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376Z034 6039266 <br />AJ\fENDMENT TC DEr,LAP.ATION OF <br />!;QYENANTS, CONDITIONS ANry RESTRIC'TIONS <br />THIS AGREEMENT is made effective as of the 1st day of <br />February, 1993, by :md among i:he undersigned owners of the <br />parcels of real estate sit~ated in Hennepin County, Minnesota, <br />leqally described on Exhibit "A" attached hereto and made a <br />part hereof by reference. <br />The facts on which this Agreement is based are as follows: <br />A. Pursuant to that certain Declaration of Covenants, <br />Conditions and Restrictions, dated May 9, 19i38, by and an:ong <br />Betty L. Miner, single, individually and as Personal <br />Representative of the Estate of Andrew E. Miner, Landmark <br />Construction, Inc., a Minnesota corporation, R-:chard F. Kyle <br />and Kathleen A. Kyle, husband and wife, and Builders <br />Development & Finance, Inc., a Minnesota corporation, filed for <br />record in tt.e office of the County Recorder in and for Hennepin <br />County, Minnesota or, August 17, 1988 and recorded as Document <br />No. 5444195, ond filed for recocd in the office of the <br />Registrar of Titles in and for Hennepin County, Minnesota on <br />August 15, 1988 and recorded as Document No. 1951786 {the <br />•neclaration"), the three reside~tial lots and the four ou~lots <br />ln the pl:Jt of Baysi~e Landing, Henne~in County. Minnesota, and <br />t~c otJ-.er, unplattcd real property lnc!uded in the desc:r lptior. <br />of Parcel 5 on Exhibit •A• attached hereto, we:c subjected to <br />certair. co·.1enants, conditions, restrictions and easements, as <br />set torth i~ the Declaration. <br />B. Pursuant to paragraph 6 of the Declaration, the <br />covenants, conditions, prohibitions and reser..-ations ccntained <br />in paragraphs l through 7 of the Declarntion may be amended by <br />an umendment executed by Landr..ark Construction, Inc. or its <br />assig~s and the owners representing 75% ( 100% until t:here are <br />more than thre~ lots) of the lots subject to the Declaration; <br />a1.d pursuant to paragraph 9 of the Declaration, the <br />restrictions therein contsined on tha outlots in said plat of <br />Bayside Landing may be ar.iended by all parties having a recorded <br />interest therei~, with the concurrence of governmental agencies <br />h~ving jurisdiction. <br />c. Landmar:t Drive Homecwners Association, <br />non-profit corporation, holds the rights granted <br />Construction, !nc. under t~e Declaration. <br />a Minnesoto <br />to Landmark <br />D. The owners of Lot 1, Block 1, Bayside Landing, have <br />caused the same to be subdivided and Leplatted as Lots 1 and 2, <br />Block 1, Bayside Landing Second Addition. <br />E. :;.·he o:,;ner of Lot l, Block l, Burger• s Bayside, <br />Hennepin County, Minnesota, has subihvided or is in the process <br />of subdi•.tic;ing said real propen.y and replatting the same :.~ <br />Lots l and 2, Block 1, Burger's Bayside Second AGdition,