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HomeMy WebLinkAbout#1171 Amendment to Declaration6039267 3772034 AMENDMENT p DECLARATION THIS AGREEMENT is made effective as o[ th.! 1st day ,f February, '!.993, by and among the under;.;igned owners of the parcels of real estate situated in Hennepin County, Minnasota, legally described on Exhibit "A" att:eched hereto and made a ., part hereof by reference. The facts on which this Agreement is based are as fellows: A. Pursuant to that certain Declaration of Private Road ~nd Utility Easements and CovenDnt for Road Maintenance, dated May 9, 1988, made by Betty L. Miner, single, individually and as Personal Representative of the Estate of Andrew E. Miner, Landmark Construction, Inc., a Minne:sota coi-pot:ation, Richard F. Kyle and Katt.le:zn A. Kyle, husband and wife, and Builders Development & Finance, Inc., a Mi~nesota corpoLation, filed for recot:d in the office of the County Recorder in and for Hennepin County, Minnesota on August 17, 1988 and recorded as Docu~ent No. 5444194, and filed for record in the office of the Registrar cf Titles in and for Hennepin County, Minnesota en August 15, 19813 and recorded as Document No. 1951785 (the •Road Declaration•), an easement fo~ driveway, ingress, egress, drainage and utility purposP.s was createG over, under and across Outl<"•t D, Bayside Landing, Hennepin County, Minnesota, for t~e exclusive benefit of certain parcels of real estate situated in Hennepin Cvunty, Minnesota, des::::ibed in the Road Declaration. B. Pursuant to Paragraph 12 of the Road Dec13ratlon, the Road Declaration may be amended by the owners representing seventy-five percent (75%) ~f the lots which are subject to the Road Declaration. , .. -'"-, 377Z034 C. The owners of Lot ' ... , Block , ~, Bayside Land,ng, Hennepin County, Minnesota, have caused the ~ame to be subdi•;ided and i:P.platted as Lots 1 and 2, Block 1, Bayside Landing Second Addition. D. The owner of Lot 1, Bl,,ck 1, B~irger• s Baysirk, Hennepin County, Minnesota, has subdivided or is in the process oi: subdividing :;;aid real property and replatting the same as Lots l ar.d 2, Block 1, Burger's Bayside Second Addition, Hennepin County, Minnesota; has acquired or is in the process of acquiring, from the owner of Lot 1, Block 2 and Outlot C, Bayside Landing, am easement for driveway purposes over said Lot 1, Block ?., for the be:;efit of Lot 1, '3lock 1, Burger's Bayside Second Addition; and wishes to obtain the be;iefits cf the Road Declaration for, and subject to the burdens of the Read Declaration, said Lot 1, Block l, Burger's 3ayside Secone Addition. E. In order to administer the terms of the Road Declaration and a related declaration, the owners of the lots subject to the Road Declaration have caused to be formed a Min!'!esota nor.-profit corporat:.on known as Landmark Drive Homeowners Associaticn. ~-The parties to this AgrP~ment. bein~ the owners of at least seventy-five percent (i5\) of the lots which are subject to the Road D~claration, wish to amend the Road Declaration and to set forth in writing the terms of their agreeJMnt with respect to the for~go:.,g. -2- f~~~ VitlJR IA.".l:S PA!v ~t.Y1 Ct ?:,~?;_1-;~-·•,.;., ;~~t'; ?;.CC~!iS TitA,-iSfrn E:.TrnED FEB 1& 1993 ~/ . ~~UNTY Mi"IN. --------OE?ll• .. 377Z034 NOW, THEREFCRE, in consideration of the premises ar1 for other good and valuable consideration, the receipt anu sufficiency of which are hereby acknowledged by each of the undersigned, the parties hereby agree as follows. 