HomeMy WebLinkAbout#1171 Amendment to Declaration of Covenants, Conditions and Restrictions376Z034 6039266
AJ\fENDMENT TC DEr,LAP.ATION OF
!;QYENANTS, CONDITIONS ANry RESTRIC'TIONS
THIS AGREEMENT is made effective as of the 1st day of
February, 1993, by :md among i:he undersigned owners of the
parcels of real estate sit~ated in Hennepin County, Minnesota,
leqally described on Exhibit "A" attached hereto and made a
part hereof by reference.
The facts on which this Agreement is based are as follows:
A. Pursuant to that certain Declaration of Covenants,
Conditions and Restrictions, dated May 9, 19i38, by and an:ong
Betty L. Miner, single, individually and as Personal
Representative of the Estate of Andrew E. Miner, Landmark
Construction, Inc., a Minnesota corporation, R-:chard F. Kyle
and Kathleen A. Kyle, husband and wife, and Builders
Development & Finance, Inc., a Minnesota corporation, filed for
record in tt.e office of the County Recorder in and for Hennepin
County, Minnesota or, August 17, 1988 and recorded as Document
No. 5444195, ond filed for recocd in the office of the
Registrar of Titles in and for Hennepin County, Minnesota on
August 15, 1988 and recorded as Document No. 1951786 {the
•neclaration"), the three reside~tial lots and the four ou~lots
ln the pl:Jt of Baysi~e Landing, Henne~in County. Minnesota, and
t~c otJ-.er, unplattcd real property lnc!uded in the desc:r lptior.
of Parcel 5 on Exhibit •A• attached hereto, we:c subjected to
certair. co·.1enants, conditions, restrictions and easements, as
set torth i~ the Declaration.
B. Pursuant to paragraph 6 of the Declaration, the
covenants, conditions, prohibitions and reser..-ations ccntained
in paragraphs l through 7 of the Declarntion may be amended by
an umendment executed by Landr..ark Construction, Inc. or its
assig~s and the owners representing 75% ( 100% until t:here are
more than thre~ lots) of the lots subject to the Declaration;
a1.d pursuant to paragraph 9 of the Declaration, the
restrictions therein contsined on tha outlots in said plat of
Bayside Landing may be ar.iended by all parties having a recorded
interest therei~, with the concurrence of governmental agencies
h~ving jurisdiction.
c. Landmar:t Drive Homecwners Association,
non-profit corporation, holds the rights granted
Construction, !nc. under t~e Declaration.
a Minnesoto
to Landmark
D. The owners of Lot 1, Block 1, Bayside Landing, have
caused the same to be subdivided and Leplatted as Lots 1 and 2,
Block 1, Bayside Landing Second Addition.
E. :;.·he o:,;ner of Lot l, Block l, Burger• s Bayside,
Hennepin County, Minnesota, has subihvided or is in the process
of subdi•.tic;ing said real propen.y and replatting the same :.~
Lots l and 2, Block 1, Burger's Bayside Second AGdition,
376Z034
Hennepin County, Minnesota; has ac~uired or is in the proces~
of a1.:quiring from the owner of Let 1, Bleck 2, and Outlot c,
Bayside Landing, an easement for driveway purposes <'ver said
Lot 1, Bloc!; 2, for the benefit of Lot 1, Block 1, Burger's
Bayside Second Addition; and wishes to obtain the benefits of
the Declaration for, and sub5ect to the burdens of the
Declaration, said Lot 1, Block 1, Burger's Bayside Second
Addition.
¥. In order to aid in administe-cirg the terms of the
Declaration and a related declarc,t;;.on relating to the private
road on Outlot D, Bay~ide Landing, the owners of the lots
subj2ct to the Declaration have caused to be formed a Minnesota
non-profit corporation known as Landmark Drive Homeowne~s
Association.
G. The undersigned owners of the real pr>perty described
on the signatur.e pages attached to this Agreement wish to amend
th~ Declaration and to set forth in writing the terms of their
agreement with respect to the foregoing.
