HomeMy WebLinkAboutItem 06.hSeptember 1, 2011 Item No.
SEPTEMBER 6, 2011 CITY COUNCIL MEETING
RELEASE OF DEVELOPMENT CONTRACTS
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve the release
of development contracts recorded against Lot 2, Block 1, Hosanna 4 Addition.
Adoption of this motion will formally release the property owner from the
development contracts recorded against the property title.
OVERVIEW
The legal representative of the purchaser of Lot 2, Block 1, Hosanna 4 Addition
(Hosanna! Senior Living, LLC) requests that the existing development contracts for
Hosanna Addition, Hosanna 2 Addition and Hosanna 3 Addition be released from
the property title. Staff has determined that the developer has met all requirements
and obligations of the development contracts. 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 development contract affect the remaining developed and
undeveloped properties in Hosanna 4 Addition?
0 The release of the development contract will not affect the development
contracts in place with the remaining lots and outlots in Hosanna 4 Addition.
SUPPORTING INFORMATION
0 Release of development contracts form.
0 August 22, 2011 letter requesting the release of the development contracts.
Frank Dempsey, AI A c iate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
(reserved for recording information)
RELEASE OF
DEVELOPMENT CONTRACTS
RELEASE of Development Contracts granted this day of
2011, by the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ").
Recitals
A. The City and Hosanna! Lutheran Church of Burnsville have entered into a
Development Contract dated March 5, 1996, for the plat of HOSANNA ADDITION, recorded April 22,
1996, as Torrens Document No. 335328.
B. The City and Hosanna! Lutheran Church of Lakeville have entered into a
Development Contract dated July 5, 2000, for the plat of HOSANNA 2 ADDITION, recorded August
13, 2001, as Torrens Document No. 445594 and as Abstract Document No. 1801127.
C. The City and Hosanna! Lutheran Church of Lakeville have entered into a
Development Contract dated November 18, 2002, for the plat of HOSANNA 3 RD ADDITION, recorded
March 4, 2003, as Torrens Document No. 490763 and as Abstract Document No. 2008133.
D. The City has been requested to grant a release for Lot 2, Block 1, Hosanna 4th
Addition from the Development Contracts listed in A, B, and C above.
E. The Development Contracts authorize the City to release lots and outlots from the
Development Contract.
F. The City has accepted all of the public improvements relating to Lot 2, Block 1,
Hosanna 4 Addition under the Development Contracts listed in A, B and C above; and, with the
exception of levied and pending assessments, if any, there is no longer a need to have those
Development Contracts recorded against Lot 2, Block 1, Hosanna 4 Addition.
159366v01
SRN:08/26/2011
1
LKVL:HosANNA! ADDITION — Release of
Lot 2, Blk 1, Hosanna 4 Add. from Prior DevK's)
NOW, THEREFORE, BE IT RESOLVED by the City of Lakeville:
1. With the exception of levied and pending assessments, if any, Lot 2, Block 1,
Hosanna 4 Addition is released and discharged from the Development Contracts listed in A, B
and C above.
2. This release does not waive any fees which are required to be paid as a part of the
building permit application.
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
159366v01
SRN:08/26/2011
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
AND
The foregoing instrument was acknowledged before me this day of ,
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
2
Charlene Friedges, City Clerk
LKVL:HosA1'mA! ADDITION - Release of
Lot 2, Blk 1, Hosanna 4 Add. from Prior DevK's)
August 22, 2011
VIA MESSENGER
Mr. Frank Dempsey
Associate Planner
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Hosanna! Lutheran Church Development Contracts
Dear Frank:
As we have discussed, Hosanna! Senior Living, LLC has acquired Lot 2, Block 1, Hosanna 4
Addition which is encumbered by the Development Contracts for the prior three additions.
Enclosed is a copy of the title commitment and the three previously recorded Development
Contracts that currently encumber Hosanna 4 Addition. Also enclosed is our check in the
amount of $300.00 for the estimated fees to have these released.
Please let me know if you need additional information or if this will be sufficient for our request
to release Lot 2 from the prior Development Contracts to be addressed at the next City Council
meeting on September 6th
Sincerely,
ff4-
.c 7 `Mrs. Bonnie A. O'Malley
Senior Paralegal (�
Direct Dial: 612.492.7093
Email: bomalley @fredlaw.com
BAO:jp
Enclosures
cc: Kimberly A. Lowe, Esq. (w /o encl. via email)
Matthew J. Schneider, Esq. (w /o encl. via mail)
Thomas J. Kettleson, Esq. (w /o encl. via email — Tkettleson @winthrop.com)
4978119_1.DOC
Attorneys & Advisors
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