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376Z034
<br />AMENDMENT TO DECLARATION OF
<br />COVENANTS, CONDITIONS AND RESTRICTIONS
<br />THIS AGREEMENT is made effective as of the 1st day of
<br />February, 1993, by and among the undersigned owners of the
<br />parcels of real estate situated in Hennepin County, Minnesota,
<br />legally 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, 1988, by and among
<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, Richard F. Kyle
<br />and Kathleen A. Kyle, husband and wife, and Builders
<br />Development & Finance, Inc., a Minnesota corporation, filed for
<br />record in the office of the County Recorder in and for Hennepin
<br />County, Minnesota on August 17, 1988 and recorded as Document
<br />No. 5444195, and filed for record 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 />"Declaration"), the three residential lots and the four outlets
<br />in the plat of Bayside Landing, Hennepin County, Minnesota, and
<br />the other, unplatted real property included in the description
<br />of Parcel 5 on Exhibit "A" attached hereto, were subjected to
<br />certain covenants, conditions, restrictions and easements, as
<br />set forth in the Declaration.
<br />B. Pursuant to paragraph 8 of the Declaration, the
<br />covenants, conditions, prohibitions and reservations contained
<br />in paragraphs 1 through 7 of the Declaration may be amended by
<br />an amendment executed by Landmark Construction, Inc. or its
<br />assigns and the owners representing 75% ( 100% unti 1 there are
<br />more than three lots) of the lots subject to the Declaration;
<br />and pursuant to paragraph 9 of the Declaration, the
<br />restrictions therein contained on the outlets in said plat of
<br />Bayside Landing may be amended by all parties having a recorded
<br />interest therein, with the concurrence of governmental agencies
<br />having jurisdiction.
<br />C. Landmark Drive Homeowners Association,
<br />non-profit corporation, holds the rights granted
<br />Construction, Inc. under the Declaration.
<br />a Minnesota
<br />to Landmark
<br />D. The owners of Lot 1, Block 1, Bayside Landing, have
<br />caused the same to be subdivided and replatted as Lots 1 and 2,
<br />Block 1, Bayside Landing Second Addition.
<br />E. The owner of Lot 1, Block 1, Burger's Bayside,
<br />Hennepin County, Minnesota, has subdivided or is in the process
<br />of subdividing said real property and replatting the same as
<br />Lots 1 and 2, Block 1, Burger's Bayside Second Addition,
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