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3d. Partial Release of Development Contract for Bloomberg AdditionCAMPBELL, KNUTSON , SCOTT & FUCHS , F . A Jun 5,95 14 : 15 No . 009 P. 02 ) /O:_: 1 . CAMPBELL, KNUTSON, SCOTT & FUCCHS, PA. Attorncgs at Lain Tk onrs J. Camtd,ell (M) 452 -5000 Andrea Mdt sell Poehlcr Rrgcr N. Krim",n Manhca K. Brokl Thomas M. Scorr Fax (6l Z) 452 -5550 l�$ar� ucritc `1. McCc +rru�1 Gary G. F1,( "h, J mien R. Walston C�c.�rgc T. Str( hcj15i n Llliott B. Knetsch June 5, 1995 1 VIA FAX AND MAIL Approval is recommended. Mr. Greg Miller DWA (6 -6 -95) Miller & Schroeder Investments Corporation 300 Pillsbury Center. 220 South 5th Street Minneapolis, MN 55402 1 Re: City of Chanhassen Development Contract Dated December 4, 1989 Dear Mr. Miller: E nclosed please find a copy of a Partial Release with respect to the Development Contract between the City of Chanhassen and Bloomberg Companies, Incorporated dated December 4, 1989, filed January 9, 1990, as Document Nos. 11124 and 111245. This Release requires council approval which approval is scheduled on the council agenda for June 12, 1995. I will recommend to the council that it approve the enclosed Partial Release and I know of no reason why the council would not approve the same. This shall also confirm that to date, to the best of the City staff's knowledge, all terms and conditions of the Development Contract have been met. I If you have any questions, do not hesitate to contact me. Sincerely, CAMPBE L, 7TSON, SCOTT S, . 1 -- Roger N. Knutson RNK:r1t Enclosures CC: Don Ashworth 25411 Dave Hempel Stiitc 317 • Fagandale 0fficc Center • 1380 Corl oche Center (:tirve 0 EaLmn, MN 551 ).1 CA11PBELL , f'NUTSON , SCOTT & FUCHS , F . A ' J U" UZI "J'✓ I L� + JAI '1 Nlk-L LHW I INN LI IHN I LNLIJH Jun 5 ,'91 14 : 16 N .0 F . Ci ( -i -'' r.L ) Ro for Recording Information *' R** ��t*> Rlft7F7t7 tt��ttt2ittlttYf* t* fftit* f1#*#> ItA�fi�tY�eir�k * * *fk�k�l P A R T I A L R E L E A S E This Partial RQloase of City of Chanhassen Development Cont.rAnt is granted this Fifth Day of May, 1995, by the City of Chanhassen, a Minnesota Municipal Corporation (City)_ WHEREAa, the City and Bloomberg Companieu Xncorporated, a Minnesota Corporation, Chanhassen, Minne uQtaa, ( "Developer ") have previously entered into that certain Development Contract, that is dated the Vosirth bay or December, 1989, for the plat of Bloomberg Addition, Carver county, Minnesota, which Development Agreement was recorded on January 9, 1990, as Document No. 111244, in the Ottice of the County Recorder, Carver county Minnesota; and WHERD,►S, Said Development Contract involved that certain rp.AI estate located in the City of Chanhassen, County of Carver, State ' of Minnesota, and legally described as follows, to wit: Lot 1, B]nck 1; and outlot A; and outlot D; Bloomberq Addition; ' and WHEREAS, pcvcloper has substantially complied with all terms ' and conditlQns and obligations of said Development Contract; and WHEREAS, Special assesozento and interest thereon and fees ' and charges incidental to the issuance of a building permit remain an obligation of the Developer or Developer's assigns; and C NP , 1:.::PdUT`:1ON , SCOTT c FUCHS , P . H JUVI V: "'JG l�:'JJI'1 "1 NlLL LHA 1 11%1 "1 V 1N1 1 Ju.n 5 , `i5 1 a : 1 f_ No . 0i - i P . 1 r°:) ' Partial Release page 2 Lot 2, Block 1, Outlots A and D, Bloomberg Addition. ' WMEAS The City as been r e q u ested to rant t r Y qu g his Pa Release of said Lot 1, Block 1, and Outlnts A and B, Bloomberg ' Addition, from said Development Contract; and WHEREAS: the Development ContrpCt, authorizes thQ City to ' releaae lots from the Development Contractj NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CHANHASSEN CITY ' COUNCIL: 1 . The following described 1ots: ' Lot 1, B1oCk 1; Outlot A; ' Uutlot b; ' Bloomberg Addition; Carver County, Hinnoaotat are released from said Development Cuntrdcl, recorded as porQment No. 111244, office of tho County Rocorder, Carver County, ' Minnesota: 3;xoept ac to tho following: ' 00 Pa of Special Assessments and interest thereon, b. payment of fees and charges which Are required to ' be paid at the time a building permit is requested. C. Compliance with Section 1 of Hemoranduru of Agreement dated November 16, 1989, which is a part of said Vevelopmarnt ' Contract. 