ITEM 3.9 Otsego I-94 West Industrial ParkOt sTeg
F o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
February 8, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Attorney
City Administrator
3.9
AGENDA ITEM DETAILS
RECOMMENDATION: Staff recommends that the attached resolution be adopted releasing certain lots within
the OTSEGO 1-94 WEST INDUSTRIAL PARK from development agreements of record.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No.
BACKGROUND/JUSTIFICATION:
The City approved the OTSEGO 1-94 WEST INDUSTRIAL PARK in 2001 and entered into a Developers
Agreement with the Owner, RHEA COMPANY. The City Approved the Third Addition of the development
and entered into another Developers Agreement with RHEA in 2005. All of the work required under
those Agreements has been completed and accepted by the City. The Developers Agreements were
never released.
RHEA COMPANY is selling five of the vacant lots in the Plat and has requested that the Developers
Agreements be released as they show up on the title to the property.
Staff has reviewed the Developers Agreements and has determined that there are no further obligations
outstanding under those Agreements. Therefore, staff recommends approval of the attached resolution
releasing the Developers Agreements.
SUPPORTING DOCUMENTS: xo ATTACHED ❑ NONE
Resolution approving release of Developers Agreements.
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve Resolution No. 2016-09 Releasing Certain Property From Recorded Developers
Agreements OTSEGO 1-94 WEST INDUSTRIAL PARK.
BUDGET INFORMATION
FUNDING:
BUDGETED: ❑ YES
NA I o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-09
RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED
DEVELOPERS AGREEMENTS- OTSEGO I-94 WEST INDUSTRIAL
PARK
WHEREAS, RHEA COMPANY, a Minnesota Limited Partnership owns certain
lots within the OTSEGO I-94 INDUSTRIAL PARK described as follows:
LOT 1, BLOCK 1; LOT 2, BLOCK 1; LOT 3, BLOCK 1; LOT 3, BLOCK 2; and
LOT 4, BLOCK 2 all in OTSEGO I-94 WEST INDUSTRIAL PARK FOURTH
ADDITION according to the Plat on file and of record at the Office of the County
Recorder, Wright County, Minnesota•, and
WHEREAS, RHEA COMPANY intends to sell the above mentioned lots; and
WHEREAS, RHEA COMPANY has requested that the lots to be sold be released
from those certain recorded Developers Agreements which affect the properties;
and
WHEREAS, the City Engineer has determined that no more work, on those sites is
needed; and
WHEREAS, the conditions of approval still remain in effect related to the
allowed use of the property and other issues; and
WHEREAS, release of the properties from the Developers Agreement is
appropriate.
NOW, THEREFORE it is hereby resolved by the City Council of the City of
Otsego, Wright County, Minnesota as follows:
1. LOT 1, BLOCK 1; LOT 2, BLOCK 1; LOT 3, BLOCK 1; LOT 3, BLOCK
2; and LOT 4, BLOCK 2 all of OTSEGO I-94 WEST INDUSTRIAL
PARK FOURTH ADDITION are hereby released from any obligations
imposed by that DEVELOPMENT AGREEMENT- OTSEGO I-94 WEST
INDUSTRIAL PARK between the City of Otsego and RHEA COMPANY
dated April 9, 2001 and recorded at the Office of the Wright County
Recorder as Document No. 741503 on May 16, 2001 and that
DEVELOPMENT AGREEMENT OTSEGO I-94 INDUSTRIAL PARK
THIRD ADDITION between the City of Otsego and RHEA COMPANY
dated December 15, 2005 and recorded at the Office of the Wright County
Recorder as Document No. 990892 on December 16, 2005.
2. All other City permits and conditions of approval affecting these properties
remain in full force and effect.
APPROVED this 8th day of February, 2016 by the Otsego City Council.
Motion to approve made by Council Member and seconded by
Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
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