04-13-1992 Council Packet - Laserfiche WebLink

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,|rA- r Ct- 4 %: 'f .■ . m. &: S'I' |is"^m. Is.ft I'V m § % I I'-4>- SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS THIS SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVl^NANTS, CONDITIONS AND RESTRICTIONS (the ■Amendment") is made an entered into as of the 15th 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 tnat 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 (the "Recorder") on October 17, 1990 as Document No. 5713561, as amended by that certain First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions dated as October 1, 1991 and filed for record with the Recorder on , 1991 as Document No.(collectively, the "Declaration") (all capitalized 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 valuable 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. That portion of Outlot A legally described on Exhibit ”1" attached hereto shall be and hereby is released from the Declaration. 2. Sections 3.6 and 3.7 of the Declaration shall not apply to Outlot A. 3. On September 1, 1995, the Declaration shall not apply to Outlot A. 4. This Amendment may be executed in counterparts 5. Except as hereby amended, the Declaration shall remain unmodified and in full force and effect.