2. Except as specified in this Partial Release, the above - dcyoribod property is released and discharged from said Development ' Cc,nf ratt . C:HMPBELL. , f.'NUTSON , SCOTT & FUCHS , P . A JUri 05 'Q5 lea Jam PICC LAW t 1RH 0 IARTCRCDA _7 L in 5 ,' =i c 14 : 1 hJ � �. r.a ' PArtial Release ' page 3 Lot 1, Dlock 1, and Outlots A and B, Bloomberg Addition. CITY of CHANNASSEN ' By Donald J. Chmiel ' S E A L Mayor and By Don Ashworth ' City manager STATE OF MINNESOTA) ' COUNTY OF C ) The foregoing instrument was acknowledged before Ino, a ' Notary Public, this day of 1995, by Donald J. Chmiel and Don A3hwor'th, the Mayor and City Manager, , respectively, of the City of Chanhassen, a Minnesota Municipal Gvrporation, on behalf of said municipal Corporation, and pQrSuent to authority granted by its City Council. Notary Stamp or Seal , Notary Public This Instrument was Drafted By: John D. Rice Rice Law Firm, Chartered 575 West 78th street P. 0. Box 11 90 Chanhassen, Minnesota 55317 0 ! IM► ds��'q i ■ i� II 1 1 1 i- AMPBELL , KP-1UT `ON , SCOTT & FUCHS , P . H Jul ©5 "7. i2: o4rm RICE LHw rir.M a 1aRTCr.CDA J u.n 5 , `_ -5 14 : 1 PJ o . 0 0 9 P . C E .. ............ . 1 } 1 ) i 1 ) 1 ) Reserved for Retarding Information I ktttw�k�lrk**' �==='t' t* �rxk: t***f 4ktf* tt4ftt * *!r! *i * *ir *!s *4 *�t *tak * ** *hilt *t PARTIAT, RRT.RASE This Partial Releano of City of Chanhassen Development Contract is granted this Fifth Day of May, 1995, by the City of Chanhassen, a Minn esvtti municipal Corporation (City). WNRRKAS, the City and Bloomberg Companies Incorporated, at minnesvta corporation, Chanhassen, Minnesota, ( "Developer ") have previously entered into that certain Development Contract that is dated the Fourth Day of December, 1989, for the plat of Bloomberg Addition, Carver county, Minnesota, which Development Agreement was recorded on January 9, 1990, eg Document No. 111245, in the Office of the County Recorder, Carver County, Minnesota; and WHEREAS, Said Development Contract involved that certain teal ' estate located in the City of Chanhassen, County of Carver, Statc of Minnesota, and legally oescribed as follows, to Wit: Lot 2, Block 1 and Outlot C, and Outlot D. ' SloomDerg Addition: and MIDREhs, Developer has substantially uvluplitd with all terms and conditions and obligations of said Development Contract; and WHEREAS, Special assessments and interest thureon and feeS and ehargvs incidental to the issuance of a building permit remain an obligation of the Developer or Developers assigns; and 1 I ivAh1FBEL_L , KNUTSON , SCOTT & FUCHS , F . A 'J 1L JJ' 11 I11LL L-H" I INI 41 IHN ILNLUH Partial Releago page 2 WHEREAS, The City has been rcquaoted to grant this Partial Rolcace of said Lot 2, Block 1, and Outlots C and U, bloomberg Addition, from said Development Contract; Arid WHEREAS; the Development Contract authorizes the city to release lots from the Development Cgntrdut; NOW THEREFORE, BE IT titaEBY RESOLVED BY TKL CHANHAS5EN CIT Y COUNCIL.: I. The following desCribed lots: Lot 2, Block 1; Outlot C; ontl of D; Eloombcrg Addition; Carver County, Minnesota; are released from Said Developtnettt Contract, recOTded as Document No. 111245, office of the County Recorder, Carver County, Hinncsota; Except as to tho following; a. Payment of Special Assessments alga interest thereon; b. Payment of fees and charger which arP retquired to be paid at the time a building permit is requestea. C. Compliance with Section 1 of Hemorandun of AgreemPnr. dated November 16, 1989, which is a part or said Development Contract. 2. Except as speCified in this Partial Release, the above - described property 15 released and discharged from Said Development Contract. Jun 5,195 14:18 t`Jn.0( - y -9 r. C. ' 7 LL J ' of ' SIR t f f - nnwm r CHI9PBELL , K:PdUTSON , SCOTT & FUCHS , P . R Partial Release page 3 S F A L Jun 5 ) . _ 5 14 : 19 hJ o . 0 i_j -_i P• . 0 CITY OF CHANHASSEH By Uonala J. CnmiR1 Mayor and By Dun Ashworth City Manager STATE Or MIKHESOTA ) COUNTY OF CARVER ) The foregoing instrument was acknowledged before me, a Notary public, this day of by Donald J. Chmiel and nnn Ashworth, the Mayor and City Hanager, respectively, of the City of Chanhassen, a Minnesota Munir..xpal Corporation, on behalf of paid Municipal Corporation, alai pursgant to authority granted by its City Council. Notary Stamp or Seal Notary Purl ic: ethic Instrunent Waa Drafted By: JOhi1 p. Rive Ride Lau pirm, Chartered 575 Weat 78th Street P. 4. Box 1180 Chanhassen, Minnesota 55317 I RA , r.Mmommoor, . . w —