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July 17, 2015 Item No. ______
JULY 20, 2015 CITY COUNCIL MEETING
HERITAGE COMMMONS PARTIAL RELEASE OF DEVELOPMENT CONTRACTS
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve the partial
release of development contracts, release of assessment agreement, and certificate of
completion forms for Heritage Commons and Heritage Commons 2nd, 3rd and 4th
Additions.
Adoption of this motion will provide the property owner with clear title from the
obligations of the Heritage Commons development contracts that are recorded against the
property to facilitate the sale of the property.
OVERVIEW
Representatives of the purchasers of the Heritage Commons commercial development
request that the development contracts and assessment agreement be certified as
complete and released from the property titles. Staff has determined that the developer
has met all requirements and obligations of the development contracts and assessment
agreement. The attached release forms have been prepared by the City Attorney’s office.
PRIMARY ISSUES TO CONSIDER
How will the release of development contracts and assessment agreement affect the
remaining developed and undeveloped properties in Heritage Commons?
◊ The release of the development contracts and assessment agreement will affect only the
lots currently developed within Heritage Commons. Each subsequent future development
phase will require a new plat and development contract. The property is not released from
the PUD provisions of the respective development contracts
SUPPORTING INFORMATION
◊ Partial Release of Development Contract forms
◊ Release of Assessment form
◊ Certificate of Completion form
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: ____________________________
Related Documents (CIP, ERP, etc.): _All phases of the Heritage Commons Development Contracts_____
Notes: _Envision Lakeville Community Values: Diversified Economic Development__________________
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(reserved for recording information)
PARTIAL RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted ______________________, 2015, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City").
WHEREAS, the City and Heritage Commons, LLC, a Minnesota limited liability company
(“Heritage”) have entered into a Development Contract and Planned Unit Development Agreement
dated February 20, 2007, filed for record April 20, 2007 as Document No. 2510996 as amended by
the First Amendment to Development Contract and Planned Unit Development Agreement dated
April 21, 2008, filed for record June 2, 2008, as Document No. 2593984 (collectively referred to
herein as “Heritage Commons 3rd Addition Contract”).
WHEREAS, the City has been requested to release certain property from the Heritage
Commons 3rd Addition Contract;
NOW THEREFORE, be it resolved by the Lakeville City Council:
1. The following property is released from the Heritage Commons 3rd Addition
Contract, except as provided in Paragraph 2 of this release:
Lot 1 Block 1, Heritage Commons 3rd Addition, Dakota County, Minnesota, according to
the recorded plat thereof;
(“Subject Property”).
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2. The Subject Property is not released from the planned unit development provisions
of the Heritage Commons 3rd Addition Contract, including but not limited to, Paragraphs 21 and
Paragraph 30(u) of the Heritage Commons 3rd Addition Contract.
ADOPTED this _____ day of _______________, 2015.
CITY OF LAKEVILLE
BY: _______________________________________
Matt Little, Mayor
(SEAL)
AND ______________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
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182559v1
(reserved for recording information)
PARTIAL RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted ______________________, 2015, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City").
WHEREAS, the City, Heritage Commons, LLC, a Minnesota limited liability company
(“Heritage”) and Lakeville Five, Inc., a Minnesota corporation (“Lakeville Five”) have entered into
a Planned Unit Development/Conditional Use Permit/Development Contract dated September 7,
1999, filed for record January 7, 2000 as Document No. 1664610 (“Heritage Commons Contract”);
WHEREAS, the City has been requested to release certain property from the Heritage
Commons Contract;
NOW THEREFORE, be it resolved by the Lakeville City Council:
1. The following property is released from the Heritage Commons Contract, except as
provided in Paragraph 2 of this release:
Lot 1, Block 1 and Outlot C, Heritage Commons, Dakota County, Minnesota, according to
the recorded plat thereof
Lot 1, Block 1, Heritage Commons 2nd Addition, Dakota County, Minnesota, according to
the recorded plat thereof;
Lot 1 Block 1, Heritage Commons 3rd Addition, Dakota County, Minnesota, according to
the recorded plat thereof;
Lot 1, Block 1, Outlot A, Heritage Commons 4th Addition, Dakota County, Minnesota,
according to the recorded plat thereof;
(“Subject Property”);
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and financial obligations of the Heritage Commons Contract, excluding the planned unit
development and conditional use provisions, Subject Property is hereby released and discharged
from the Heritage Commons Contract, except as provided in Paragraph 2 of this Release.
