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HomeMy WebLinkAboutItem 06.mOctober 2, 2014 Item No. BRUNSWICK ZONE RELEASE OF DEVELOPMENT CONTRACT OCTOBER 6, 2014 CITY COUNCIL MEETING PROPOSED ACTION Staff recommends adoption of the following motion: Move to approve the release of development contract recorded against Lot 1, Block 1, Kent 46 Addition. Adoption of this motion will formally release the property owner from the development contract recorded against the property title. OVERVIEW As part of the sale of Brunswick Zone, the owner of Lot 1, Block 1 Kent 46 Addition is requesting that the existing development contract recorded against the property be released from the property title. Staff has determined that the original developer has met all requirements and obligations of the development contract. The City Attorney drafted the attached release of development contract. PRIMARY ISSUES TO CONSIDER How will the release of contracts affect the property? The performances required under the original development contract have been satisfied. Release of the development contract will free the property title from requirements of the original development contract approved by the City Council in 2007. SUPPORTING INFORMATION 0 Release of development contract form. 0 September 5, 2014 letter requesting the release of the Development Contract. 6a-vii- vl L. Olson, Community Economic and Development Director Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Kent 46 Development Contract Notes: �BR UN5Vv'l C K September 5, 2014 VIA OVERNIGHT DELIVERY Mr. David Olson Community and Economic Development Director City of Lakeville, Minnesota 20195 Holyoke Ave. Lakeville, MN 55044 Dear Dave: :Michael R. Ascher Corporate Counsci Director. Commercial lk,:al EsIdLe Re: Development Contract BZ Lakeville, 11129 163rd Street West, Lakeville, MN Per our conversation this week, we hereby request written confirmation from the City of Lakeville that the terms and obligations under that certain Development Contract dated November 19, 2007, by and between the City of Lakeville and EFH Co., recorded in the Office of the County Recorder of Dakota County, Minnesota, on December 18, 2007, as Document No. 2561976. Please let me know if you need any further information. Enclosed please find a check to the City of Lakeville, MN in the amount of $300.00 in connection with the processing of this request. Sincerely, '-'� a'-��- Michael R. Ascher Enclosures cc (via email/w/o enclosure): Jacqueline Hairston, Esq. Brum)%ick ( orporatwn i `. Field i ourt Lake Forest, IL 60045 Telephone 84'.'35.4533 Facsimile 84'.735.1330 Jnr i.e,auher'k,brt nsx ick.cum (reserved for recording information) RELEASE OF DEVELOPMENT CONTRACT RELEASE granted , 2014, by the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"). WHEREAS, the City has been asked to release and discharge Lot 1, Block 1, Kent 46, Dakota County, Minnesota ("Subject Property') from a recorded Development Contract. NOW THEREFORE, be it resolved by the Lakeville City Council: The Subject Property is released and discharged from the Development Contract for Kent 46 dated November 19, 2007 and recorded December 18, 2007 as Document No. 2561976 in the Office of the Dakota County Recorder. ADOPTED this day of , 2014. (SEAL) 178475v1 CITY OF LAKEVILLE MM 6 Matt Little, Mayor Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2014, by Matt Little and 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 the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 RNK/cjh 2 178475vi