HANDOUT ITEM
ITEM: 11.3 DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
Title
AUTHORIZE EXECUTION AND RECORDING OF CERTAIN DOCUMENTS NECESSARY FOR PROPER RECORDING OF CENTRAL AVENUE ACRES FOURTH ADDITION (WAL-MART REAL ESTATE BUSINESS TRUST)
Schedule of Actions
City Council Review |
04/19/12 |
Background
The City Council approved all of the necessary zoning and plat approvals for Wal-Mart in 2011. Since that time Wal-Mart has been working through real state, title and legal issues that were necessary for closing with the previous property owners. That closing has been in process over the past week or so. Part of the recording process at Anoka County has been put on hold in order to get City Council authorization on two documents that were signed by the City at the request of Wal-Mart title examiners. The two documents that were signed dealt with a) a private access easement on the Mega Stor mini storage facility and b) a release of the former CUP documents which covered the previous uses on the land being purchased by Wal-Mart.
While these documents were signed with the understanding that City Council authorization was not specifically needed the Torrens Title Examiner at Anoka County suggested earlier this week that a council resolution describing and authorizing recording of these documents would speed the recording process and save Wal-Mart other legal/administrative steps.
Recommendation
By motion, approve the Resolution.
Body
WHEREAS, this Council granted Wal-Mart Real Estate Business Trust ("Wal-Mart") Final Plat approval on August 4, 2011 for the plat of Central Avenue Acres Fourth Addition, in the city of Blaine, Anoka County, Minnesota; and
WHEREAS, Wal-Mart is in the process of completing the necessary real estate transactions in order to begin its building project on the real property subject to said Plat, and
WHEREAS, two documents have been signed by the City to facilitate those transactions on behalf of Wal-Mart, namely: 1) that certain Termination and Release of Easement in which the City disclaims any right title and interest in a private access easement crossing certain real property owned by Michael and Teresa McCauley to benefit MEGA-STOR, Minnesota common interest community Number 83 in the form set forth as Exhibit A; and 2) that certain Release of Land from Conditional Use Permits in which the City confirms that certain conditional use permits previously granted for uses that took place at the real property subject to the Plat have been terminated in the form set forth as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that the documents identified above are hereby approved and the Mayor or the City Manager are hereby authorized to sign the documents, and that the Council directs that both documents be released for recording at Anoka County.
PASSED by the City Council of the City of Blaine this 19th day of April, 2012.