1. Paragrnph l 0£ the Road Declaration is hereby amer.ded by adding, at the beginr.ing of said Par~graph l, the fo!lowin~ definitions: •Asscciation" shall mean and refer to Landmark Drive Hon,eowners Association, a Minnesota non-pref it corporation, it.s sue, ~ssors and assigns. "Lot• shall mean and refer to any one of the following described parcels of real estate situated in Her.nepin County, Minnesota: (i) Lot 1, Block 1, Bayside L~nding Seccnd Addition; {ii} Lot 1, Block 2, Bayside Landing; (iii) Lot 2, Block 2, Bayside Landing; {iv} Lot l, Block 1, Burger's Bayside Ser.ond Ad1iticn; and {v) That port of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as uLine A•, said •Line A-being described as follows: Com..-nencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the pc,int of beginning of said "Line A"; thence deflecting :rig?lt 85 degrees to the North line of said South .'.:00 feet, and !:here ending; togother with an easement over the South 16.5 feat of that part of said lot lying Zasterly of said "Line A"; and together with an easement over that par.: of Lot 51, 1 .. uditor•s Subaivisicn Number 203, HL~nepin County, Minnesota, lying South of L"t 52 in saio Audi tor• s Subdivision Nu~ber 203, a'ld the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and -3- I '' ·,::,~:: '", l.:·····:·· t: ;',"'.' I' 1:~' J;}, iH ;g :, Pett 4PHGKd4±ti rn ,,_, ___ 3772034 That part of the North 488.00 fe~t of the South 688. 00 feet of said Lot 53 l:ring westerly of the following described line: Commencing at the terminus of saiJ •Line A•; ther.ce North parallel with the east l; ne of said Lot to the North line o:: said South 688. 00 feet and said line there endi"g; provided, however, identity of Lots Paragraph 11 below. that the :nay change number pursuant and tu 2. The definition of the term "Owner,• in Paragraph 1 of the Road Declar~tion, is hereby amenced to read as follo~s: •owner• zhall mean and refer to th'-' record owner, wh~ther one or raore persons or entities, of the fee simple title to any Lot; provide.!, however, that if any Lot is bei1~g 3. sold on a contract for deed pursuant to which the purchaser is entitled to posse~sion of the Lot, the contract for deed purchaser, whether one or more persons or entities, shall be considered the •Q'.mer• of the Lot so long as such contract for deed shall remain in ~ffect, provided the Association shall have received a ~omplete and true copy of such contract for deed. The definition of the term •Mairi.tenence, • :n Paragraph l of the Road Declaration, is hereby arrended to read as follows: "Nainten.:nce• shall mean and refer to snowplowing, salting and sanding, sweeping, sealccating, asphalt patching. asphalt replacemer.t, shoulder grading, shoulder weed control, and such additional ordinary and necessary maintenance as the Owners of a majority of the ~ots shall deem apprc,priate from tirae to time for the purpose of providing a good, :;afe, freely travelable and well-ciaintained road on the Roadway. ~-Par~graph 1 of the Road Declaration is hereby amended by deletin3 the definit.1.on of ci~e term •Properties•. -4- 377Z034 5. Paragraph 2 of the Road Declaration is hereby amended to read as follows: Each Lot shall be owned and conveyed subject to and together with 1.he non-ex~lusive easements and covenants set fot"th uelow, and each present and future Owner, by acceptanc~ of a deed therefor, whether or not it shall be so expressed in such deed, shall be and is he1eby deemed to covenant, with tile present and future Owners of all other J.ots, that such owner promptly shall pay whan due his, her or its propoctionatc share of the cost of Maintenance as hereinaft~r provided. 