4.7. SR 04-06-2015City of
Elk
River
Request for Action
To
Item Number
Mayor and City Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
Aril 6, 2015
Jeremy Barnhart, Deputy Director, CODD
Item Description
Reviewed by
Release of Planned Unit Development Agreement for
Cal Portner, City Administrator
Elk River Crossing
Reviewed by
Action Requested
Approve, by motion, the release of Lot 2, Block 1, Elk River Crossing Sixth Addition, Sherburne County,
Minnesota, from the Elk River Crossing Planned Unit Development Agreement.
Background /Discussion
In 2012, the city rezoned the property legally
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described above from Planned Unit
Development (PUD) to Business Park (BP) to
accommodate the use of the property by
= e
Sportech for light industrial uses. The building
was originally occupied by Maxsun Furniture.
The intent of rezoning the property was that it
no longer be a part of the planned unit
development.
During a recent title review, the property owner
found that the PUD Agreement remains on the
property's records, and requests the city release
r
the property from the PUD Agreement.
The Business Park Zoning District regulations
effectively govern the use of the property
consistent with the Comprehensive Plan. The
terms and conditions of the PUD Agreement
will remain in effect with respect to all of the
other properties that are set forth in the PUD
Agreement that have not been released.
Elk River
Crossing 6th
Financial Impact
None
Attachments
■ PUD Release
P0WIAEO 0
NaA f RE]
RELEASE OF PLANNED UNIT DEVELOPMENT AGREEMENT
THIS INSTRUMENT is made as of this day of , 2015, by the City
of Elk River, a Minnesota municipal corporation (the "City ").
WITNESSETH:
WHEREAS, the City is party to an agreement entitled Planned Unit Development
Agreement — Elk River Crossing dated December 21, 1999 and recorded January 3, 2000 with the
Sherburne County Recorder as Document No. 405505 (the "PUD Agreement "); and
WHEREAS, the PUD Agreement includes Lot 2, Block 1, Elk River Crossing, Sixth
Addition (the "Property ") as part of the planned unit development; and
WHEREAS, on April 16, 2012, the City Council adopted Ordinance No. 12 -07 that
rezoned the Property from "PUD Planned Unit Development" to `BP Business Park;" and
WHEREAS, the City's intent in rezoning the Property was that it no longer be a part of the
planned unit development; and
WHEREAS, the owner of the Property, Envision Company, LLC has requested that the
City officially release the Property from the PUD Agreement; and
WHEREAS, at its meeting on April 6, 2015, the City Council approved the release of the
Property from the PUD Agreement; and
NOW, THEREFORE, on the basis of the above, the City hereby releases the Property
from the PUD Agreement. The terms and conditions of the PUD Agreement shall remain in full
force and effect with respect all other properties set forth in the PUD Agreement that have not been
released.
458967vl SJS EL185 -31
IN WITNESS WHEREOF, the undersigned, duly authorized representatives of the City,
have executed this instrument as of the day and year first above written.
CITY OF ELK RIVER
By:
John J. Dietz
Its:
Mayor
By:
Tina Allard
Its:
City Clerk
STATE OF MINNESOTA
ss.:
COUNTY OF
SHERBURNE
The foregoing instrument was acknowledged before me this day of ,
2015, by John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, of the City of Elk
River, a Minnesota municipal corporation by and on behalf of the City.
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
458967vl SJS EL185 -31 2