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3e. West Village Heights 2nd Addition: Release of Development Contract.CITY UF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 04M Dy City Administrator MEMORANDUM iii ✓ �� TO: Charles Folch, Director of Public �Vorks /City Engineer FROM: Dave Hempel, Assistant City Engineer At DATE: January 3, 1995 SUBJ: Consider Release of Lots 1, 2, 3, and 4, Block 1, We Addition from Development Contract - Project No. 88 -4 �+ warced to ComminAx DA Submitted to Couned st Village Heights 2nd Staff has received a request from the developer ease the above - referenced subdivision from the conditions set forth in the development con,Due to the realignment of West 78th Street, and acquisition by the City of Chanhassen of ;ot 1 lock 2 and portion of Lots 1, 2, 3, and 4, Block 1, West Village Heights 2nd Addition F ave t' ether eliminated many of the conditions of approval set forth in the development � ntract. A he remaining development obligations contained within the development contract ave been c p1 ted. This release does not affect the conditions of approval set forth with th. ' yerly's site It is therefore recommended that t 1 tity Council, witlfte exception of levied and pending special assessments, if any, Lot 1 ,ck 2 and Lots 1, 2, AIM 4, Block 1, West Village Heights 2nd Addition are hereby releaeand discharged from the a, orementioned development contract for West Village Heights ,'Addition. I c: Charlie James I gAeng\dave \cc \westvill.coc of release. OFFICIAL ENGINEERING COPY Received Revision No. Approved by City Engineer Date C'_, i 1 !AI 1 q5 Approved by City Council Date lms ' Attachment: 1 41C I 2. Lo I c: Charlie James I gAeng\dave \cc \westvill.coc of release. OFFICIAL ENGINEERING COPY Received Revision No. Approved by City Engineer Date C'_, i 1 !AI 1 q5 Approved by City Council Date CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J. CamFhcll Rower N. Knutson Thomas Kl. Scott Gory 0. Fuch: lame., R. willston Hhotr R, Kne,sch Eli:aheth A. l_unxr Andrea McDo cll Pochler Mr. Dave Hempel City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 Re: City of Chanhassen - T. F. James Company Dear Dave: 1 (612) 452.5000 Rix(612)452 -5550 v h qri r (, � :I 22 0 1 i 2IR ir�!_�t� DEC 4% E 1994 ENGINFERIN DEPT. Enclosed herewith please find the proposed Release of T. F. James Company from the Development Contract related to West Village Heights 2nd Addition.. As we discussed on the phone, this Release can be placed on the Council'; agenda for the next Council meeting with our joint recommendation (yours and mine) that the Council pass the Resolution releasing them from Development Contract obligations. If you have any questions, please call. Very truly yours, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. GGF:cjh Enclosure cc: Mr. Don Ashworth Mr. Charles Wm. James Mr. Gary Pihlstrom 1 � 1 � P� r_ L 1 Suite 31 r • F.ig,ut&ile ()ffice (xllter • 1 380 Corporate Center Cure Fn<< >ui. M N » 121 ATTACHMENT 1 December 22, 1994 RELEASE ' RELEASE of Development Contract granted this day of , 199_, to T. F. James Company ( "Developer ") by the City of Chanhassen, a Minnesota municipal corporation ( "City"). I RECITALS ' A. The City and the Developer entered into a Development Contract dated June 21, 1988, for the plat of WEST VILLAGE HEIGHTS 2ND ADDITION, which Development Contract was recorded May 16, 1989, as Abstract Document No. ' 105239. B. The City has been requested by Developer to release Lots 1, 2 and 3, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION from the Development Contract. C. The Development Contract authorizes the City to release lots from the Development Contract after Developer has completed its obligations under the ' Development Contract. ' D. The realignment of West 78th Street and the acquisition by the City of Lot 1, Block 2 and portions of Lots 1, 2, 3 and 4, Block 1, WEST VILLAGE HEIGHTS 2ND ADDITION have, together, eliminated many of the various ' obligations of the Developer as set forth in the Development Contract. E. The remaining development obligations of the Developer under the ' Development Contract have been completed. NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen: ' 1. With the exception of levied and pending special assessments, if any, Lots ' 1, 2, 3 and 4, Block 1 and Lot 1, Block 2, WEST VILLAGE HEIGHTS 2ND ADDITION are hereby released and discharged from the aforementioned Development Contract. 1 1 20347 2. This release does not waive any fees which are required to be paid as a part of a building permit application. CITY OF CHANHASSEN Donald J. Chmiel, Mayor Don Ashworth, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 199_, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and City Manager of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 (612) 452 -5000 GGF /cjh 20347 -2- PROJECT LOCATIC :, AIV M W.