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1 <br />CITY COUNCIL AGENDA ITEM 1H <br /> <br />STAFF ORIGINATOR: Katie Larsen, City Planner <br /> <br />MEETING DATE: March 25, 2019 <br /> <br />TOPIC: Consider Resolution No. 19-41 Approving Declaration of <br />Restrictive Covenant for Main Street Shoppes 2nd Addition <br />VOTE REQUIRED: 3/5 <br />INTRODUCTION <br />Staff is requesting Council consideration of the Declaration of Restrictive Covenant as it <br />relates the existing private driveway and Declaration of Driveway Easement for Main <br />Street Shoppes. <br /> <br />BACKGROUND <br /> <br />On February 11, 2019, the City Council passed Resolution No. 19-09 approving the final <br />plat of Main Street Shoppes 2nd Addition. This plat located in the northeast quadrant of <br />Main Street and Otter Lake Road. One condition of approval is that the existing <br />Declaration of Driveway Easement be amended to include Lot 1, Block 1, Main Street <br />Shoppes 2nd Addition. <br /> <br />The proposed Declaration of Restrictive Covenant places a restrictive covenant on Main <br />Street Shoppes 2nd Addition prohibiting the conveyance of the property to a third party <br />until either an amendment to the Driveway Easement or a separate suitable reciprocal <br />easement is recorded against the Property, providing reciprocal access and utility rights <br />for the respective owner(s) of the property. <br /> <br />The City Attorney has reviewed and approved the proposed Declaration. <br /> <br />RECOMMENDATION <br /> Staff recommends approval of Resolution No. 19-41. ATTACHMENTS <br /> 1. Resolution No. 19-41 2. Declaration of Restrictive Covenant