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HomeMy WebLinkAboutResolution No. 2023-40 Rescending Resolution No. 2014-29CI 1 INA RESOLUTION NO. 2023-40 RESOLUTION RESCINDING RESOLUTION NO. 2014-29 WHEREAS, on March 18, 2014, the City Council of the City of Edina, Minnesota ("City Council"), approved RESOLUTION NO. 2014-29, APPROVING PRELIMINARY REZONING FROM MDD-6, MIXED DEVELOPMENT DISTRICT, PLANNED UNIT DEVELOPMENT, & OVERALL DEVELOPMENT PLAN FOR PENTAGON PARK (the "Resolution"); and WHEREAS, the Resolution included an Exhibit A, that included legal descriptions of the parcels to which the rezoning and Overall Development Plan applied (the "Property"); and WHEREAS, Section 2 of the Resolution made findings that the proposed land use was consistent with the Comprehensive Plan; met the purpose and intent of the PUD; created a more efficient and creative use of the property; and met seven goals and policies of the Comprehensive Plan; and WHEREAS, Section 3 of the Resolution approved the Preliminary Rezoning to PUD, Planned Unit Development & an Overall Development Plan for Pentagon Park, subject to 23 conditions of approval; and WHEREAS, the Resolution was recorded with the Office of the Hennepin County Registrar of Titles on September 25, 2014, as Document No. T05202503; and WHEREAS, the project that was contemplated for the Property was not constructed; and WHEREAS, by subsequent action of the City Council in Resolution 2022-92, a new development was proposed and approved, which necessitates the release of the Property from the preliminary rezoning and conditions of approval recorded Resolution 2014-29. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, that Resolution 2014-29 is rescinded in its entirety, and shall no longer be in effect or applicable to the Property because it is superseded by the rezoning and conditions of approval reflected Resolution 2022-92; AND BE IT FURTHER RESOLVED that the Property is released from the conditions enumerated in Resolution 2014-29; AND BE IT FURTHER RESOLVED that this Resolution shall be recorded with the Office of the Hennepin County Registrar of Titles, as evidence of the rescission by the City of Resolution 2014-29. 776417v? CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 Adopted by the Cit ATTEST: f the City of Edina, Minnesota, on , 2023. Sharon A liso , City Clerk James B. Ho land, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF EDINA CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and f reg ing Resolution was duly adopted by the Edina City Council at its Regular Meeting of , 2023, and as recorded in the Minutes of said Regular Meeting. , 2023. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2023, by James Hovland and Sharon Allison, respectively the Mayor and the City Clerk of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 DSK/akls WITNESS my hand and seal of said City this If I 114;1 Sharon Adson, City Clerk 226437v2