HomeMy WebLinkAboutItem 06.oLakeville
""NOW
May 14, 2015 Item No.
RELEASE OF DEVELOPMENT CONTRACT
OF OUTLOT D AND F, DONNELLY FARM ADDITION
MAY 18, 2015, CITY COUNCIL MEETING
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to release Outlot D and F
Donnelly Farm Addition from the development contract.
Adoption of this motion will formally release the owner of Outlot D and F Donnelly
Farm Addition from the development contract recorded against the property title.
OVERVIEW
Robert Donnelly owner of Outlots D and F in Donnelly Farm Addition requests that the
development contract be released from the property title of these two lots. The property
was developed by Tollefson Development LLC. 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 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 Outlots D and F, Donnelly Farm Addition 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 2004.
SUPPORTING INFORMATION
0 Aerial Photo Location Map
0 April 28„ 2015, 2015 email requesting the release of the development contract
0 Release of development contract form
David L. Olson, Community and Economic Development Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
(reserved for recording information)
RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted , 2015, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City").
WHEREAS, the City has been requested to release and discharge Outlots D and F,
Donnelly Farm Addition, Dakota County, Minnesota, ("Property") from the following Development
Contracts recorded in the Office of the County Recorder Dakota County, Minnesota, as follows:
• Development Contract for Donnelly Farm Addition dated November 1, 2004, recorded May
9, 2005, as Document No. 2319946;
• Amendment to Development Contract for Donnelly Farm Addition recorded April 21, 2006,
as Document No. 2422065;
• Assignment of Development Contract for Donnelly Farm Addition recorded November 9,
2009, as Document No. 2695313;
• Amendment to Development Contract for Donnelly Farm Addition recorded May 19, 2010,
as Document No. 2731032;
• Amendment to Development Contract for Donnelly Farm Addition recorded June 29, 2011,
as Document No. 2807466; and
• Assignment of Development Contract for Donnelly Farm Addition recorded December 31,
2012, as Document No. 2918576
(collectively referred to herein as "Development Contracts").
181678v1
WHEREAS, all requirements of the Development Contracts have been met as to the
Property and there is no longer a need to have the Development Contracts recorded against the
Property.
NOW THEREFORE, be it resolved by the Lakeville City Council:
The Property is hereby released and discharged from the Development Contracts.
ADOPTED this day of 12015.
CITY OF LAKEVILLE
(SEAL)
AND
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2015, 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
AMP/cjh
2
1816780
Olson, David
From: Glenn Nord <rgnord@frontier.com>
Sent: Tuesday, April 28, 2015 3:26 PM
To: Olson, David
Subject: Release of Developers Agreement
Mr. Olson,
Our client, Robert Donnelly is selling a parcel of real estate to CGS Properties, LLC and the Developers
Agreement by and between the City of Lakeville and Tollefson Development, LLC described as follows shows
up on the title work for said parcel:
Developers Agreement, dated November 1, 2004, filed May 9, 2005 as Document No. 2319946; Amended by
Document No. 2422065, 2731032 and 2807466; Assignment of the Development Contract recorded as
Document No. 2695313 and 2918576.
The legal description for the parcel is: Outlot F, Donnelly Farm Addition, Dakota County, Minnesota. (PID#
22-21195-00-060).
We assume the work has been done, since it has been over 10 years since the dating of the Developers
Agreement, and if so, would the City of Lakeville provide a release pertaining to the same. The Closing on the
property is this Thursday, April 30. We are willing to assist by drafting the Release if this would help.
Would you please call me to discuss the same.
R. Glenn Nord
R. Glenn Nord, P.A.
20686 Holyoke Avenue
P.O. Box 427
Lakeville, MN 55044
952-469-4948
Fax: 952-469-4940
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