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09-046CITY OF SHOREWOOD RESOLUTION NO. 09-046 A RESOLUTION APPROVING AN AMENDED AND RESTATED DECLARATION FOR GI EON COVE WHEREAS, a final plat was approved by the City of Shorewood in 1992 for a Planned Unit Development (PUD) known as Gideon Cove; and WHEREAS, Shorewood Resolution No. 51-92, approving the final plat for Gideon Cove and authorized the Mayor to enter into a Planned Unit Development Agreement, which was executed on 8 September 1992; and WHEREAS, the Planned Unit Development Agreement stipulated that the City would be a signatory to the Declaration of Covenants Conditions and Restrictions for Gideon Cove; and WHEREAS, the Gideon Cove Homeowners Association, Inc. proposes to adopt an Amended and Restated Declaration, which allows the Association to "opt-in" to provisions of the Minnesota Common Interest Ownership Act, thereby enjoying the advantages therein; and WHEREAS, the Amended and Restated Declaration was considered by the City Council at its 10 August 2009 regular meeting, at which time comments and reports were considered by the City Planning Director and the City Attorney; and WHEREAS, the City Council has determined that the City's interests in the Gideon Cove PUD, are preserved in the Amended and Restated Declaration; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Gideon Cove Amended and Restated Declaration, dated 25 August 2009, is hereby approved. 2. The Mayor is hereby authorized to execute the Amended and Restated Declaration, attached hereto and made a part hereof, on behalf of the City Council. 3. The Amended and Restated Declaration shall be recorded with the Hennepin County Recorder within 30 days of the date of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2009. CHRISTINE LIZEE, MAYOR ATTEST: ADMINISTRATOR/CLERK