2. The Subject Property is not released from the planned unit development and
conditional use provisions of the Heritage Commons Contract, including but not limited to,
Paragraph 27E of the Heritage Commons Contract.
ADOPTED this _____ day of _______________, 2015.
CITY OF LAKEVILLE
BY: _______________________________________
Matt Little, Mayor
(SEAL)
AND ______________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
1
182545v1
(reserved for recording information)
PARTIAL RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted ______________________, 2015, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City").
WHEREAS, the City and Heritage Commons, LLC, a Minnesota limited liability company
(“Heritage”) have entered into a Development Contract dated February 3, 2003, filed for record
April 28, 2003 as Document No. 2037854 (“Heritage Commons 2nd Addition Contract”).
WHEREAS, the City has been requested to release certain property from the Heritage
Commons 2nd Addition Contract;
NOW THEREFORE, be it resolved by the Lakeville City Council:
1. The following property is released from the Heritage Commons 2nd Addition
Contract:
Lot 1, Block 1, Heritage Commons 2nd Addition, Dakota County, Minnesota,
according to the recorded plat thereof;
Lot 1 Block 1, Heritage Commons 3rd Addition, Dakota County, Minnesota,
according to the recorded plat thereof;
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ADOPTED this _____ day of _______________, 2015.
CITY OF LAKEVILLE
BY: _______________________________________
Matt Little, Mayor
(SEAL)
AND ______________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
1
182543v1
(reserved for recording information)
PARTIAL RELEASE OF
DEVELOPMENT CONTRACT
RELEASE granted ______________________, 2015, by the CITY OF LAKEVILLE, a
Minnesota municipal corporation ("City").
WHEREAS, the City and Green Planet Holdings, LLC, a Minnesota limited liability
company (“Heritage”) have entered into a Development Contract and Planned Unit Development
Agreement dated August 8, 2008, filed for record April 28, 2009 as Document No. 2653014
(“Heritage Commons 4th Addition Contract”).
WHEREAS, the City has been requested to release certain property from the Heritage
Commons 4th Addition Contract;
NOW THEREFORE, be it resolved by the Lakeville City Council that the following
property is released from the Heritage Commons 4th Addition Contract:
Lot 1, Block 1, and Outlot A, Heritage Commons 4th Addition
ADOPTED this _____ day of _______________, 2015.
CITY OF LAKEVILLE
BY: _______________________________________
Matt Little, Mayor
(SEAL)
AND ______________________________________
Charlene Friedges, City Clerk
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STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
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RELEASE OF ASSESSMENT AGREEMENT
RECITALS:
A. The City of Lakeville, a Minnesota municipal corporation (hereinafter referred to
as "City"), and Lakeville Five, Inc., a Minnesota corporation entered into an Assessment
Agreement dated December 3, 1997 and filed for record with the Dakota County Recorder on
March 2, 1998, as Document No. 1480203 (“Assessment Agreement”);
B. The City has been requested to release the property legally described on Exhibit A
attached hereto (“Subject Property”) from the Assessment Agreement; and
C. The City is satisfied that the terms of the Assessment Agreement have been
satisfied.
NOW THEREFORE, BE IT KNOWN AS FOLLOWS:
The Subject Property is hereby released from the Assessment Agreement.
CITY OF LAKEVILLE
BY: _____________________________________
Matt Little, Mayor
(SEAL)
AND_____________________________________
Charlene Friedges, City Clerk
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TATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
182546v1 3
EXHIBIT A
Parcel 1:
That part of the NE 1/4 of the NW 1/4 of Section 29, Township 114, Range 20, Dakota
County, Minnesota, described as follows:
Commencing at the Northeast corner of said NE 1/4 of the NW 1/4 of Section 29; thence
South 00 degrees 17 minutes 49 seconds East, assumed bearing, along the East line of said
NE 1/4 of the NW 1/4 a distance of 1264.28 feet to the Northerly right-of-way line of
Minnesota Trunk Highway No. 50; thence South 88 degrees 47 minutes 53 seconds West,
along said highway right-of-way line a distance of 625.20 feet to the actual point of
beginning; thence North 00 degrees 17 minutes 49 seconds West, parallel with the East line
of said NE 1/4 of the NW 1/4 a distance of 200.15 feet; thence South 89 degrees 05
minutes 27 seconds West a distance of 374.36 feet; thence North 65 degrees 11 minutes 20
seconds West a distance of 80.00 feet; thence North 38 degrees 40 minutes 44 seconds
West a distance of 68.00 feet to a point on the Easterly extension of the North line of the
property described on Warranty Deed dated September 27,1983, and recorded in the
Dakota County Recorder's Office as Document No. 643428; thence South 89 degrees 17
minutes 08 seconds West a distance of 12.68 feet to the Northeasterly corner of the
property described on said Document No. 643428; thence South 38 degrees 40 minutes 44
seconds East along the Northeasterly line of the property described on said Document No.
