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ARDEN HILLS CITY COUNCIL—FEBRUARY 8, 2016 5 Senior Planner Bachler recommended that the Council approve the Certificate of Completion and Release pertaining to the Development Agreement between Josephine East, LLC and the City of Arden Hills for the property at 3177 Shoreline Lane. Mayor Grant requested comment from the City Attorney. City Attorney Jamnik advised that when real estate transactions occur, the attorneys representing the purchaser often identify items in the title that raise concerns to them. The purchaser in this situation was represented by an attorney who reviewed the title and identified the development agreement as an issue that had implications for the purchaser. There was a question as to what areas of the agreement have been satisfied and more importantly, which ones remain unsatisfied. This led the purchaser to request that the City Attorney review the development agreement. This was done to eliminate the ambiguity with regard to the title. Councilmember Holmes stated that she believed that the development agreement was unique in this situation due to the fact that a street connection still hung in the balance. She explained that she held a discussion with the City Attorney and with Senior Planner Bachler. She feared that by usurping these two provisions, the City would be creating more confusion. She expressed concern with the assessment and escrow language that would remain within the development agreement. She wanted to see the subdivision plan if it existed and believed that more work needed to be done on this matter before it could receive Council approval. Councilmember Holden was unclear if the City had an easement to allow for the connection of the streets. City Attorney Jamnik reported that the City did not have any easement rights on the 3187 Lexington Avenue property as this was not part of the plat in 1999. It was his understanding that the City wanted to make a connection when and if the property at 3187 was split to create an additional lot. Mayor Grant recalled this being the case. He stated that it was unfortunate that the road was not pushed through when it was originally designed. It was his hope that the City would not make this mistake again in the future. Councilmember Holden questioned what right the City has to push the roadway through if 3187 was to split into two lots. City Attorney Jamnik commented that riparian law would allow for the roadway due to the fact that the new lot would require access to a roadway. Councilmember Holden questioned when the Council had to approve this request. Senior Planner Bachler indicated that this request was not on a strict timeline like other land use requests. Councilmember McClung questioned if the City could assess the benefitting properties if a roadway were to be pushed through.