N0W, THEREFORE, in consider~tion of the facts stated above
ar.o for other good and valuable consideration, the receipt ar.d
::-ufficiency of which are hereby ack."lowledged ",)y each of the
unders:gned, the ur.dersigned hereby agree as follni1s.
l. 'Ine Declaration is he:::eby amended to substitute the
term "Lot'" in lieu of tne term •lot,• and the terra
"Association• in lieu of the term •Land.nark Construction,
Inc.," throughout the Declaration.
2. Pa1agraph 1 of the Declaration is hereby amended to
read as follows:
1. t,aod use ~'L..'.f.n'Ji. Each
0£ the Lots shall be used an1 occupi~d solely
as private, detached, one-family residences.
Each dwelling built or to be built upon any
Lot shall be built with a gara~e designed to
sccommodate a minimum of two (2) automobiles.
Plans for all present or future construction
or remcdeling of or additions to such
dwellings shall be sub."llitted for approv .. l as
provided in paragraph 2 below.
3. Paragraphs 4 and 5 of the Declaration s!tall apply
only to the Lots, anrl r,ct t.:; any of the Out lots.
4. Paragraph 7 of the DeclaTation is hereby amended to
read as follows:
.i::.rl"_~;:~ ,:;.~-~-:~ r:,::i5 f
7. Easements. Easements are reserved c._r;_ c, P~: .. ,.: . •.• . · ;,,x,,,·.~
fot installation and maintenance of utilities TR4:,5if.:,, f,.,f,a.:o
as shown on each recorded plat which includes ,FEB 16 1993
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any Lot or Outlot, unless and until any su-:::h
easement is duly vacated by the City of Orono,
!llim;esota.
~-Paragraph 8 of the Declaration is hereoy a.nended to
read as follows:
8. D"tation. The foregoing
covenant?., conditions, prohibitions and
reservations shall run with t:1,e land and ile a
servitude t!1ereon, and sha,. l be blnoing and
obligatory upon all Owners, encumbrancers and
other persons in any way dealing with any of
the Lots, and upon their respective heirs,
persona'. representatives, .;uccessors ar.d
assigns, and shall remain in full force and
effect for thirty {30) years from May 9, 198S,
and thereafter for successive periods :>f ten
(10) years, unless and until an amendment,
executed by the Association or its assigns.
and by Owners representing seventy-five
percent (75%) of the Lots, shall have been
duly recorded in the offices of the Registrar
of Titles and c~:nless all of the Lots, the
Outlots and the •unplatted Parcel• (defined
below) ar~ registered property) the County
Recorder, in ar.d !or Hennepin C•:mnty,
Minnesota.
6. Subparagraph a of Paragr.sph 9 of the Declaratior. is
hereby amended to read as follows:
Outlot A, Bayside Lan1ing, shall be owned by
the owners of Lot l, Blocit 1, Bayside Landing
Second Md i tion, anc. L,>t 2, Block 2, Days ide
Landing, an undivided one-half interest to
each, and ownership of said Outlet A may not
be separated f:::o:,i the ownership of said !.ots.
There may be only one dock on said Outlot A,
containing no mo:e than four slips, No mo.ce
than four boats may be wnored at said Outlet A
at docks or buoys, each of said Lots being
entitled to two such slips or buoys. Said
Outlot A shall not be used as an access'>ry
parki~g or stora9e area, and no structure,
except one dock, shall be permitted within the
boundaries of said Qutlot A.
7. Subparc1g.ap~ c of Par.agraph 9 of the Declaration is
hereby emended to l'ead as follows:
0utlot c, Baysic)e Land:i:lg, shall be used for
driveway, ingress and egress, drainage,
utility and landscaping purposes, for the
exclusive benefit oi Lot 1, Block 2, Bayside
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Landing, ard Lot 1, Block 1, Burger"s Bayside
Second Addition, and any permitted
subdivisions thereof, anc for no other
purpose; and ownership of said Outlet C may
not b~ separated from ownership of said Lo'". 1,
Block 2, Bay~5de Landing.