6. Paragraph 3 of th~ Road Declaration is hereby amended t0 read as follows: E~ch Lot shall be benefitted by a non-exclusive ~asen;ent for driveway ingress and eg?:ess and underground utility purposes over Outlot D, Bayside Landing, which easerr.ent shall be perpetual and ap~urtenant to each Lot. 7. Pa,agraph 4 of lhe Road Decla~ation is hereby amended to read as foll~ws: Each Lot shall be charged with the responsibility of paying twenty percent {20%) of the cost of Maintenance of the Road, subject to adjustment as provided in Paragraph 11 below. s. Paragraph 5 of the Road Declaration is hereby amenced to read as follows: Ea•.::h Owner shall be personally, jointly and severally liable to pay that port or the cost of Maintenance of the Road rhich is attributable to his, her, their or its Lot. Each Owner•s share of such cost shall be due and payable on the date specified by the Associaticn in a not ice to each Owner, and in a;1y event not lacer than the date such costs are due 3nd payable to the person or entity providing the labor or materials ~or such Maintenance. Each Q;mer's share of such Maintenance costs -5- 377Z034 . ' . . . ·~--.' -»c•,--,,..., ~-~ ··,:.,;;; _, -" ., -• • ' • ---~---·-·-~- shail bear interest from the due date thereof at the rate of eight p~rcent ( 6%) per annum. The Association, or any non-defaulting Owner on behalf of the Association, may bring an action to collect a defaulting Owner's share of su~h Maintenance cost, plus interest thereon as herein ~rovided, and the Association or such non-defaulting owner shall b~ entitled ~n such scit to recover such r~asonable attnrney•s fees as the court moy all~w, and Jll necessary costs and disbursements incurr~d in connection therewith. Any judg:nent entered against an C,'Wner pursuant to this Declaration shall be a spe.cific lien on that Owner's interest in any of the Lots from the date of docketing of :such judgment. 9. Paragraph 10 of the Road Decloration is hereby amended to read as follows: The Road shall be used strictly in ~ccordance with thP. easements granted n~rein. ?:o O'wner sho U obst.i uct or interfere in ar.y way with the rights and privi!eges of others in the Road, and nothing st.all t,~ planted, altere~, constructed upon or removed b;i any Owner fro-:: the Road, w:ittout the expre,ss written consent of the c»rners of a majority of the Lots. If any Owner shall violate this Par.agraph 10, the Association or any non-defaulting Owner shall ha..,·e the right to restore the Road to its prior condition and to assess the cost of such restoration against the Owner who violate~ this Paragraph 10, and such assessment shall be immediately due and payable on demand. Collection of any sue~ assessment shall be made pursuant to Paragraphs 5 and 6 above. If ar.y Owner interferes with the rights and privileges of any other Owner in the use of the Rood, the Association or such other owner shall be entitled to an injunction aga!nst such interf~rence in any action brought by the Association or such owner, and the prevailirg party in such action shall be entitled to recover such reasonable attorney's fees as the cour~ may allow, together with all necessary costs and disburs~~ents incurred in connection therewith. -6- 37~'Z034 10. Paragr~ph 11 of the Road Declarati~n i~ hereby amended to read as follows: in the event !iny Lot is subdivid..,,d to provide ~or additional lots on which houses may be ~onstructed, each such new lot shall b'3come a Lot and shall be subject to and benP.fitted by this Declaration, with the follow!ng amendments: {a) The percentage sha=e of each Owner in Maintenance costs as set forth in paragraph 4 above shall be amendee to equal one hundred percent (100\) divided by the nu!ll,~er of Lots after such subdivision; and {b) The percentage of Owners required to amend this Declar~tion pursuant to paragraph 12 below shall equal one fewer than the number of Lots after such subdivision, unless and until the number of Lots equals or exceeds ten, at which time ::.uc:. omendment shall require the as::;c~t of Owners of eighty percent (BO\} of the Lots. Notwithstanding