HomeMy WebLinkAboutResolution - 2014-41 - Amendment to Entrevaux Declaration of Covenants, conditions, Restrictions and Easements - 04/22/2014 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-41
A RESOLUTION CONSENTING TO THE AMENDMENT OF THE ENTREVAUX
DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS AND EASEMENTS
WHEREAS,the use and enjoyment of certain real property located within the City of Eden
Prairie ("City") is governed by the Entrevaux Declaration of Covenants, Conditions, Restrictions and
Easements, dated June 6, 2001 and recorded in the Office of the Hennepin County Recorder as
Document No. 7485021 (the "Declaration"); and
WHEREAS,the Entrevaux Homeowner's Association, a Minnesota non-profit corporation
(the "Association"), is responsible for exercising the powers and functions set forth in the
Declaration; and
WHEREAS, Article VI, Section 5, subparagraphs (b), (c), (d) and (e) of the Declaration
contain provisions relating to the Association's obligation to maintain, repair, restore, and replace, as
needed, monuments, landscaping, sidewalks, and other common areas in the property covered by the
Declaration; and
WHEREAS,Article VI, Section 5, subparagraph (f) of the Declaration provides that the
Association's covenants under subparagraphs (b), (c), (d) and (e) of that Section "shall be deemed for
the benefit of the City of Eden Prairie and may be enforced by the City of Eden Prairie"; and
WHEREAS, Article VII, Section 3 of the Declaration provides that Article VI, Section 5,
subparagraphs (b), (c), (d), (e) or(f) may not be amended or modified "without the written consent of
the City of Eden Prairie"; and
WHEREAS,the Association wishes to amend the Declaration, including Article VI, Section
5, subparagraphs (b), (c), (d), (e) and (f), and has requested the City's written consent to the
amendment pursuant to Article VII, Section 3 of the Declaration; and
WHEREAS,the Association's proposed amendments to Article VI, Section 5 of the
Declaration are minor and do not affect the City's substantive rights under the Declaration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby consents to the amendment of the Entrevaux Declaration of Covenants,
Conditions, Restrictions and Easements and hereby authorizes the Mayor and City Manager to
execute a consent to the amendment.
ADOPTED by the City Council of the City of Eden Prairie this 22°d day of April, 2014.
N4ac T - uk s, Mayor
ATTE T:
K leen Porta, City Clerk