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HomeMy WebLinkAboutItem 06.eJune 28, 2011 Item No. JULY 5, 2011 CITY COUNCIL MEETING RELEASE OF DEVELOPMENT CONTRACT Proposed Action Staff recommends adoption of the following motion: Move to approve the release of development contract for Outlot A, Lakeway Park East Campus. Adoption of this motion will formally release the owner of Outlot A from the Lakeway Park East Campus development contract recorded against the property title. Overview Staff has received a request to release Outlot A, Lakeway Park East Campus from the development contract. The Lakeway Park East Campus final plat was approved in 2000 and included two Tots and two outlots. Outlot A was designated for a future high density residential development and is currently zoned RH -1, Multiple Family Residential District. Releasing Outlot A from the Lakeway Park East Campus development contract does not eliminate the property owner's responsibility to pay the development fees, such as park dedication and the storm sewer area charge, required at the time the outlot is final platted into lots and blocks. The City Attorney has drafted the release of development contract for the Mayor and City Clerk's signature. Staff recommends approval. Primary Issues to Consider How will the release of development contract for Outlot A affect the remaining undeveloped parcels in Lakeway Park East Campus? • The release of Outlot A from the Lakeway Park East Campus development contract will not affect development contract obligations of the remaining lots in this plat. Supporting Information • Release of development contract Lakeway Park East Campus final plat Daryl ng Director Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: (reserved for recording information) RELEASE OF DEVELOPMENT CONTRACT RELEASE of Development Contract granted this day of 2011, by the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "). Recitals A. The City and Lakeville "385" have entered into a Development Contract dated September 5, 2000, for the plat of LAKEWAY PARK EAST CAMPUS, recorded September 27, 2000, as Torrens Document No. 427341. B. The City has been requested to grant a release for Outlot A, LAKEWAY PARK EAST CAMPUS. C. The Development Contract authorizes the City to release lots and outlots from the Development Contract. 158264v01 SRN:06 /20/2011 NOW, THEREFORE, BE IT RESOLVED by the City of Lakeville: 1. With the exception of levied and pending special assessments, if any, the foregoing outlot is released from the financial obligations assumed by the Developer in conjunction with the development of public improvements in the plat. 2. This release does not waive any fees which are required to be paid as a part of the building permit application. 1 LKVL:LAKEWAY PARK EAST CAMPUS (Release of Outlot A from DevK) Dated this day of , 2011. (SEAL) STATE OF MINNESOTA COUNTY OF DAKOTA DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn 158264v01 SRN:06 /20/2011 CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND 2 Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of LKVL:LAKEWAY PARK EAST CAMPUS (Release of Outlot A from DevK) 2011, by Mark Bellows 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 authority granted by the its City Council. NOTARY PUBLIC NW COR. OF THE NE1 /4 OF SEC. 13, T.114. R.21, DAKOTA /- CO.. MN., FOUND DAKOTA COUNTY CAST IRON MONUMENT • icfo Y 0 a1J1 n 46 40 1 78.31, N00'05'06'W MEAS CERT. EXCEPTION N8E'51'07'E 796.98 MEAS. 795.50 PLAT N 1 STREET NORM UNE OF TNE NE1 /4 OF SEC. 13 <T M 1 / ,. /� i s \ / / \ 200 S89'5vo1W 2618.84 OUTLOT A / ■� _ / � t t6 / �r ~ \ � / \ lA 1.31 1.31 1 OZ\ \ N00'05 ' 160705'08'w 1 it \ 195.62 777.82 1 tI4 va \ t io�p�` / .