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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,
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