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HomeMy WebLinkAbout4.g. Rosemount Market Square: Acknowledgement of Satisfaction �.a, � City of Rosemount Executive Summary for Action City Council Meeting Date: Se�tember 6. 1994 � A eada Item: Rosemount Market Square: Agenda Sections I g Acknowledgement of CQNSENT AGENDA Satisfaction ' Prepared Bye Richard Pearson Agend��� � j � I Assistant Planner +���� Attachmeats: Acknowledgement of Approved By: Satisfaction The attached form will release the developer/owner of Rosemount Market Square, Carlson Farms, and property owners from development agreements previously executed in 1982 and 1990 . These Agreements secured the installation of infrastructure to serve the Rosemount Market Square property and peripheral sites. The city engineer is satisfied that the obligations of the developer specified by those Agreements have been fulfilled. The current Rosemount Market Square Agreement is still in effect. Recommended Action: A MOTION to authorize the Mayor and City Clerk execute the Acknowledgement of Satisfaction. City Council Actioa: 9-06-94.001 �, ` ACKNOWLEDGEMENT OF SATISFACTION AND RELEASE This Acknowiedgement is given by the City of Rosemount, Minnesota {"City") as of August 17, 1994. Recitals City entered into a Subdivision Development Agreement dated August 17, 1982 with James R. Evenson and Nancy A: Evenson that was recorded as document number 612386 on December 1, 1982 with the Dakota County Recorder (the " 1982 Agreement") with respect to land described as South Rose Park 2nd Addition. Ciry also entered into an Agreement dated June 5, 1990 with Carlson Farms of Rosemount with respect to the property described on Exhi6it A (the N1990 Agreement°�. This Agreement was recorded two times on June 25, 1990 as document numbered 943777 and 943779 with the Dakota County Recorder. City has also entered into Subdivision and Planned Unit Developrnent Agreement (°PUD Agreement"} dated June 9, 1994 with Carlson Properties of Rosemount and Rosemount Properties LLC, successors in interest to Carlson Farms of Rosemount. The title insurance company for Rosemount Properties LLC wishes to simplify the title record by filing an Acknowledgement of Satisfaction and Release by the City with respect to the 1982 and 1990 Agreernents. Now therefore, in response to the request ofi Rosemount Properties LLC, City makes the following acknowledgement and Release. Acknowledgment and Release 1. This is to acknowledge that: a.} All acts to be done by the Developer under the t982 Agreement, including looping of the water main, have been done and Gity is satisfied with such acts and nothing further needs to be done with respect to that Agreement. b.) The Plat for Rosemount Market Square that has now been filed of record incorporates the necessary utility easements for the sanitary and storm sewers and water mains contemplated by the 1982 Agreement and incorporates the requirements of the 1990 Agreement by changing the property lines of Lot 4. 2. City declares the 1982 and 1990 Agreements satisfied and releases the property burdened thereby from the requirements of the 1982 and 1990 Agreements. City of Rosemount by E.B. McMenomy, Mayor by Susan M. Walsh, Ciry Clerk , _ ..,� State of Minnesota ) ) ss County of Dakota ) The foregoing instrument was executed and acknowledged before me this day of August, 1994, by E.B. McMenomy and Susan M. Walsh, the Mayor and City Cierk respectively of the City of Rosemount. Notary Pubiic This document drafted by John G. Hoeschler 420 Pilisbury Center North 200 South Sixth Street Minneapolis, MN 55402 c:\jgh\181\02\acknofsa.ack ' , • - -- — . Exhlbit A Parcel A . All tLat pazt of the weat 225.00 toet ol.Lot 1, elock l, Souuh ltose Park Addition Rap].et, according to the recorded plat ehereaf, Dakota County, Ninnesocn vhich lies soutb of a �ine beginnirtg at a poinc oa ehe west lina o£ edid Lot l, d�.stant 208.33 feec nouth of tbe northw£st aorncr o� said Loc 1; thenc�. eo�tecly at right angiee co eald west line, a diatance o£ 225.00 leat end there terminnting. PAttCEL S � The ea�st A3.00 �eeC oE the rreet 268.00 teeC, de meaeured at right enqlea to and parellel vrlth the west line, at I.ot 1, Block 1, Sauth Roee Park Addition R�plat, eccordiny to the recorded plet �hereof, Dakota Gounty, Minnesote, vhich lie� souch o! a line bcginniny ac e point on the rvest line of snid Loc 1, �diatanG 208.33 feet eouth of tne northweat corner of seid Lot l; thence eaeterly at righc angles co sald Nest line, a distence of 268.Q0 leet and there terminoting. �