8. Sub9aragraph d of Paragrap~ 9 of the Declaration is
h~reby amended to read as follows:
Outlet o, Bayside Landing, shall bP. owned by
the Association and used foi: driveway ingress
and egress, drainage and utility purposes, for
the exclusive benefit of {i) the ~arcel of
real property described in subparagraph 9b
above (the -unplatted :Parcel"); {ii) each Lot
except !,ot 2, Block 1, Ba1·side Landing Second
Addition (the •separate Access Lot"'; and
(iii) ar.y permitted subdivision of the
Unplatted Parcel or of any Lot other than the
Separate Access Lot; and for no other purpose.
9. The final grammatical paragraph of Paragraph 9 of the
Declaration is hereby amended to read as fellows:
The resttictions on the Outlots
~ontained in this Para~~aph 9 shsll be
perpetual unless ond until amended by all
partie:. who have a recorded interest in the
affected Outlet, with the ~oncurr~nce of ,:.ny
governmental agencies having jurisdiction. No
person shall be deemed to have a recorded
interest in Outlot o, Bayside Lantling, solely
a!" a :result of such person having an interest
in the Separate Access Lot.
10. The Declaration is hereby amended by adding thereto
the following Paragraph 12:
12. Definitions. The following terms
shall ha•.1e the meanings sat forth below
whenever used in this Declaration:
a. "Association" shall mei".n and
refer to La:1dmark Drive Homeowners
Association, a Minn2sota r-.ln-profit
corporation, its successor~ and
assigns.
b. "Lot• shall mean and refer
to any one of the following described
parcels ~f re~l estate situated in
Hennepin County, Minnesota:
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(i) Lot 1, Block 1, Bayside
Landing Second Addition;
(ii) Lot 2, Block 1, Ba7sic1e
Landing Second Addition (the
Sepdrate Access I,ot);
(iii) Lo!: 1, Block 2,
Bayside Landing;
{iv) Lot:, Block 2, Bayside
Landing; and
(v) Lot 1, Block l, Burger's
Bayside Second Addition;
provided, however, that if any of the
above-described Lots nerea!ter shall
be subdivided, each buildable parcel
resultino fro!!' such subdivision shall
be and become a Lot.
,. "Out lot" st:::?. l m~an anv one
of Cutlots A, E, C and D, Bayside
'L;,r.ding, Hennepin County, Minnesota.
d. M~mer" shall mean and refer
to the record oi,.,ner. whether one or
more per!lons c,r entities, of the fee
simple title to any Lot; provided,
ho~1ever, that if any tot is being sold
on a contract !or deed pursuant to
which the purchaser is entitled to
possession of the Lot, the cont~act
f.or deed purchaser, ~hethec one or
more persons o= entities, shall be
considereo the •0wner• of the Lot so
long as such co-:tract !or deed shall
remain in effect, providec the
;\ssociation shall h:'lve received a
complete and true copy of such
contract for deed. The Owner of the
Unplatted Parcel {or any builda~l~
parcel resulting from any subdivision
of the tinplatted Parcel) for pucposes
of Paragraph 13 below shall be
deter!l'ined ir. the same manner as the
Owr.e~ of any Lot.
11. The Declaration is hereby araended by adding thereto
the following Parag~aph 13;
13. Association Membeq::hip and Voting
Rights. Each Owner of a Lot anct the Unplatted
Parcel or any buildable parcel resulting from
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376Z034
any subdivisio~ of the Unplatted Parcel, shall
l:>e a member of the Association. Membership
shall be appurtanant to and may not be
separated from owne:.ship of each Lot and of
the unrlatted Parcel or such portion thereof.
Ear,h member of the Association shall be
entitled to one vote for e3ch Lot or the
Unplatted Parcel or such portion thereof of
which such member is the Owner. When more
th&n one person or entity constitutes the
Owner, all such persons ar,d entities shall be
member:; of the Association, and each vote for
such Lot or Unglatted Parcel or portion
thereof shall be exer..:ised as they determine
among themselves, but in no event shall more
than one vote on any issue before the
Association be cast with respect to any Lot or
the Unplatted Parcel or such portion there~f.
12. Notwithstanding anything to the contrary contained in
this Agreement, if this Agreement is recorded before the
record~ng of the plat of Bu~ger•s Baysjde Second Addition, the
Lot described herein as Lot l, Slock 1, Burger's Bayside Second
Addition shall be deemed to be Lot ::., Block 1, Burg9r•s
Bayside, Hennepin Co•.lnty, Minnesota, unless and until th~ yl.-i.
of said Burger• s Bayside Second Addition is duly recorded in
the office of the County Recorder in and for Hennepin County,
Minnesota.
