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HomeMy WebLinkAboutItem 06.l Date: Item No. ____ PARTIAL RELEASE OF DEVELOPMENT CONTRACT LOT 1, BLOCK 1, KENRICK CORNER (PORTERHOUSE STEAKHOUSE) Proposed Action Staff recommends adoption of the following motion: Move to approve the partial release of development contract recorded against Lot 1, Block 1, Kenrick Corner. Overview 421 Koehler, Rd, LLP owner of the Porterhouse Steakhouse property are requesting that the underlying development contract assigned to Lot 1, Block 1 Kenrick Corner be released, allowing said development contract to be released from the property title. The City Council approved the final plat and development contract for Kenrick Corner that was recorded on May 4, 2007. Staff has determined that the requirements and obligations of the development contract have been met. The City Attorney drafted the attached release of development contract. Primary Issues to Consider How will the partial release of development contract affect the property? The requirements of the original development contract have been satisfied. Release of the development contract and assessment agreement will free the property title from requirements of the original development contract and assessment agreement approved by the City Council in 2007. Supporting Information • Partial release of development contract • Letter requesting the release of the Lot 1, Block 1, Kenrick Corner Development Contract Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: First Park Lakeville development contract Envision Lakeville Community Values: Diversified Economic Development Report Completed by: David L. Olson, Community and Economic Development Director May 15, 2017 None 1 192490v1 PARTIAL RELEASE OF DEVELOPMENT CONTRACT PARTIAL RELEASE OF DEVELOPMENT CONTRACT granted this ______ day of _________________, 2017, by the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”). Recitals WHEREAS, the City and Kenrick Corner, LLC, a Minnesota limited liability company, entered into a Development Contract for the plat of Kenrick Corner, dated March 19, 2007 and filed for record with the Dakota County Registrar of Titles on May 4, 2007 as Torrens Document No. 610106.1 (“Development Contract”). WHEREAS, the City has been requested to release and discharge Lot 1, Block 1, Kenrick Corner, Dakota County, Minnesota (“Subject Property”) from the Development Contract. WHEREAS, all requirements of the Development Contract have been met as to the Subject Property and there is no longer a need to have the Development Contract recorded against the Subject Property. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Subject Property is hereby released and discharged from the Development Contract. CITY OF LAKEVILLE BY: ______________________________________ Douglas P. Anderson, Mayor (SEAL) AND:____________________________________ Charlene Friedges, City Clerk 2 192490v1 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2017, by Douglas P. Anderson and by Charlene Friedges, 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 Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/cjh