorder for Dakota County on November 24, 1989, as Document No. 914126, and has the right to release the same, and hereby releases from the lien of the above described Development Contract the following described real property located Dakota County, Minnesota (the "Property"): Lot 1, Block 1, Lakeville Commerce Center, according to the recorded plat thereof. The requirements of the Development Contract have been met and the Development Contract is terminated with respect to the Property. Dated this day of January, 2014. CITY OF LAKEVILLE By: By: Name: Name: Its: Its: STATE OF MINNESOTA )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of January, 2014, by the , and the , of the City of Lakeville, a municipal corporation, on behalf of the City of Lakeville. Notary Public This instrument was drafted by: Stinson Leonard Street (JRW) 150 S. 5' St., Suite 2300 Minneapolis, MN 55402 10484246v1 Dempsey, Frank From: William Cooley <coo13003 @bellsouth.net> Sent: Wednesday, January 15, 2014 6:13 PM To: Dempsey, Frank Cc: Tom Noble; 'Jim Grobe; Jonathan Adam; meck @crimail.com Subject: FW: Lakeville Commerce Center Development contract Frank Dempsey, City of Lakeville Frank, Please be advised that Lakeville Land, Ltd., agrees with the request of 210 Lakeville, LLC, to release the development contract. If you have any questions, please feel free to call me at 561 - 758 -8787. Thank you. Lakeville Land, Ltd. ?Gftl%WM 0. &dev William O. Cooley, Managing Member of General Partner From: JM Grobe [mailto:buysell @att.net] Sent: Wednesday, January 15, 2014 6:22 PM To: cool3003 @bellsouth.net Cc: Jonathan Adam; Tom Noble Subject: FW: Lakeville Commerce Center Development contract Bill, Please see the attached regarding a request f rom Tom Noble to the City of Lakeville and the city's response. Jim 952- 944 -1100 From: Tom Noble [ mailto:tnoble @westreinc.com Sent: Wednesday, January 15, 2014 3:55 PM To: 'IM Grobe' Subject: FW: Lakeville Commerce Center Development contract Jim, we'll need Mr. Cooley to help with the following. No big deal; just a clean -up item. From: Dempsey, Frank fmailto :fdempsey @lakevillemn.gov Sent: Wednesday, January 15, 2014 3:49 PM To: Tom Noble Subject: RE: Lakeville Commerce Center Development contract Mr. Noble, A detail to share with you, but an important one. Since 210 Lakeville LLC does not yet own the property, you will have to get the current owner to send an email to me stating he agrees with your request to release the development contract. Also, do you have a current title commitment you can send to me? That would speed things up considerably. Frank Dempsey, AICP, Associate Planner City of Lakeville 120195 Holyoke Avenue I Lakeville, MN 55044 Office: 952 - 985 -4423 ( Fax 952- 985 -4499 1 www.lakevillemn.aov Lakeville, Minnesota — Positioned to Thrive 19 The tiforindtion eontaned rn this tian;r,is wr including any attached documentatieit indy Le privileged and confiaertal It , intended roily for the a =e of the it d,viddal or entity named above If the readci of this message is not the intended rc, [,ioiit, y ou aie heiehy ',ot,i d '.hat and dns2 mination, dCttibutinn r of thiit communication is, strictly piohibited If you hake receivcd ni rrror, plr�,Se i)utf, the City of lcvevi' :e immediately by ieplying to I entail From: Tom Noble [mailto:tnoble@westreinc.com] Sent: Wednesday, January 15, 2014 3:10 PM To: Dempsey, Frank Cc: 'Fox, Gina'; 'Dennis Cornelius'; 'Erik Peterson' Subilect: Lakeville Commerce Center Development contract Mr. Dempse I am the managing partner for 210 Lakeville LLC, the buyer of Lot 1 Block 1 Lakeville Commerce Center and that part taken by Dakota County Road Right -of- Way Map No. 300 & 300A according to the recorded plat thereof. We request that the city council review and approve a parcel release of the development contract dated November 7, 1988 by and between the City of Lakeville and Lakeville Land, Ltd. Filed with the Office of the County Recorder for Dakota County on November 24, 1989, as Document No. 914126. Please verify your receipt of this request by return email; then, I will forward the $300 check in favor of the City of Lakeville to you. Thanks for your help! TN WESWSTATE Thomas Noble President 1660 Highway 100 Suite #105 Saint Louis Park, Minnesota 55416 Email: tnoble @westreinc.com Office: (952)224 -2500 Cell: (612)636 -2087 tl E r i g • �` D f �# Y • a NDM Nwi�liru e0 6••1 �I•euna�6•e Ti.,T��.1, �5•e 23, TIH,A 21 :– SHA '1CG�� •'B•c 0•c 2aT q,a i A2,IO•N•hC .. 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