643428 a distance of 183.19 feet; thence South 00 degrees 42 minutes 52 seconds East
along the Easterly line of the property described on said Document No. 643428 a distance of
124.97 feet to the Northerly right-of-way line of said Minnesota Trunk Highway No. 50;
thence Easterly along said right-of-way line a distance of 387.80 feet to the actual point of
beginning.
Abstract Property
Parcel 2:
That part of the NE 1/4 of the NW 1/4 of Section 29, Township 114, Range 20, Dakota
County, Minnesota, described as follows:
Commencing at the Northeast corner of said NE 1/4 of the NW 1/4 of Section 29; thence
South 00 degrees 17 minutes 49 seconds East, assumed bearing along the East line of the
said NE 1/4 of the NW 1/4 a distance of 1264.28 feet to the Northerly right-of-way line of
Minnesota Trunk Highway No. 50; thence South 88 degrees 47 minutes 53 seconds West,
along said highway right-of-way line, a distance of 735.70 feet; thence Westerly along the
said highway right-of-way line on a tangential curve to the right having a radius of 1839.86
feet, a distance of 277.30 feet to the actual point of beginning; thence continue Westerly
along the said highway right-of-way line and along the afore described curve to the right
having a radius of 1839.86 feet, a distance of 140.00 feet to the point where said right-of-
way line deflects to the Northwest; thence North 38 degrees 40 minutes 44 seconds West
along said right-of-way line a distance of 157.66 feet to the point where said right-of-way
line deflects to the North; thence North 00 degrees 42 minutes 52 seconds West along said
right-of-way line a distance of 120.00 feet; thence North 89 degrees 17 minutes 08 seconds
East a distance of 121.99 feet; thence South 38 degrees 40 minutes 44 seconds East a
distance of 183.19 feet; thence South 00 degrees 42 minutes 52 seconds East a distance of
124.97 feet to the actual point of beginning, Dakota County, Minnesota.
Abstract Property
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Parcel 3:
Lot 1, Block 1, and Outlot C, Heritage Commons, Dakota County, Minnesota, recorded as
Document No. 1662089 in Book Thirty-Seven of Plats, Page 27
Lot 1, Block 1, Heritage Commons 2nd Addition, Dakota County, Minnesota, recorded as
Document No. 2037852 in Book Forty-Three of Plats, Page 42
Lot 1, Block 1, Heritage Commons 3rd Addition, Dakota County, Minnesota, recorded as
Document No. 2510994 in Book Fifty of Plats, Page 23
Lot 1, Block 1 and Outlot A, Heritage Commons 4th Addition, Dakota County, Minnesota,
recorded as Document No. 2653013 in Book Fifty-Two of Plats, Page 14
Abstract
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CERTIFICATE OF COMPLETION
WHEREAS, the City of Lakeville, Minnesota, a Minnesota municipal corporation ("City"), has
entered into that certain Redevelopment Agreement dated February 17, 1998 and filed for record
with the Dakota County Recorder on November 12, 1998, as Document No. 1550311
("Agreement") with Lakeville Five, Inc., a Minnesota corporation ("Owner"), and Aurora
Investments, LLC, a Minnesota limited liability company ("Redeveloper"); and
WHEREAS, the Agreement provided the redevelopment of a parcel of land as legally
described in Exhibit "A", located at the northeast corner of the intersection of 202nd Street and
Dodd Boulevard; and
WHEREAS, Redeveloper has complied with all terms and conditions of the Agreement;
NOW, THEREFORE, pursuant to Section 4.2 of the Agreement, the undersigned, on behalf of
the City, certify that the Redeveloper has complied with all terms and conditions of the Agreement.
THIS CERTIFICATE SHALL BE CONCLUSIVE DETERMINATION OF THE SATISFACTION AND
TERMINATION OF THE AGREEMENTS AND COVENANTS IN THE AGREEMENT.
