2020.01.06 RESO 2020-6 Terminate Restrictive Covenants on Scanan Property

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RESOLUTION NO. 2020-6 A RESOLUTION APPROVING THE TERMINATION OF THE DEVELOPMENT AGREEMENT AND RESTRICTIVE COVENANT FOR PROPERTIES LOCATED GENERALLY SOUTH OF 177TH STREET NORTH AND WEST OF HENNA AVENUE NORTH WHEREAS, on March 7, 1994, the City Council approved Wayne Scanlan s proposed minor subdivision of a twenty-acre parcel into two ten-acre parcels, legally described as That part of the South Half of the Southwest Quarter of the Northwest Quarter, Section 3, Township 31 North, Range 21 West, Washington County, Minnesota, lying west of the East 665 feet thereof ("Parcel A") and The East 665 the South Half of the Southwest Quarter of the Northwest Quarter, Section 3, Township 31 North, Range 21 West, Washington County, Minnesota ("Parcel B"); and WHEREAS, a condition of approval of the subdivision required Mr. Scanlan to combine Parcel A with the parcel legally described in the attached Exhibit 1 ("Parcel C"); and WHEREAS, Washington County declined to approve the parcel combination; and WHEREAS, on or about February 21, 1995, the City Council approved and entered into that certain Development Agreement and Restrictive Covenants dated February 21, 1995, and recorded in the Washington County Recorder's Office on May 17, 1995, as Document Number 840822 ("the Development Agreement"), which provides that going forward Parcel A and Parcel C shall be considered and treated as one parcel of land and cannot be sold separately; and WHEREAS, the properties have been used and taxed as separate parcels; and WHEREAS, the property owner has requested the termination of the Development Agreement and Restrictive Covenants; and WHEREAS, on January 6, 2020, the property owner received approval from the City Council of a variance for Parcel A and conditional use permit for Parcels A, B and C, which approvals make the Development Agreement and Restrictive Covenants unnecessary.