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L.. <br />/ <br />To:Mayor Peterson and City Council <br />Ron Moorse, City Administrator <br />Date: <br />Subject: <br />Jeanne A. Mabusth, Building & Zoning Administr^rr^ <br />November 6» 1991 9 <br />#1532 Fullerton Properties, Inc., 2225 Sixth Avenu^^ <br />North “ Request to Amend Declaration of Private <br />Covenants <br />List of Sxhibits - <br />A - Resolution Approving Plat of Shadowood Farm <br />B - Plat of Shadowood Farm <br />C “ Declaration of Easements, Covenants, Conditions 6 <br />Restrictions <br />D - Proposed First Amendment to Declaration <br />E - Proposed Second Amendment to Declaration <br />F - Preliminary Plat of Shadowood Farm <br />G - Fullerton Properties Request <br />Descriptlcm of Request <br />The developer, Fullerton Properties, seeks two £unendments of <br />the original Declaration of Covenants (Exhibit C). The first <br />involves the exclusion of Outlot B, the future road expansion <br />outlot to serve property to the south, from the Association's <br />responsibility *to own, construct, manage, improve, maintain, <br />insure, repair and administer a future private road to be <br />contained within Outlot B.” It would appear the developer not <br />only does not want to be responsible for share in maintenance and <br />upkeep of this section of road but wants to relinquish all <br />ownership of said road. The City has still to develop a <br />comprehensive procedure/policy for dealing with interconnecting <br />private roads. Similar issues were raised during the preview of <br />the Lombardozzi subdivision adjacent to the Wear subdivision. <br />What if future owners of Lot 3, Block 2 or Lot 10, Block 1 <br />seek a curb cut off of this new section of roadway? Is it the <br />intent of the City to have all property owners who benefit from <br />the use of these private road sections responsible or share in <br />the upkeep and maintenance of that road? The current covenant <br />should be amended to include assurance that all benefiting <br />property owners, whether within the Shadowood Farms plat or <br />adjacent to it, are to share in the upkeep of said roadway. <br />Before Council acts on this request, staff would recommend <br />that appropriate legal counsel be sought to consider all the <br />implications of this amendment. Council may remember that <br />Popham, Haik has a conflict of interest and we will be obliged to <br />use Mathew Selzer of Dorsey, Whitney for legal counsel on this <br />issue.