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HomeMy WebLinkAboutResolution 14-104 Resolution No. 14-104 A Resolution authorizing the Partial Release of Restrictive Covenant Whereas, the City of Brookings sold real property to the Brookings Economic Development Corporation, which is described as follows: - Lot One (1) of Block Five (5) in Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota; and - Lot Three "C" (3C) of Block Five (5) in Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota, and Whereas, the Deed to the above-described property included a Restrictive Covenant (covenant) which provided for several procedures to occur in the event the Brookings Economic Development Corporation did not develop the above-described property within three (3) years and a covenant pertaining to procedure in the event the Brookings Economic Development Corporation subdivides any undeveloped portions of the above- described property, and Whereas, the Brookings Economic Development Corporation has fully developed the above-described property by constructing the Brookings Technology Commercialization Center, and therefore the property has in fact been developed and there are no undivided portions which could be sold; accordingly, the Restrictive Covenants pertaining to these circumstances are no longer needed and are appropriate for Release; and Whereas, there is remaining a Restrictive Covenant requiring use of the above- described property in accordance with Resolution 77-13, which should continue in place, and therefore the Release described herein is a Partial Release of Restrictive Covenant on file with the Register of Deeds, Now, Therefore, It Is Hereby Resolved by the City Council that the Partial Release of Restrictive Covenant pertaining to the Real Property described above is approved, and the Mayor, City Clerk and City Manager are authorized to execute the documents required to complete the Partial Release of the above-described Restrictive Covenant. Passed and approved on the 25th day of November, 2014. CITY OF BROOKINGS . �r (�" � �� � l�- ''�\ �A�,o �,�o..N Tim Reed, Mayor W; �? MAR.9 :K , o' ts3 , � ��:, .•' •,,, •�N ornes, City Clerk