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1b. Chan Haven, 3rd Addition: Approve Release from Development Contract, Site Plan Agreement, and Landscape Agreement for Lot 1, Block 1 ih MEMORANDUM CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 DATE: Paul Oehme, City Engineer/PublIc Works DIrector Alyson Fauske, Assistant CIty Engmeer a1- August 28, 2006 ~~ TO: FROM: Administration Phone 952.227 1100 Fax 952.227 1110 SUBJECT: Lot 1, Block 1 Chan Haven Plaza 3rd_ Release from Development Contract and Statement Regardmg ClaIms Building Inspections Phone 952.2271180 Fax 952.227 1190 Finance Phone 952.2271140 Fax 952.2271110 Legal counsel for the party purchasmg Lot 1, Block 1 Chan Haven Plaza 3rd, 60 Lake Dnve has requested release from a development contract recorded against the property. Legal counsel has also requested confirmatIOn from the CIty that there are no claIms agamst the property with respect to the Dramage Easement Agreement, Watermain and Sanitary Sewer Easement Agreement and Landscapmg Easement Agreement recorded against the property. Engineering Phone 952.227 1160 Fax 952.2271170 Park & Recreation Phone 952.2271120 Fax 952.227 1110 Staff has researched the request and finds that all conditions set forth m the development contract have been satisfied and the letter of credit and maintenance bond have been returned. Recreation Center 2310 Coulter Boulevard Phone 952.227 1400 Fax 952.2271404 Planning & Natural Resources Phone 952.2271130 Fax: 952.227 1110 Staff is not aware of any claims regarding the Drainage Easement Agreement, Watermam and Sanitary Sewer Easement Agreement and Landscaping Easement Agreement recorded agamst the property. All easements wIll remain m place. A copy of the letter that will be sent to the legal counsel is attached for your mformation. RECOMMENDA TION Public Works 1591 Park Road Phone 952.227 1300 Fax 952.2271310 Staff recommends that the CIty Council release Lot 1, Block 1 from the Development Contract dated February 14, 1991, recorded Apn126, 1991 as Document No. 123344 m the Office of County Recorder, State of Minnesota, County of Carver. Senior Center Phone 952.2271125 Fax 952.227 1110 Web Site www.ci.chanhassen.mn.us c: KezIa Coleman, MesserlI & Kramer, P.A. G:\ENG\PROJECTS\A-E\Chan Haven Plaza\8-28-06 CC memo. doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. RELEASE OF DEVELOPMENT CONTRACT RELEASE granted this 28th day of August, 2006, by the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). WHEREAS, the City has been requested to release and discharge a certain lot from a Development Contract; and WHEREAS, there is no present need to have the Development Contract recorded against the lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: Lot 1, Block 1, CHAN HAVEN PLAZA 3RD, is released and discharged from the Development Contract dated February 14, 1991, recorded April 26, 1991 as Document No. 123344 in the Office of County Recorder, State of Minnesota, County of Carver. Dated this _ day of ,2 . CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor (SEAL) AND Todd Gerhardt, City Manager/Clerk 1 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,2271100 Fax 952.2271110 Building Inspections Phone 952.2271180 Fax 952.227 1190 Engineering Phone 952,2271160 Fax 952,227 1170 Finance Phone 952,227 1140 Fax: 952.2271110 Park & Recreation Phone: 952,2271120 Fax 952.2271110 Recreation Center 2310 Coulter Boulevard Phone 952.2271400 Fax 952.2271404 Planning & Natural Resources Phone 952.2271130 Fax 952,227 1110 Public Works 1591 Park Road Phone 952.2271300 Fax 952.2271310 Senior Center Phone 952,227 1125 Fax 952.227 1110 Web Site www.ci.chanhassen.mn.us August 28, 2006 Ms. Kezla I. Coleman Paralegal MesserlI & Kramer P.A. 150 South Fifth Street, SUIte 1800 MinneapolIs, MN 55402-4218 Re: Lot 1, Block 1 Chan Haven Plaza 3rd, City Project Number 91-2 Messerli & Kramer P.A. File Number 13525-2 Dear Ms. Coleman, Per your requests dated July 20, 2006, the City of Chanhassen IS not aware of any claims or lIabIlIty for mdemmficatlOn under the followmg Easements which would encumber the land or extend to the owner of the land: Watermam and Samtary Sewer Easement Agreement dated March 26, 1991, recorded Apn126, 1991 as Document No. 123349; and Dramage Easement Agreement dated March 26, 1991, recorded Apnl 26, 1991 as Document No. 123350; and Landscape Easement Agreement dated July 8, 1993, recorded November 4, 1993 as Document No. 157557. Please contact me if you require any further documentatIon regarding this issue. Sincerely, CITY OF CHANHASSEN Todd Gerhardt CIty Manager G:\ENG\PROJECTS\A-E\Chan Haven Plaza\No claims for easement agreements,DOC 1 The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play, STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2_, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by the its City Council. NOTARY PUBLIC 2