ITEM 3.6 Resolution 2016-20OtsTeF o
MlNNE50TA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
Legal
REQUESTOR:
Andy MacArthur, City Attorney
MEETING DATE:
February 22, 2016
PRESENTER(s):
Consent
REVIEWED BY:
Lori Johnson, City Administrator
ITEM #:
3.6
AGENDA ITEM DETAILS
RECOMMENDATION: Staff recommends that the attached resolution be adopted releasing DUKE REALTY
LIMITED PARTNERSHIP from the terms and conditions of the Master Development Agreement entered
into in 2006, and releasing LOT 3, BLOCK 1 from the Developers Agreement covering that lot and the
adjoining lot where Blue Dot has constructed a building.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
No.
IS A PUBLIC HEARING REQUIRED?
No.
BACKGROUNDMUSTiFICATION: The City recently approved the development of the lot for Wagner within
GATEWAY NORTH FOURTH ADDITION. DUKE is currently closing on the lot with Wagner. Upon review of
the Title work on the property Wagner and Duke have raised and requested release from certain
Agreements. Duke seeks relief from the Master Development Agreement. The requirements of that
Agreement have been met, and the City has entered into separate Developers Agreements that cover
each of the parcels in the development.
The parties have also requested release of LOT 3, BLOCK 1 from the Development Agreement for
GATEWAY NORTH FOURTH ADDITION. The original agreement included that Lot as part of the
Agreement for the Blue Dot parcel. The City has just entered into a separate Agreement for the Wagner
parcel, thus there is no reason to bind LOT 3, BLOCK 1 to the previous Agreement.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
Resolution releasing Developers Agreements.
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to approve Resolution No. 2016-20 Releasing Certain Property From Recorded Developers
Agreements- Gateway North and Gateway North Fourth Addition.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2016-20
RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED
DEVELOPERS AGREEMENTS- GATEWAY NORTH AND GATEWAY
NORTH FOURTH ADDITION
WHEREAS, DUKE REALTY LIMITED PARTNERSHIP, an Indiana Limited
Partnership owns certain property within the CITY OF OTSEGO described as
follows:
GATEWAY NORTH, GATEWAY NORTH SECOND ADDITION, GATEWAY
NORTH THIRD ADDITION and GATEWAY NORTH FOURTH ADDITION all
according to the Plats on file and of record at the Office of the County Recorder,
Wright County, Minnesota; and
WHEREAS, DUKE REALTY intends to sell LOT 3, BLOCK 1 GATEWAY
NORTH FOURTH ADDITION; and
WHEREAS, DUKE REALTY LIMITED PARTNERSHIP and the CITY OF
OTSEGO entered into a Master Development Agreement for GATEWAY
NORTH dated September 20, 2006 and recorded on April 5, 2007 as Document
No. 1049064 at the Office of the County Recorder, Wright County, Minnesota;
and
WHEREAS, DUKE REALTY LIMITED PARTNERSHIP and the CITY OF
OTSEGO entered into a Developers Agreement for GATEWAY NORTH
FOURTH ADDITION (LOT 2, BLOCK 1 and LOT 3, BLOCK 1) dated
September 20, 2014 and recorded on October 13, 2015 as Document No. T31156
at the Office of the County Recorder, Wright County, Minnesota; and
WHEREAS, DUKE REALTY LIMITED PARTNERSHIP has requested
termination or release of the Master Development Agreement as referenced above;
and
WHEREAS, DUKE REALTY LIMITED PARTNERSHIP has further requested
that LOT 3, BLOCK 1 be released from the Developers Agreement for
GATEWAY FOURTH ADDITION as referenced above.
NOW, THEREFORE it is hereby resolved by the City Council of the City of
Otsego, Wright County, Minnesota as follows:
1. The CITY OF OTSEGO hereby releases that property owned by DUKE
REALTY LIMITED PARTNERSHIP within GATEWAY NORTH,
GATEWAY NORTH SECOND ADDITION, GATEWAY NORTH
THIRD ADDITION and GATEWAY NORTH FOURTH ADDITION
from the terms and conditions of that Master Development Agreement
between DUKE REALTY LIMITED PARTNERSHIP and THE CITY OF
OTSEGO dated September 20, 2006 and recorded on April 5, 2007 as
Document No. 1049064.
2. THE CITY OF OTSEGO hereby releases LOT 3, BLOCK 1 from the terms
and conditions of that Developers Agreement for GATEWAY NORTH
FOURTH ADDITION (LOT 2, BLOCK 1 and LOT 3, BLOCK 1) dated
September 20, 2014 and recorded October 13, 2015 as Document No.
T31156.
APPROVED this 8h 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
Vern Heidner, Acting Mayor
Tami Loff, City Clerk
2