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HomeMy WebLinkAboutItem 06.v Date: Item No. PARTIAL RELEASE OF DEVELOPMENT CONTRACT LOT 1, BLOCK 1, CREEKSIDE BUSINESS PARK Proposed Action Staff recommends adoption of the following motion: Move to approve the release of development contract recorded against Lot 1 and part of Lot 2, Block 1, Creekside Business Park. Overview K.W Holdings, LLC located at 21486 Humboldt Court, has requested the partial release of the 2005 development contract between the City of Lakeville and the developer of the property, M.W. Johnson Construction, Inc. All requirements of the 2005 development contract have been fulfilled and may be released in accordance with the attached Partial Release of Development Contract form. Adoption of this motion will formally allow a partial release from the Development Contract recorded as Dakota County Document No. 2330401. Primary Issues to Consider • None Supporting Information • Partial release of development contract form Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner December 7, 2020 1 212933v1 PARTIAL RELEASE OF DEVELOPMENT CONTRACT PARTIAL RELEASE OF DEVELOPMENT CONTRACT granted this ______ day of _________________, 2020, by the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”). Recitals WHEREAS, the City and M.W. Johnson Construction, Inc., a Minnesota corporation, entered into a Development Contract for the plat of Creekside Business Park, dated March 24, 2005 and filed for record with the Dakota County Recorder on June 14, 2005 as Abstract Document No. 2330401 (“Development Contract”). WHEREAS, the City has been requested to release and discharge: Lot 1, Block 1, Creekside Business Park, Dakota County, Minnesota And That part of Lot 2, Block 1, Creekside Business Park, lying Westerly of the following described line: Beginning at the northeast corner of said Lot 2; thence South 41 degrees 55 minutes 44 seconds East, assumed bearing, along the easterly line of said Lot 2 a distance of 63.55 feet; thence South 0 degrees 17 minutes 36 seconds West a distance of 228.81 feet to the south line of said Lot 2 and said line there terminating, 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. 1 212933v1 CITY OF LAKEVILLE BY: ______________________________________ Douglas P. Anderson, Mayor (SEAL) AND:____________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2020, 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/smt