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RES 16-20CITY 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 8f day of February, 2016 by the Otsego City Council. Motion to approve made by Council Member Schroeder and seconded by Council Member Darkenwald IN FAVOR: Heidner, Schroeder, Darkenwald OPPOSED: None CITY OF OTSEGO q, I Vern Heidner, Acting Mayor .i Tami Loff, City Clerk 2