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HomeMy WebLinkAboutItem 06.j Date: Item No. Consent of the City of Lakeville to Amended and Restated Declaration of Somerset Proposed Action Staff recommends adoption of the following motion: Move to approve Consent to Amended and Restated Declaration of Somerset. Overview Somerset is a townhouse homeowners association located in Bracketts Crossing, Bracketts Crossing Second Addition and Bracketts Crossing Third Addition. (see attached location map). An attorney for the homeowner’s association has prepared an Amended and Restated Declaration of Covenants for all properties within the association. It is proposed that City owned Outlots A and B, Bracketts Crossing not be included in the properties that are covered by and bound to the amended and restated covenants. City staff and the City Attorney have reviewed the proposed consent and recommend City Council approval. Primary Issues to Consider • None. Supporting Information • Consent of the City of Lakeville, Minnesota to Amended and Restated Declaration of Somerset (The copy of the consent form included in the packet is stamped DRAFT. A clean copy for the Mayor and City Clerk’s signature will be provided at the meeting) Financial Impact: None Budgeted: Y☐ N☐ Source: Related Documents: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: David L. Olson, Community & Economic Development Director November 4, 2019 3218236.v1 CONSENT OF THE CITY OF LAKEVILLE, MINNESOTA TO AMENDED AND RESTATED DECLARATION OF SOMERSET The City of Lakeville, Minnesota (the “City”), a Minnesota municipal corporation, in its capacity as the record owner of Outlots A and B, BRACKETTS CROSSING SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota (collectively, the “Outlots”), hereby approves of, assents to, and consents to, the Amended and Restated Declaration of Somerset (the “Amended and Restated Declaration”), which has been reviewed by the City. The City hereby approves of, assents to, consents to, and joins in, any court or administrative proceeding necessary to record the Amended and Restated Declaration in the office of the County Recorder in and for Dakota County, Minnesota, and to carry out the intent of the Amended and Restated Declaration. The City acknowledges, agrees, and consents that (i) neither of the Outlots is a “Lot” (as that term is defined in the Declaration of Covenants, Conditions and Restrictions of Summerset Association recorded in the office of the County Recorder in and for Dakota County, Minnesota (the “Recorder”), on June 3, 1993, as Document No. 1123404, as previously amended and/or supplemented (collectively, the “Existing Declaration”), which term is synonymous with the term “Unit,” as that term is defined in the Amended and Restated Declaration), (ii) neither of the Outlots is part of the “Common Area” (as that term is defined in the Existing Declaration, which term is synonymous with the term “Common Elements,” as that term defined in the Amended and Restated Declaration), and (iii) the Outlots were conveyed by the developer of Somerset to the City pursuant to that certain Warranty Deed, dated August 31, 1993, and recorded in the Recorder’s office on December 7, 1993, as Document No. 1172760. Accordingly, the City hereby acknowledges, agrees, and consents that the Outlots shall not be (and shall not be deemed to be) part of the “Property” (as that term is defined in the Amended and Restated Declaration), or be subject to (or affected by) the “Governing Documents,” the “Rules and Regulations,” and the “Act” (as all of those terms are defined in the Amended and Restated Declaration). The City acknowledges that certain changes may be made by the Association to the Amended and Restated Declaration (after the date this Consent is signed by the City) to (i) make the Amended and Restated Declaration comply with any recording procedures and any requirements or recommendations of any governmental department or personnel within Dakota County, Minnesota, (ii) comply with any relevant laws relating to the Amended and Restated Declaration, (iii) correct any typographical (and scrivener’s) errors or minor drafting omissions in the Amended and Restated Declaration, and (iv) comply with reasonable requests made by mortgage holders or mortgage servicers (concerning the Lot) (related to their approval (if necessary) of the Amended and Restated Declaration), and the City hereby consents to all such changes. The City hereby acknowledges that this Consent may be attached to, and made part of, the Amended and Restated Declaration prior to the recording of the Amended and Restated Declaration in the Recorder’s office (if and after the Amended and Restated Declaration is approved in accordance with the Existing Declaration). 2 3218236.v1 CITY OF LAKEVILLE, MINNESOTA: By: , Mayor By: , City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___________ day of _______________________, 2019, by ________________________________________ and _________________________________________, who are the Mayor and the City Clerk, respectively, of the City of Lakeville, Minnesota, a Minnesota municipal corporation, on behalf said corporation and pursuant to the authority granted by the City Council of the City of Lakeville, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Fredrick R. Krietzman, Esq. FELHABER LARSON 220 South 6th Street, Suite 2200 Minneapolis, Minnesota 55402 (612) 373-8418