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11-12-1991 Council Packet
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11-12-1991 Council Packet
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SECOND AMENDMENT TO DECLARATION <br />OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS <br />THIS SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVI.NANTS, <br />CONDITIONS AND RESTRICTIONS (the “Amendment") is made an entered <br />into as of the 15th day of October, 1991, ".y and between Fullerton <br />Properties, Inc., a winner^ota corporation ( Developer ), Cox <br />Brothers Farm, « Minr,^sota general partnership (“Lender"), and <br />James A. Cox and Bernadine A. Cox, husband and wife (collectivelv, <br />•Cox"), <br />RECITALS <br />A. The parties hereto entered into that certain Declaration <br />of Easements, Covenants, Conditions and Restrictions dated as of <br />October 9, 199C filed for record in the Office of the County <br />Recorder in and for Hennepin County# Minnesota (the "Recorder ) on <br />October 17, 1990 as Document No. 5713561, as amended by that <br />certain First Amendment to Declaration of Easements, Covenants, <br />Conditions and Restrictions dated as of October 1, 1991 and fried <br />for record with the Recorder on - - - -,1991 as Docum'^nt <br />Mo. (collectively, the “Declaration") (all capitalized <br />terms utilized herein and not separately defined herein shall have <br />the meanings ascribed to them in the Declaration). <br />The parties her**to des . to amend the Declaration. <br />AGREEMENTS <br />For good, fair and ..uable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, and in consideration <br />of the foregoing Recitals, the parties hereto h^^reby agree as <br />follows: <br />1. That portion of Outlot A legally described on Exl ibit “1 <br />attached hereto shall be and hereby is released from the <br />Declaration. <br />2. Sections 3.6 and 3.7 of the Deciaratic shall not apply <br />to Outlot A. <br />3. On September 1, 1995, the Declaratio!. ill not apply to <br />Outlot A. <br />4. This Amendment may be executed in counterparts. <br />5. Except as hereby amended, the Declaration shall remain <br />unmodified and in full foice and effect. <br />X:-.'
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