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ITEM 3.9 Kittredge Crossings 12th AdditionTez Ot�co MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Legal City Attorney May 22, 2017 PRESENTER(s) REVIEWED BY: ITEM #: Consent Agenda City Administrator/Finance Director 3.9 Flaherty AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that Council approve the attached Resolution releasing LOT 6, Block 2 KITTREDGE CROSSINGS 12t' ADDITION from the terms and conditions of the recorded Developers Agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? ISA PUBLIC HEARING REQUIRED? No No JUSTIFICATION: Staff was contacted by the Title Company involved in the sale of this property. The Title work included a provision that the lot be released from the Developers Agreement for KITTREDGE CROSSINGS 12th ADDITION. Upon review, staff has determined that there will be no detriment to the City in releasing this lot from the Agreement since substantially all work has been completed and City retains security for any items in the development not yet complete. Normally, the City waits for all work to be complete in order to release the entire Developers Agreement, but occasionally we will release specific lots in order to accommodate the buyer. Title companies are not consistent in their approach as to whether or not Developers Agreements need to be released. SUPPORTING DOCUMENTS ATTACHED: • Resolution POSSIBLE MOTION Motion to approve Resolution No. 2017-47 Releasing Certain Property From Recorded Developers Agreement- Lot 6, Block 2, KITTREDGE CROSSINGS 12TH ADDITION. BUDGET INFORMATION FUNDING: BUDGETED: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-47 RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED DEVELOPERS AGREEMENT- LOT 6, BLOCK 2, KITTREDGE CROSSINGS 12TH ADDITION WHEREAS, the purchaser of certain property within the City of Otsego has requested that the property be released from the terms and conditions of that Developers Agreement between the City of Otsego and Essay Holdings, LLC, a Minnesota Limited Liability Company dated May 23, 2016 and recorded May 27, 2016 as Document No. 1315616 at the Office of the Wright County Recorder and described as follows: LOT 6, BLOCK 2, KITTREDGE CROSSINGS 12TH ADDITION, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, construction is complete on the above referenced property and the applicable terms and conditions of the Developers Agreement no longer affect the property. 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 LOT 6, BLOCK 2, KITTREDGE CROSSINGS 12TH ADDITION from the terms and conditions of that Developers Agreement between the City of Otsego and Essay Holdings, LLC dated May 23, 2016 and recorded May 27, 2016 as Document No. 131516 at the Wright County Recorder's Office. APPROVED this 22nd day of May, 2017 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 2