the foregoing, if any such sub:Hvision results in one or more buildable parcels which, pursuant to the requirements of the City of Orono or by law or contract, is not entitled to use the Road, such ?arcel shall not be considered a Lot under this Declaration. :..l. t!otwi thstanding anything t:o the contrary contained in this Agreement, if this Agreement is recorded before the recording of the plat of Burger's Bayside Second Addition, tbe Lot described herein as Lot l, Block l, Burger•s Bays!de Second Addition shall be deemed to be Lot 1, Block 1, Burger's saysic2, Hennepin County, Minnesota, unless and until the plat of said Burger• s Bayside Second .Jl.ddi tion i3 duly recorded in the office of the County Recorder, and/or filed for record in the Office of the Regist::ar of Titles, in and for Hennepin County, Minnesota. -?- 3772034 12. Each of the undersign~d a gr.;.;= that, if t:ie consent or joincler of any governrr.ar-tal agancy or mortgagee or other lien holder is deemed necessary or appropriate ir. order to render this Agreement binding and fully enforceable, such person shall use reasonable efforts to obtain such consent or joinder from any such gove:-n.-nental agency anci from ar.y mvrtgagee or other lien holder wnose roortgage or other lien is an encumbrence on the real estate owned by such p~rsor.. 13. Lot 2, Block 1, Bayside Landin~ Second Addition, Hennepin Count.y, Minr.esota, shall cease tc. be subject to, and shall no longer be entitled to the benefits of, the Road Declaration; and tlie Registrar of Titles is hereby authorized to dclP.te the melr.Orial of tnis Agree~ent and the Road Declaration from all future Certificates of Title for said Lot 2, Bl~~k 1, Bayside Landin~ Second Addition. 14. Except as expressly amended hereby, the Roe~ Declaration shall remain in full force and effect. IN WITNESS WHF.REOF, the persons whose signatures appear on the attached si9nature pages have duly executed this Agreement effective for all purposes as of the day an1 yP;ar first above written. 't'HIS INSTRUMf:NT DRAFTED SY: MOSS & BA.~NETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612} 34:-030C -8- 377Z034 PA.RCEL 1 Lot 1, Block 1, Bayside Landing Second Addition, and an undivided one-hali interest in Outlot A. Bayside Landing. Lot 2, Block 2, Bayside Landing Second Addition. L~ 1-/WaAAA Austin H. Evans ~ 14:::n.<' rue Evans S?ATE OF MINNESOTh) ) ss. COUNTY OF HENNEPIN} The foregoing instzument was ac:tnowledged before ~, a Notary Public, on February ..;:i_, 1993, by Au-;til" H. Evans an::l. Diane Evans, husband and wife. S -1 377Z034 PARCEL 3 Lot l, Block 2 and Outlot c, Bayside Landing. STATE OF M!NNESOTA ) ) ss. ) Vickie J. Ross'✓- The foregoing instrun:ent was iiCknowledged before me, a Notary Pc'blic, en February~. 1993, by Vickie J. P.oss, a single person. S -2 377Z034 Lilt 2, Block 2, and an undivided -,ne-half interest in outlot A, Bayside L3~jing. Lee c. Harren • -i H -,; ' .. (\ ' ' . -,-.A.,l\:. , ' ~\ i l-v .. ,,.-=:;;.--· ------ Ju lie M. HarreK STATE OF MINNESOTA ) ~) COU~TY OF ____ ._.;.._) \___. ss. The foregoing i~strument was ~ckno~le~ged befcre me, a Notary Public, on February _.s' , 1993, by L<.?e c. Harren and .Julie M. Harren, husband and wife. S -3 . . ,_•<• •--•••,-••• •, •---~•.al. %_,;,;;;,.:•' ---•-•• '.,~....;.....,..:.~, '...,_.. _,_,.,.,...__,..,~.,w~•,_,. • • 377Z034 ?ARCE!, 5 Outlet B, Bayside Landing; ?.nd That part of th.? South 200 feet of Lot 53, Audi tor• s Subdi¥i~ion Number 203, Hennepin ~ounty, Minnesota, lying Westerly cf a line hereinafter ref~rred to as "Line 1..