ITEM 4.7 Gateway North 4th Additionf #'
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0tCITY F(T%�/�o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Legal Andy MacArthur, City Attorney January 9, 2017
PRESENTER(s): REVIEWED BY: ITEM #:
City Attorney Interim City 4.7
Administrator/Finance Director
Flaherty
AGENDA ITEM DETAILS
RECOMMENDATION: Staff recommends that the attached release be approved releasing Lot 2, Block 1
Gateway North Fifth Addition from the terms and conditions of certain Development Agreements and
other documents between the City and Duke. Lot 2, Block 1 is owned by Wagner.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No.
BACKGROUND/JUSTIFICATION: The City previously approved the development of the above described lot for
Wagner within GATEWAY NORTH FOURTH ADDITION. The building was constructed on the existing lot
within the Fourth Addition with the understanding that it would be re -platted as a slightly different lot in
the Fifth Addition. The delay in re -platting was due to the fact that the lot had to be first registered in
order to conform with the rest of the property within the Plat. This process has been completed and the
Fifth Addition Plat has been recorded.
Because of the slight boundary adjustments between the Fourth addition lot and the Fifth Addition lot,
the listed Developers Agreements and documents technically are applicable to a portion of the new lot.
The Partial Release eliminates those Developers Agreement and other documents from affecting the
new lot. This helps to clear title on the property.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
• Partial Release
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the Partial Release of certain Developers Agreements and other documents affecting
Lot 2, Block 1 GATEWAY NORTH FIFTH ADDITION.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
PARTIAL RELEASE
FOR VALUABLE CONSIDERATION, the real property in Wright County, Minnesota,
legally described as follows:
Lot 2, Block 1, Gateway North Fifth Addition, according to the recorded plat thereof,
Wright County, Minnesota,
is hereby released from the following:
(i) The liens and provisions of that certain Development Agreement for Gateway North
Fourth Addition, between the City of Otsego and Duke Realty Limited Partnership,
dated September 25, 2014, recorded October 13, 2015, as Doc. No. T31156;
(ii) The liens and provisions of that certain Development Agreement Gateway North
Building One with the City of Otsego, between the City of Otsego and Duke Realty
Limited Partnership, dated June 11, 2007, and recorded November 21, 2007, as
Document No. 1072654;
(iii) The Findings and Decision by the City of Otsego, recorded March 1, 2016, as
Document No. T31384.
(iv) The liens and provisions of that certain Development Agreement Gateway North
Fourth Addition, Gateway North Building 3 Expansion, Lot 2, Block 1, Gateway
North Fourth Addition, between the City of Otsego and Duke Realty Limited
Partnership, dated August 16, 2016, recorded December 23, 2016, as Document No.
T31907.
[Signature page to Partial Release Lot 2, Block 1, Gateway North Fifth Addition]
CITY OF OTSEGO, a Minnesota
municipal corporation
By:
Mayor
By:
City Clerk
STATE OF MINNESOTA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2017, by , and
the Mayor and City
Clerk, respectively of the City of Otsego, a Minnesota municipal corporation, on behalf of the
municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Joanne L. Matzen
Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, Minnesota 55402-4629
612.604.6641
128523680