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HomeMy WebLinkAboutCreekside in Orono Declaration Amendment - Recorded 6.15.2020Existing Certs 1411090 Doc No T06722060 Certified, filed and/or recorded on Jun 15, 2020 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 153 Pkg ID 2019075E Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. DECLARATION AMENDMENT THIS DECLARATION AMENDMENT (Amendment) is made on ? % , ZDZO 2020 by Hometime Video Publishing, Inc., a(n) Wisconsin Corporation (Declarant) and accepted by Minnehaha Creek Watershed District (MCWD), a special purpose local unit of government with purposes and powers pursuant to Minnesota Statutes chapters 103B and 103D. RECITALS WHEREAS Declarant owns real property within the City of City of Orono, Hennepin County, Minnesota, platted and legally described as: Lot 6, Block 1, Creekside in Orono (the Property) and no one other than Declarant, has any right, title or interest in the Property; and WHEREAS in fulfillment of a condition of approval of MCWD permit no. 04-232, Declarant recorded a declaration committing to performance of certain maintenance requirements and to adhere to certain restrictions on activities in wetland buffer area on the Property, and such Declaration was filed and recorded on the Property in the Office of the Registrar of Titles, Hennepin, Minnesota, as document no. T4071992 on January 31, 2005 (the Declaration); WHEREAS the site plan for the work permitted under MCWD permit no. 04-232 was modified from that shown in Attachment A to the Declaration, and MCWD's approval of the revision to the site plan was conditioned on amendment of the Declaration to incorporate the revised site plan showing the buffer width changes on the Property requiring maintenance in accordance with the terms of the Declaration, and Declarant and MCWD wish to amend the Declaration to replace Attachment A solely with respect to the Property, with the revised site plan as shown in Attachment A-1 to this Amendment. NOW, THEREFORE, Declarant makes and MCWD accepts this Amendment, and both parties declare that the Declaration, as amended, constitutes covenants to run with the Property in perpetuity, and further declares that the Property will be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration, as amended, all of which will be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns. The Declaration is amended as follows: A. The site plan attached to the Declaration as Attachment A is deleted, solely for the Property, and is replaced with Attachment A-1 to this Amendment. B. Prior Declaration Amended. The Declaration is amended on the filing of this Amendment for recordation with the Office of the Registrar of Titles, Hennepin County, Minnesota. C. Except as expressly amended hereby, all terms of the Declaration remain valid, effective and legally enforceable. D. Recitals. The recitals set forth above are expressly incorporated herein IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: HOME VIDEO PUBLIS G, INC. . �rz By: Dean D. Joho President Hometime Video Publishing, Inc. State of County of This instrument was acknowledged before me on TT , 2020, by Dean D. Johnson, as President of Hometime Video Publishing nc., a Wisconsin corporation, on behalf of such entity. (Signature of notarial officer) (Stam ) �Z Title (and Rank My commission expires: 50t�+y :3,v,'2u, Ca(nnion txpile5Jan23 Watershed District accepts the above Amendment: Date: By:— Its:(,((IUI'1 , STATE OF MINNESOTA ss. COUNTY O ) may/ This instrument was acknowledged be re me on / `Z 2020 by l Y -k -k- a as Minnehaha Creek atershed District on behalf of the organization. (Signature of N tarial Officer) (Title) My commission expires: D. This Instrument Was Drafted By: Minnehaha Creek Watershed District E41 DEBRA J JOHNSON NOTARY PUBLIC • MINNESOTR My Commission Expires 01131/2023 Attachment A-1 Site Plan (see next page) r =j0= M- m � m � ' m < 0 c c m < z z A Z � � { v� Fn E _ O n z�m o�mV1 0 m A D = m A ,s�j z (1) mc N m Z ZO1 D M D m ZO C-) O D O O Om in -0 Don m 1 N O A _ m C (Dil M- m C)�z A m > O-IA0 v Z m 0 0� m o C a N Z 3 N m 73 N ((n n z ! m x _ O O O � I r+ cn rn G) 2 00 �c o N lO (D m cnQ a(D CD I W W 00 O z 00 tD 0 f cu (n mmzm=y D::; R ;u �` II w O C a 0 � N m m z O m 3 c,4 on01 N 1D O ((DD 3N�: N (D o O + 0 fi O 7 W m m m x om m Z 30 'o m Z o 0 0 0� O 0 0 0 m m 7 0 O C --J-,- -------------- _ 52,�,: S 205.68•E S14 g 2•W �;\ 245.55 WOWS 2'W '589 A. ------- '\.r--. 245.55 NO'O6'12•W