13. Each of the undersigned agrees that, if the consent
or joinder of any governmental agency or mortgagee or other
lien holder is c!eemeG necessary or appropdate in order to
rerder t~is Agreement binding and fully enforceable. such
person shall use re.isonable efforts to obtain such consent or
joinder from any such governmental agency and from any
mortgagee or ether lien holder whose mortgage or other lien is
an encumbrance on t~e real estate owned by such person.
14. E:ccept as expressly amended hereby, the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, the owners of Lots, Outlots and the
Unplatted Parcel whose signatures appear on the attached
signature pag,:s, have duly executed this Agreeme:-:1t, effective
for al~ p 1 1rposes as of the day and year first above written.
THIS INSTRlJMENT DRAFTET BY':
MOSS & BARNETT (JLW)
A Profes~ional Association
4d00 Norwest Cente~
90 South S~venth Street
?-iinneapolis. MN 55402-4129
Telephone: (612) 347-0300
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fl-RCEL l
Lot l. Block 1, '!:aysida Landing Second Additicn, and an
undivided one-half interest in outlot A, Bayside Landing.
£.ARCEL ;i;
Lot 2, Block z, Bayside Landing second Additi~n.
-~ ~-//ivaAA/.
Aus'tin H. Evans
Diane E~:. .. s
~TATE OF MINNESOTA) } ss.
COUNTY OF h"ENNEPIN)
The foregoing instrument was acknowledged before me, a
Notary Public, on February _j__, 1993, by Austin H. Evans and
Diane Evans, husband and wife.
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PARCEL 3
Lot 1, Block 2 ar.~ Outlot C, Bayside Landing.
STATE OF MI~ESOTA
COUNTY OF (:;Jo,v1/LLf9.L:-:"=
I
}
) ss.
)
Vickie J. Ross?•·
The foregoing inst~ument was acknowledged before me, a
Notary Ptiblic, on February _J£_, 1993, by Vickie J. Ross, a
single person.
CJJ.o,//·'-4'-L---Y~c..:.... /-1. L{,-lu:rr; .~,,td
Notary Publir.
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PARCEL 4
Lot 2, Block 2, and an undivided one-half intei::c5t in
Outlet A, Bayside L~ndir.g.
Lee C. Harren
; " \''~-{{_; 'v \._. .... "\..--_________
Julie I-'r. Harren
STATE OF MINNESOTA )
/. } ss.
CO:.JNTY op._,,,/p---,u;&j'~-)
The foregoing instrument was ack.~owledged before me, a
Notary Public, on February .5' , !993, by Lee C. Harren and
Julie M. Har:en, husband and wife.
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376Z034
Pl'.:KEL S
Outlot B, Bayside Landing; and
That pa:-t of the South 200 feet of Lot 53, Auditor•s
S•1bdivision Number 203, Hennepin County, Minnesota, lying
Westerly of a line hereinefter referred to as ~Line A•,
said •Line A" being described as follows: Commencing at
the Southeast corner o!: said lot; thenci? West along the
South line of said lot a distar.ce Qf 300 feet to the point
of beginning !)f said "Line A•; the~c~ do.fleeting right 85
degrees to the North line cf said South 200 feet, and
there ending; together with an easemettt over the Sou!::h
16.5 feet of that part of said lot lyin~ Easterly of said
"Li~e A"; and together with on easement over that pQrt of
Lot 51, Auditor's Subdivision Nurr.ber 203, Hennepin Co~nty,
Minnesota, lying ~outh of Lot 52 in said Auditor's
Subdivision Num~er 203, and the South line of said Lot 52
extenoed East to tlle Westerly line ~f County Road NI). 84;
and
That part of the North 488.00 feet of the Soutn 688.0J
feet of said Lot 53 lying westerly of the following
described line: Commencing at the terminus of said •Line
A"; thence North parallel with the east line of said Lot
to the North line of said South 688.00 feet and said line
there ending.
