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03-21CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2003-21 RESOLUTION REGARDING RESTRICTIONS ON THAT PROPERTY PRELIMINARILY PLATTED AS OTSEGO MEADOWS AND PROPERTY FINAL PLATTED AS GRENINS MISSISSIPPI HILLS WHEREAS, Bulow, Inc. has platted certain property as Grenins Mississippi Hills and in association with Manley Brothers Construction, Inc. has preliminarily platted certain property as Otsego Meadows; and WHEREAS, the underlying property so platted has recorded against it various restrictions previously placed upon it by Wright County, Otsego Township and the City of Otsego; and WHEREAS, those restrictions are set forth on the attached Exhibit A; and WHEREAS, Bulow, Inc. has requested that a certain provision of that Addendum No. 1 to the Developer's Agreement between the City of Otsego and Bulow, Inc. dated November 10, 1999, and recorded as Document No. 698943, specifically No. 5 of that Agreement requiring combination of Outlot A and Lot 1, Block 1 and approval of a bed and breakfast by January 1, 2004, be modified to eliminate any time limit; and WHEREAS, the Council, on motion, did agree to modify that condition; and WHEREAS, the city Engineer has indicated that all other conditions of that Development known as Grenins Mississippi Hills and contained within the Developer's Agreement and Addendum No. 1 to the Agreement have been satisfied as to Bulow, Inc.; and WHEREAS, all current restrictions on the land preliminarily platted as Otsego Meadows will remain until said property has been final platted and all conditions of final plat approval have been satisfied. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego as follows: 1. That those restrictions placed upon the land preliminarily platted as Otsego Meadows by Wright County, Otsego Township and the City of Otsego shall be null and void and released by the City upon final plat approval of Otsego Meadows and satisfaction of all conditions of such approval. 2. That the Developer's Agreement for Grenins Mississippi Hills dated September 13, 1999 recorded as Document No. 689898, and the Addendum to that Agreement dated November 10, 1999 and recorded as Document No. 698943 shall be released , and that the condition that a bed and breakfast be approved and lots be combined to accomplish the same is hereby modified and any time limit is eliminated. 3. That this resolution in no way assures Developers final plat approval and that the terms and conditions of the resolution related to Otsego Meadows shall not be effective until final plat approval is given, and all conditions of that final plat approval have been satisfied. ADOPTED by the Otsego City Council this 10 tlday of March , 2003. IN FAVOR: Mayor Fournier; Councilmembers: Heidner, Wendel, Struthers and Scharber. OPPOSED: NONE 2 CITY OF OTSEGO Lirry Fournier, Mayor EXHIBIT A 1. Order Granting Conditional Use, dated February 4, 1977, Book 70 of Miscellaneous at page 383. Conditional Use for a residential lot split of less than five acres granted to Owner Arthur May, issued by Wright County. 2. Order Granting Conditional Use, dated February 23, 1978, Book 72 of Miscellaneous at page 468. Conditional Use permit for a residential lot split of less than five acres granted to owner, Donald Greninger, issued by Wright County. 3. Deed Restriction, dated December 2, 1982, Book 81 of Miscellaneous at page 347. Prohibiting any further subdivision of quarter- quarter section applied to Donald Greninger by Otsego Township. 4. Deed Restriction, dated February 24, 1986, Book 87 of Miscellaneous at page 764. Prohibiting any further subdivision of quarter- quarter section applied to Donald and Phyllis Greninger by Otsego Township. 5. Order of Variance, dated December 18, 1989, Book 96 of Miscellaneous at page 869. Variance granted for 1-40 subdivision based upon ordinance interpretation, no further residential building sites or divisions allowed, applied to Donald Greninger, issued by Wright County. 6. Deed Restriction dated November 14, 1996, recorded as Document No. 607673. 7. Rezoning Approval dated August 2 1999, recorded as Document No. 687990. 8. Preliminary Plat Approval dated August 2, 1999, recorded as Document No. 687991 9. Plat Approval dated October 13, 1999, recorded as Document No. 698941. 10. Development Agreement dated September 13, 1999, recorded as Document No. 689898. 11. Development Agreement dated November 10, 1999, recorded as Document No. 698943.