•, said "Line A• being describeo. as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said •~ine A•; thence doflecting right 85 degrees to the 1:orth line of sai<l south 200 feet, and there ending; together vi th an easement over the South 16.: feet of that part of said lot lying Easterly of said •Line A•; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor"s Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of county Road Ne. 84; and That part of the North 488.00 feet :,f the South 688.00 teat of S3id Lot 53 lying westerly of the following described line: Commencing ac the terminus of said •tine A"; thence North parallel with the east line of said Lot to the North line of ~aid Sou~h 688.00 feet and said line there ending. STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledgeu be!ore me, a Notary P'.1.blic, on February ...!L, 1993, by Betty L. Miner, a t:ingle person. S -4 377Z034 ) ) ss. ) /-.'...-,.<: ~ ,,,/;:' Richard F. Kyle Kath1een A. Ky:.e The foregoing instrument was acknowledged before me. a Notary Public, on Februarf 1.!!;, 1993, by Richard F. Kyle and Kathleen A. Kyle, husband and wife. / {/,). ~ ~ {:aryPublic s -4a 377Z034 Lot 1, ~lock l, Burger's Bayside Second Addition. (or Lot 1, Block l, Burc;;er's Bayside: see Paragraph 12.) FL-w~•O"' STATE OF~ ) ) ss. COUNTY OF _;.:;:L:;:;f:""·-C:::.-_____ ) The foregoing instrument was Notary Public, on February -1!1.., Mary Jane Burger, husband and wife. Notary Public <: S -5 acknowledge;i before me, ? 1993, by John Burger ai,d 377Z034 Outlot D, BaysiJe Landing. STATE OF MINNES~IA } ss. COUN'l'Y OF HE~NEPIN) LA.~DMARK DRIVE HOMEOWNERS P.SSOCIATION By: Austin H. Evans Its: President The foregoing instrument was acknowledged before me, a Mota ry Public, on !>·eb:uary .L'2:::, 15~3, by Austin H. -e:vans. the President of Landmark Drive Hor.ieowners Association, a Minnesota non-pr.ofit corporation, on behalf of the corforation. ,,,;::-::,.._ MICHE1..LE A.. PAQUETTE1 g •·-'-' t.('f"Af:,:-t ;-;.;'")_:,0: ~:,~SO!A PAtlSZ '1· C:~U:--JTV .,,~: .. :,:,1 ... .-...1:t.!i e i'JO'I', S -6 3772034 EXHIBIT A PARCEL 1 Lot 1, Block 1, Bayside Landing Second Mditir n, and an undivided one-half int~rest in Outlot A, Bayside Landing. PARCEL 2 Lot 2, Bl0ck 1, Bayside Landing Seconc Addition. PARCEL 3 Lot 1, Block 2 and Outlot C, Bayside Landing. PARCEL 4 Lot 2, Block 2 and an undivided one-h3lf interest ia Outlot A, Bayside Landing. PARQE[-5 Outlot B, Bayside Landing; and 'I'l.at part of the Sout.1 200 fe~t of Lot 53, AuditC1r•s Subdivision number 20'3, Hennepin County, :-!innesota. lying Westerly of a li;'le hereinafter referred to as •tine A•, :.aid •Line Ad being described as follows: Ccmmencing at the Soutrea:•;t corner of said lot; thence West along the South line of said lot a distance of 300 feet to t~e point of beginning of said •ti~e A•; ~hence deflecting right 85 degrees to the North line of said Scutt:. 200 ieet, and there ending; together with an easement over the Sout:i 16.5 feet of ~hat part of said :ot lying Easterly of said "Line A"; .::nd toget!~er with an easement O\'er that part of Lot 51. Auditor•s Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor's Suroivision Number 203, and the So~th line of said Lot 52 extenoad East to the Westerly line of County Road No. 84; and That part of the North 488.00 feet of the Sot.11::h 688.00 feet of said Lot 53 lying westerly of the followin~ described line: Commencing at the terminu~ of said nLine A•; thence North parallel with the east line of said ~ot to the No~th line of said South 688.00 feet and said line there ending. fhBCEL 6 LoL 1, Block 1, Burger's Bayside Second Addition. (or Lot l, Block l, Burger's Saysidc; see ?ar~graph 12.) PARCEL 7 Outlot D, Bayside Landing. 6039267 :if:(' !=EE FEE----- STATE OF MINNESOTA, COUNTY OF HENNEPIN Cerfified to be a tru8 and correct copy of the original on file and office AUG MICHAEL H. CUNt·-11FF,6P'iG COUNTY RECORDER By 91:i_, -~~ · Deput1'