STATE OF MINNESOTA
COUNTY OF IJENNE?IN
)
} :IS•
)
The foregoing instrument was acknowledged before m-.:.-a
Notary P'Jblic, on Februi.r.1 __!.Q_, 1993. by Betty L. Miner, a
single person.
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..._ __ ;".>v .. ,-t_.· ... & .. .I, -/-;:, -, _., ... /
Notary Public
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376Z034
STATE OF MINNESOTA
COUNTY OF ~
)
} ss.
)
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/
Richl\rd F. Kyle
,..
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Ka thlee,1 A. Kyle
The foregoing instrum.?nt was acknowledged before me, a
Notary Public, on February£ c,e,, 1993, by Richard F. Kyle and
Kathleen A. Kyle, hushand and ~lfe.
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PARCEL 6
Outlot D, Bayside Landing.
STATE OF MINNESOTA
) ss.
COUN7"l OF HENNEP!Nj
LANDMARK DRIVE P-OMEOWNERS
J.S~OCIATION
By: &t-.· 11w~
Austi::l ii. Evans
Its: President
The foregoinQ instrument was a~knowledgec hefore me, a
Notary Public, on Febr:.iary 17h 1S93, by Austi:: H. Evans, the
President of Landmark Drive Homeowners Association, a ML1nesota
non-prcfit corpcrat~on, on behalf cf the corporation.
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376Z034
PARCEL 7.
Lot 1, Block l, Bur~er"s Bayside Second Addition.
{or Lot 1, Block 1, Burger"s Bayside; see Paragraph 12.)
)
) ss.
COUNTY OF-='~~~-"------->
The foreg~ing instrument wcs
Notary Public, en Febru~ry -1..2-,
Mary J~ne Burger, husband and wife.
S -6
acknowledged before me, a
1993, by John Burger and
.·,·
,,
l':
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~ ',
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3~t: 034
PARCEL l
Lot 1, Block 1, Bayside Landing Second Additio"l, and an
undivided or.e-half int~rest in Cutlet A, Bay~ide Lanoir.g.
PARCEL 2
Lot 2, Bl~ck 1, Bayside Landing Second Addition.
Lot 1, Block 2 and Outlot C, Bayside Landing.
Lot 2, Block 2 and an undivided one-half interest in
Outlet A, Bayside Landing.
PARCEL 5
Outlot B, Bayside Lancing; and
That part of t:he South 200 feet of Lot 53, Auditor•s
Subdivision Number 203, Henne~in County, Minnesota, lying
~ester ly of: a line hereinafter referred to as "T,ine A",
&aid •Line A.. being described as followe: Commencing at
the Southe. st corner of said lot; thence West along the
South line of said lot a distance of 300 fe~t to the point
of beginning of said •tine A•; thence deflecting right 85
degrees to the North line of said South 200 feet, and
there ending; together with an easement over the South
16.5 feet of that part of said lot lying Easterly of s~id
•Line A-; and together with an easement over that part of
Lot 51, Auditor's subdivisioa Number 203, Hennepin County,
Minnesota, lying South of Lot 52 in said Auditor's
Subdivision Nurjer 203, and tho South line of s~id Lot 52
e~tonded East to the Westerly line of County P.ood No. 8~;
and
That part of the North 488.00 feet of the South 688.00
feet of said Lot 53 lying westerly of the following
described line: Commencing at the terminus of said •tine
A•; thence North parallel with the east line cf said Lot
to the N~rth line of said South 688.00 feet and said li~e
there ending.
PARCEt, G
Outlet D, Bayside Landing.
PARCEL 7
Lot 1, Block 1, Burger's Bayside Seco:1d Addition.
{or Lot 1, Bloclt 1, Eurge::'s -Bayside; sae Paragraph 12.)
_,..,__,, ___ ,,.◄_.,,.. . .,.,.,w.....,..,_..,=-=c:::;.==~~-------------------------·
6039266
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STATE OF MH~t~ESOTA, COUNTY OF HENNEPIN
Cerfifiecfto b.e . .a true and correct copy of the
original en hie and of record in my office
AUG '? 0 )998 .
MICHAELH. CUNN!FF,°ACTtN-.:i CO0NTY RECORDER
__ · •__,fhL.~~~-Deputv