HomeMy WebLinkAboutResolution 4608
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RESOLUTION NO. 4608
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE RELEASE OF LAND FROM CONTRACT
FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY AND EVEREST DEVELOPMENT, LTD.
WHEREAS, the City entered into a Contract for Private Redevelopment,
dated January 11, 1988 with Everest Development, Ltd.; and
WHEREAS, the City entered into a First Supplement to the Contract for
Private Redevelopment dated November 15, 1989 which identified six improved
parcels located with the Redevelopment Property; and
WHEREAS, Everest Development, Ltd. has requested that the city release
a portion of the previously platted Outlots A and B, Mounds View Business
Park, replatted as Lot 1, Block 1, Mounds View Business Park East Addition
from the terms, convenants, conditions, restrictions and provisions of the
Contract for Private Redevelopment and the Quit Claim Deed, dated December
12, 1988; and
WHEREAS, Everest Development, Ltd., has provided the City with a
.ELEASE OF LAN. D FROM CONTRACT FOR PRIVATE REDEVELOPMENT, attached hereto as
ttachment A; and
WHEREAS, the release of the land is requested because some of the
properties would be involved in the platted lot upon which the C. G. Hill
project is to be constructed.
NOW, THEREFORE, BE IT RESOLVED THAT the city Council in and for the
city of Mounds View does hereby authorize the release of property described
as Outlots A and B, Mounds View Business Park and authorizes the Mayor and
Clerk~Administrator to execute the RELEASE OF LAND FROM CONTRACT FOR
PRIVATE REDEVELOPMENT, attached hereto as Attachment A.
( SEAL)
1994.
ATTEST:
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ATTACHMENT A TO RESOLUTION NO. 4608
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RELEASE OF IJUlD FROM
COR'rRAC~ FOR PRIVATE REDEVELOPMENT
THIS RELEASE IS MADE and given effective this 25th day of _
July , 1994 by and between the City of Mounds View, Minnesota,
a municipal corporation (the "City") and Everest-Development, Ltd.
and Commercial Property Investment,
tnc. ,
both Minnesota
corporations (collectively the "Redeveloper").
RECITALS
FIRST: - The City entered into that certain Contract for
Private Redevelopment (the "Contract") dated January 11, 1988 with
the Redeveloper for the redevelopment of property located in City
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of Mounds View, Ramsey County, Minnesota, described in said
Contract (the "Redevelopment Property"). Redeveloper represents
that the Contract has been recorded as Document No. 867972 of the
files of the Registrar of Titles of Ramsey County, Minnesota.
SECOND: The City and Redeveloper entered into that certain
First Supplement to Contract for Private Redevelopment (the "First
Supplement") dated effective November 15, 1989 and registered as
Document No. 910171, files of Registrar of Titles. The Redeveloper
represents that the First Supplement was joined in by other parties
subsequently acquiring an interest in the Redevelopment Property
and identified
six improved parcels
located within the
Redevelopment Property developed and improved by the Redeveloper
pursuant to the Contract.
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THIRD: Redeveloper represents that the Redevelopment Property
also included all or a portion of property subsequently platted as
Outlots A and B, Mounds vie~ Business Park, a portion of which has
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been further replatted as Lot 1, Block 1 Mounds view Business Park
East Addition, all located in Ramsey County, Minnesota, hereinafter
referred to as the "Release Property". Redeveloper represents that
the Release Property has not been improved and its development by
the Redeveloper was not required under the terms of the Contraot as
supplemented by the First Supplement.
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FOURTH: Redeveloper represents that Outlot B of Mounds view
.....
Business Park has been conveyed by the City to Everest Investments
Limited Partnership, a Minnesota Limited Partnership, by Quit Claim
Deed dated December 12, 1988 and registered as Document No. 887969,
files of the Registrar of Titles of Ramsey County, Minnesota (the
"Quit Claim Deed"). The Quit Claim Deed was given subject to the
terms and conditions of the Contract and contains covenants and
agreements with respect to the performance of the Contract by the
grantee named therein and its successors.
FIFTH: Redeveloper and the grantee named in the Quit Cla~
Deed have requested that the Release Property be released from the
terms, covenants, conditions, restrictions and provisions of the
Contract and from those provisions of the Quit Claim Deed
pertaining thereto and the City has determined that the Release
Property may be so released.
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RELEASE
NOW, THEREFORE, in consideration of the foregoing, the City
and the Redeveloper agree and declare that the Redevelopment
Property as identified in the Contract shall be amended to exclude
the Release Property to the extent said property or portions
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thereof were ever included within the ,Redevelopment Property, and
that said Release Property is hereby declared to be released from
the terms, conditions, obligations, covenants and restrictions
contained in the Contract and the First Supplement and the
covenants and conditions contained in the Quit Claim Deed, to the
extent said properties or portions thereof were ever included
therein or subject thereto, all the same as though said Release
Property had never appeared in the Contract, the First Supplement
or the Quit Claim-Deed, the terms and conditions of which this
Release shall not otherwise affect or diminish.
CITY OF MOUNDS VIEW
By~4~
? Mq~ -
Its Ci tv Clerk - Administrator
EVEREST DEVELOPMENT, LTD.
By
Its
COMMERCIAL PROPERTY INVESTMENT,
INC.
By
Its
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STATE OF MINNESOTA
SSe
COUNTY OF RAMSEY
The foregoing was acknowledged before me this day of
, 1994 by Jerry Linke and Samantha Orduno, the Mayor
and the City Clerk-Adlninistrator, respectively- of the city of
Mounds view, a municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss-
COUNTY OF RAMSEY )
day of
, the _
of the Everest Development f Ltd - a
on behalf of the corporation-
The foregoing was acknowledged before me this
, 1994 by
Minnesota corporation,
Notary Public
STATE OF MINNESOTA )
) SSe
COUNTY OF RAMSEY )
day of
, the
of the Commercial Property Investment,
Inc., a Minnesota corporation, on behalf of the corporation.
The foregoing was aCKnowledged before me this
, 1994 by
..
Notary Public
006305-940006
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