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RES 18-44CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-44 RESOLUTION RELEASING WILDFLOWER MEADOWS CONDOMINIUM ASSOCIATION FROM CERTAIN MAINTENANCE REQUIREMENTS WITHIN THE RECORDED DEVELOPERS AGREEMENT AND CONDITIONS OF APPROVAL- WILDFLOWER MEADOWS WHEREAS, the Wildflower Meadows Condominium Association (ASSOCIATION) was organized on or about April 2, 2009 pursuant to its Declaration as set forth in Document No. A 1113875 filed of record on April 3, 2009 at the Office of the County Recorder, Wright County, Minnesota: and WHEREAS, the Declaration affects the following described properties: Lots 1-5, Block 2; Lots 1-6, Block 3; Lot 1, Block 4; and Lots 1-5, Block 5 WILDFLOWER MEADOWS all according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, the ASSOCIATION has certain maintenance obligations as set forth in the Conditions of Approval for WILDFLOWER MEADOWS and the Development Agreement between the City of Otsego and the Rottlund Company, Inc. dated May 17, 2007 and recorded as Document No. A 1070472 at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, the ASSOCIATION has been maintaining certain portions of the Development within the right-of-way of Quenroe Avenue between 70th Street (CSAR 38) and 72"d Street, including a monument, fence, trees and plant material; and WHEREAS, the ASSOCIATION has requested that the City of Otsego (CITY) release it from any obligation to maintain the eastern side of Quenroe Avenue as described above; and NOW, THEREFORE it is hereby resolved by the City Council of the City of Otsego, Wright County, Minnesota as follows: The CITY hereby releases the ASSOCIATION from those specific maintenance duties within the east side of the right-of-way of Quenroe Avenue between 70 Street (CSAR 38) and 72nd Street, including maintenance of a monument, fence and trees. The ASSOCIATION will remove all plant materials. All other maintenance obligations of the ASSOCIATION contained in the Conditions of Approval for Wildflower Meadows or that Developers Agreement for Wildflower Meadows, Document No. 1070472, remain in force and effect. 2. CITY agrees to assume ownership of the monument, fence and trees within the east side of the right-of-way of Quenroe Avenue between 70th Street (CSAR 38) and 72nd Street to manage at its sole discretion, including but not limited to removal of any or all improvements APPROVED this 25th day of June, 2018 by the Otsego City Council. Motion to approve made by Council Member Warehime and seconded by Council Member Tanner. INYAVOR: Stockamp, Heidner, Warehime, Tanner OPPOSED: None CITY OF OTSEGO .) GAW'f f MUj?— Je sica Stockamp, Mayor Tami Loff, City Clerk 2