& \ -, \\ DETAIL / s1 vo` � \ \ (NOT TO SCALE) / / CU r 1 � --- pm1�47'15 '4.'94- 1 / La275.9 42'45 . J C8 =N� - W A- 0256'51' L -75.38 �3 0 4r 200 SCALE IN FEET 1113.00 \' SBPS7'OYW MEAS WEST CERT. / 9 N E M \ 48 W CENTER LINE OF K:.SAN. N0. 50, l5 5j7°1 C - - - FORMERLY KNOWN AS H E 5 RD. 5 .0* 0° \ (STN No 501 j d* W Pty \ \ U C A \ \ 0 \ \ W V / \ \,D 62 N J 16 \ \ v f . \ \ , / + / -SO" . n� - ''' ? \ \ N IN\ I rn`; 2 $ \ \ o $ ( I' - \ I 0 --� v \60` \ i I \ \ ( \ r • 6-01•46•28* 1 OUTLOT B R :4197.00 I I I I ^ N 8T46'OO E CERT. • \ / - L - 129.96 1 1 \ J _1 / n � N8T37'07'E MEAS. _ \ / cH s1o•s7ssE 1 1 .fi \ \ / / \ / / t� 490.35 MEAS. - / 589 33 02 w MEAS. \ ^� 484.15 CERT. 60.82' \ 1 , - . WEST CERT \ 1 \ _/ \` / � / 1,33336 MEAS. 1 \ . 6.64 - - p4.59 . g 33871'8 1, r 3 ' p 01 \\ \ • / \ PIPELINE EASEMENT - i - 00 .00 1 / / \ PER DOC. N0. 12504 • 9'33'02 Wks. \} R-.4224.00 \ / wnuw / y�o WEST C L =75.95 MEAS. ‘ Ir. \ \ // ;: 75.01 • L ..75.9 CERT. \ CB.N09•30'01 "W \ '1 / ss / SOUTH C a- �'- - -SEE DUAL 1 / %j r 1 26'58"E MEAS. - 1 . ; \\ i p /J /4 / N89•33'02 MEAS. f - ; .. ' �� \ 1 4 , �� W . ' / EAST CERT, $ o , /^ 11 1.7 CERT n l J m r \ \ `4 >4''‘,.. J // o°/ = / 111.95 MEAS. 4$ <1I I N N Oy 1 1 e / / �"4•° BLOCK ONE � °;' -s'� i 1 1 \ // _/ /I kill. $ ate 4CC i ch I / / ',1- o.r cou 1 s 1 foam / A - 3798'17 ∎ /.. • o�t'A SBP54'S4'W i .... R -57.67 �� 164.27 - - DAG.�TP W AY L -37.55 L 1 BO �+-C` : - ,., p :• . '153 i Cc WAY �• : 6 11704'4e 1 • 1 PiiAp L 166.26 /1) 1 I .68°2,1 K/ C 4 \ I'?• om CENTER UNE OF CI \ t•'')/ 42 .> 0 ,� 1 1 8 2 +�rl - -- FORMERLY KNOW 1 129.05 CERT. ( • 234.08 MEAS. NOO•26'Str'W MFRS P4 NORTH CERT. , 7 �i 1 -+ (� / o k Y i E AS A EMENT 1 -�' •302.4 - 777.82 _ A75, _ - - _•_ n 185 ; / -T'- ) CO. STA An : G' .' 4 4 I. 8 1 P79 13 , • 876 21 $ •, (185TH STREET)+ ¢0. STATE AID HIGHWAY NO. 60 R 3 1 -7 - 7-- --- --- --- L.- _ - _ 1' S89.54'S�i'W 1104.34 III -A 1_SOUTH UNE OF THE LSEE DETAL 400 600 • DENOTES IRON PIPE FOUND. O DENOTES 1/2 INCH X 14 INCH IRON PIPE SET, MARKED BY LICENSE NO. 9294. BEARING SYSTEM IS BASED ON THE DAKOTA COUNTY COORDINATE SYSTEM. DENOTES MEASURED BEARING OR DISTANCE. DENOTES BEARING OR DISTANCE PER CERT. OF TITLE. -6-- DENOTES RIGHT OF ACCESS DEDICATED TO DAKOTA COUNTY. NE1 /4 OF SEC. 13 KNOW ALL PERSONS BY Partnership, owner a in the County of Dak That part of the Nor West, Dakota County, Southern Railroad, ( Except that part der Commencing at the sc along the east line Trunk Highway No. 5( 129.05 feet; thence to the left having c 675.0 feet; thence i feet to the actual continuing west at t thence South, at a ; angle, a distance of thence north, along �SE COR. OF THE NE1/ OF SEC 13, T 114, R. DAKOTA CO., MN. FOUND PK NAIL DRAINAGE AND UTIUTY EASEMENTS ARE SHOWN THUS: 0 -.. I - 10 X1- - --�-JL- --- 1 1 BEING 10 FEET IN WIDTH UNLESS OTHERWISE INDIC AND ADJOINING LOT UNES, AS SHOWN ON THE P1) DWYER & A Lett 8758 Hastulg Bus: (651) 437 -2'