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'if k' ' <br />■;:> <br />\t\: <br />: • <br />iv <br />hi <br />v' <br />p* <br />ic. fei’;'*> <br />H <br />.?!'■ <br />I <br />»- . <br />\ <br />Tos Chairman Kelley and Planning Commiss.lon Membefi*^ <br />Mayor Peterson and City Council > <br />Ron Moorse, City Administrator <br />& <br />% <br />•7/. <br />Fron: <br />Date: <br />Subject <br />Jeanne A. Mabusth, Building & Zoning Administrator^^ <br />April 7, 1992 <br />#1532 Fullerton Properties, Inc., 225 Sixth Avenue North <br />Approval of First Amendment to Declaration of Easement, <br />Covenants, Conditions and Restrictions for Shadowood Plat <br />List of Exhibits - <br />A - Minutes of 11/12/91 Council Meeting <br />B “ Staff's Letter to Fullerton Properties <br />C - Declaration of Easements, Covenants, Conditions and <br />Restrictions <br />D - First Amendment to Declaration of Easements, Covenants, <br />Conditions and Restrictions <br />E - Second Amendment to Declaration of Easements, Covenants, <br />Conditions and Restrictions <br />F - Disposition of Outlet B <br />G - Consent to Second Amendment to Declaration of Easements, <br />Covenants, Conditions and Restrictions <br />H - Legal Combination of Outlet A with Jim Cox Homestead Parcel <br />Review of Request <br />• At the November 12, 1991 meeting of the Council, Fullerton <br />Properties, Inc's request to amend the covenants of the Shadowood Farm <br />Plat was tabled until the City had received confirmation that all <br />current property owners within the Shadowood Farm Plat concurred with <br />the proposed amendment. Review Exhibits G and I. Jim and Leslie <br />Hanson, the only other lot owners within the Shadowood Farm, have <br />submitted written consent approving the amendment involving Outlot A. <br />Review Exhibit H. Mr. Cox has completed the application for the <br />legal combination of Outlot A with his homestead property. The <br />covenant would release Outlot A from the special guidelines for <br />development, maintenance of road, etc. Review Exhibit C. Th <br />exclusion of Outlot A from these private covenants will have no impact <br />on the City's ordinance as long as the legal combination has been <br />completed. Staff recommends that the Mayor and City Clerk be directec <br />to execute the amendment to the covenants that would release Outlot A <br />from the declaration. Review Exhibit I. The shaded area of Outlot A <br />shall be released immediately and the entire Outlot A shall be <br />released by September 1, 1995. Mr. Franks no longer proposes a second <br />amendment to the covenants, the amendment involving Outlot A shall be <br />renamed First Amendment to the Covenants. An amended covenant will be <br />prepared for the Mayor's execution at your meeting.