Dated: ______________________, 2015.
CITY OF LAKEVILLE
By: _______________________________
Matt Little, Mayor
By:________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ______ day of ____________,
2015, 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 the authority granted by its City Council.
__________________________________
Notary Public
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EXHIBIT A
Parcel 1:
That part of the NE 1/4 of the NW 1/4 of Section 29, Township 114, Range 20, Dakota County,
Minnesota, described as follows:
Commencing at the Northeast corner of said NE 1/4 of the NW 1/4 of Section 29; thence South 00
degrees 17 minutes 49 seconds East, assumed bearing, along the East line of said NE 1/4 of the
NW 1/4 a distance of 1264.28 feet to the Northerly right-of-way line of Minnesota Trunk Highway
No. 50; thence South 88 degrees 47 minutes 53 seconds West, along said highway right-of-way
line a distance of 625.20 feet to the actual point of beginning; thence North 00 degrees 17 minutes
49 seconds West, parallel with the East line of said NE 1/4 of the NW 1/4 a distance of 200.15 feet;
thence South 89 degrees 05 minutes 27 seconds West a distance of 374.36 feet; thence North 65
degrees 11 minutes 20 seconds West a distance of 80.00 feet; thence North 38 degrees 40 minutes
44 seconds West a distance of 68.00 feet to a point on the Easterly extension of the North line of
the property described on Warranty Deed dated September 27,1983, and recorded in the Dakota
County Recorder's Office as Document No. 643428; thence South 89 degrees 17 minutes 08
seconds West a distance of 12.68 feet to the Northeasterly corner of the property described on said
Document No. 643428; thence South 38 degrees 40 minutes 44 seconds East along the
Northeasterly line of the property described on said Document No. 643428 a distance of 183.19
feet; thence South 00 degrees 42 minutes 52 seconds East along the Easterly line of the property
described on said Document No. 643428 a distance of 124.97 feet to the Northerly right-of-way
line of said Minnesota Trunk Highway No. 50; thence Easterly along said right-of-way line a
distance of 387.80 feet to the actual point of beginning.
Abstract Property
Parcel 2:
That part of the NE 1/4 of the NW 1/4 of Section 29, Township 114, Range 20, Dakota County,
Minnesota, described as follows:
Commencing at the Northeast corner of said NE 1/4 of the NW 1/4 of Section 29; thence South 00
degrees 17 minutes 49 seconds East, assumed bearing along the East line of the said NE 1/4 of the
NW 1/4 a distance of 1264.28 feet to the Northerly right-of-way line of Minnesota Trunk Highway
No. 50; thence South 88 degrees 47 minutes 53 seconds West, along said highway right-of-way
line, a distance of 735.70 feet; thence Westerly along the said highway right-of-way line on a
tangential curve to the right having a radius of 1839.86 feet, a distance of 277.30 feet to the actual
point of beginning; thence continue Westerly along the said highway right-of-way line and along
the afore described curve to the right having a radius of 1839.86 feet, a distance of 140.00 feet to
the point where said right-of-way line deflects to the Northwest; thence North 38 degrees 40
minutes 44 seconds West along said right-of-way line a distance of 157.66 feet to the point where
said right-of-way line deflects to the North; thence North 00 degrees 42 minutes 52 seconds West
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along said right-of-way line a distance of 120.00 feet; thence North 89 degrees 17 minutes 08
seconds East a distance of 121.99 feet; thence South 38 degrees 40 minutes 44 seconds East a
distance of 183.19 feet; thence South 00 degrees 42 minutes 52 seconds East a distance of 124.97
feet to the actual point of beginning, Dakota County, Minnesota.
Abstract Property
Parcel 3:
Lot 1, Block 1, and Outlot C, Heritage Commons, Dakota County, Minnesota, recorded as
Document No. 1662089 in Book Thirty-Seven of Plats, Page 27
Lot 1, Block 1, Heritage Commons 2nd Addition, Dakota County, Minnesota, recorded as
Document No. 2037852 in Book Forty-Three of Plats, Page 42
Lot 1, Block 1, Heritage Commons 3rd Addition, Dakota County, Minnesota, recorded as
Document No. 2510994 in Book Fifty of Plats, Page 23
Lot 1, Block 1 and Outlot A, Heritage Commons 4th Addition, Dakota County, Minnesota,
recorded as Document No. 2653013 in Book Fifty-Two of Plats, Page 14
Abstract