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RES 18-32CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-32 RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED SIGN EASEMENT AND DEVELOPERS AGREEMENTS- LOT 1, BLOCK 1, THE SHOPPES AT GREAT RIVER CENTRE WHEREAS, the CITY OF OTSEGO owns certain property within the CITY OF OTSEGO obtained through tax forfeiture, and described as follows: OUTLOT C GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION all according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, KLEINBANK currently owns and intends to sell LOT 1, BLOCK 1 THE SHOPPES AT GREAT RIVER CENTRE to WINGS FINANCIAL CREDIT UNION.; and WHEREAS, KLEINBANK entered into a certain SIGN EASEMENT AGREEMENT affecting said LOT 1, BLOCK 1 THE SHOPPES AT GREAT RIVER CENTRE dated April 21, 2008 and recorded as Document No. A1086707 on April 28, 2008 at the Office of the County Recorder, Wright County, Minnesota with the predecessor in title to the CITY owned property, APPELLO GROUP, LLC; and WHEREAS, the CITY OF OTSEGO entered into certain agreements with the previous owner APPELLO GROUP, LLC and others as follows: DEVELOPMENT AGREEMENT GREAT RIVER CENTRE OF OTSEGO by and between APPELLO GROUP, LLC and the CITY OF OTSEGO dated May 16, 2006, filed June 15, 2006 as Document No. Al014006 and First Addendum dated October 29, 2007, filed January 9, 2009 as Document No. Al 106268 and Second Addendum dated September 22, 2008, filed January 9, 2009 as Document No. Al 106287 at the Office of the County Recorder, Wright County, Minnesota; and DEVELOPMENT CONTRACT- THE SHOPPES AT GREAT RIVER CENTRE SECOND ADDITION by and between CP OTSEGO PARTNERS, LLC and the CITY OF OTSEGO dated August 12, 2008, filed September 11, 2008 as Document No. A 10976 82 at the Office of the Wright County Recorder, Wright County, Minnesota and DEVELOPMENT CONTRACT- LOT 1, BLOCK 1 by and between KLEINBANK and THE CITY OF OTSEGO dated September 15, 2008, filed March 3, 2009 as Document No. Al 110447 at the Office of the County Recorder, Wright County, Minnesota. WHEREAS, KLEINBANK and the BUYER have requested that the CITY release LOT 1, BLOCK 1, THE SHOPPES AT GREAT RIVER CENTRE from these various Agreements; and WHEREAS, the above Agreements are no longer necessary, the terms and conditions have been completed and they no longer benefit the CITY. NOW, THEREFORE it is hereby resolved by the City Council of the City of Otsego, Wright County, Minnesota as follows: The CITY OF OTSEGO hereby releases LOT 1, BLOCK 1 SHOPPES OF GREAT RIVER CENTRE from the terms and conditions of the following Agreements: SIGN EASEMENT AGREEMENT by and between APPELLO GROUP, LLC and KLEINBANK affecting said LOT 1, BLOCK 1 THE SHOPPES AT GREAT RIVER CENTRE dated April 21, 2008 and recorded as Document No. A1086707 on April 28, 2008 at the Office of the County Recorder, Wright County, Minnesota, DEVELOPMENT AGREEMENT GREAT RIVER CENTRE OF OTSEGO by and between APPELLO GROUP, LLC and the CITY OF OTSEGO dated May 16, 2006, filed June 15, 2006 as Document No. Al 014006 and First Addendum dated October 29, 2007, filed January 9, 2009 as Document No. Al 106268 and Second Addendum dated September 22, 2008, filed January 9, 2009 as Document No. Al 106287 at the Office of the County Recorder, Wright County, Minnesota; and DEVELOPMENT CONTRACT- THE SHOPPES AT GREAT RIVER CENTRE SECOND ADDITION by and between CP OTSEGO PARTNERS, LLC and the CITY OF OTSEGO dated August 12, 2008, filed September 11, 2008 as Document No. A1097682 at the Office of the Wright County Recorder, Wright County, Minnesota and DEVELOPMENT CONTRACT - LOT 1, BLOCK 1 by and between KLEINBANK and THE CITY OF OTSEGO dated September 15, 2008, filed March 3, 2009 as Document No. Al 110447 at the Office of the County Recorder, Wright County, Minnesota. 2. The Mayor and City Clerk are hereby authorized on behalf of the CITY to execute the attached EASEMENT TERMINATION AGREEMENT and any other documents required to release the documents described above. 2 APPROVED this 17th day of April, 2018 by the Otsego City Council. Motion to approve made by Council Member Darkenwal0and seconded by Council Member Heidner IN FAVOR: Stockamp, Darkenwald, Heidner, Tanner OPPOSED: None CITY OF OTSEGO Ilk WK61"M1111,• . • Tami Loff, City Clerk 3