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98-007 . . CITY OF SHOREWOOD RESOLUTION NO.- 98-007 RESOLUTION AUTHORIZING AN AMENDMENT TO THE COVENANTS FOR MARSH POINTE WHEREAS, Marsh Pointe, LLC. (Applicant) is the owner of a residential subdivision in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as "Marsh Pointe"; and WHEREAS, upon approving the final plat for Marsh Pointe, the City of Shorewood imposed a restriction on the use of a private driveway intended to serve Lot 10 and Lot 11 Block 1, limiting the use of said private driveway to said Lot 10 and Lot 11; and WHEREAS, the Declaration of Covenants for Marsh Pointe does not reflect the above-referenced restriction on the use of the private driveway, and WHEREAS, the Applicant now proposes to amend the Declaration of Covenants for Marsh Pointe to make it consistent with the City's final plat approval; and WHEREAS, any amendment to the Declaration of Covenants for Marsh Pointe must be approved by the City of Shorewood; and WHEREAS, the First Amendment to the Declaration of Covenants for Marsh Pointe has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the City Council, dated 22 January 1998, which memorandum is on file at City Hall; and WHEREAS, the First Amendment to the Declaration of Covenants for Marsh Pointe was considered by the City Council at a regular meeting of the Council held on 26 January 1998, at which time the Planner's Memorandum and the recommendations of the City Attorney were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the First Amendment to the Declaration of Covenants for Marsh Pointe is consistent with the City's original approval of the final plat for Marsh Pointe. 2. That Applicant shall cause to be recorded this Resolution together with the First Amendment to the Declaration of Covenants, for Marsh Pointe, attached hereto as Exhibit A, and made a part hereof, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of January 1998. . ATTEST: James C. urm, City Administator/Clerk