04-13-1992 Council Packet - Laserfiche WebLink

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I . f: I FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS 0 r >\ r I ft: 1^' ii .4•- •* S', ■■ i: k. E ■ ■ /I sV.-r'' ! ip py'- f' I', ¥'r fr-' r w THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENJVNTS, CONDITIONS AND RESTRICTIONS (the "Amendment") is made an entered into as of the 1st day of October, 1991, by and between Fullerton Properties, Inc., a Minnesota corporation ("Developer"), Cox Brothers Farm, a Minnesota general partnership ("Lender"), and James A. Cox and Bernadine A. Cox, husband and wife (collectively, "Cox"). RECITALS A. The parties hereto entered into that certain Declaration of Easements, Covenants, Conditions and Restrictions dated as of October 9, 1990 filed for record in the Office of the County Recorder in and for Hennepin County, Minnesota on October 17, 199C as Document No. 5713561 (the "Declaration") (all capitaUzed terms utilized herein and not separately defined herein shall have the meanings ascribed to them in the Declaration). B. The parties hereto desire to amend the Declaration. AGREEMENTS For good, fair and vr.luable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the parties hereto hereby agree as follows: 1. With respect to Section 1.3(i) of the Declaration, reference to Outlot B therein is hereby deleted and Association shall have no obligation to construct, manage, improve, maintain, insure, repair or administer the private road, if any, on said Outlot B. 2. This Amendment may be executed in counterparts. 3. Except as hereby amended, the Declaration shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands as of the day and year first above written. "DEVELOPER" FULLERTON PROPERTIES, INC., a Minnesota corporation