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HomeMy WebLinkAboutAmendment to Decl of Covenants - Doc. No. T4468503 - Removed Ped & Pasture EasementsIH 11111111111111 Doc No 4468503 02/08/2008 03:00 PM Certified filed and or recorded on above date: Office of the Regi strar of Titles · Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 373167 New cert Cert 615741 642673 659544 660725 670876 698870 713596 738580 748915 751463 789476 826460 833731 1128265 1131632 1141225 1177686 1183126 1191392 1191392.5 1195270 1200 528 1206938 1208946 1217428 Deputy 45 Fees $1.50AF $10.50 STATEFE;E $384.00 TDOCFEE SO.OOTSUR $396.00 Total .....---------------------------------···· --···· -· -·------ FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS This Amendment is entered into as of this 1st day of August, 2006, by and between the undersigned, constituting owners of at least two-thirds of the lots subject to the Declaration of Covenants. Conditions, Restrictions, and Easements (the "Declaration") which Declaration was filed with the Hennepin County Registrar of Titles as Document No. 1273793 on May 22, 19 78. The property subject to the Declaration has a legal description of: Lots 1 through 24, Block 1, The Farm at Long Lake, Hennepin County, Minnesota according to the recorded plat thereof. The Declaration created a pasture easement and pedestrian easements. Since the p~ture easement was established in Article II, Section 3 of the Declaration, it has not been used for pasture purposes. The pedestrian easements established in Article II, Section 2, Subsections C through F of the Declaration have not been uniformly maintained, are used very infrequently, and present liability to the owners of the land through which these pedestrian easements pass. The Declaration should reflect the current circumstances and the nature of the development of the land in the twenty-eight years since its writing. Article VIII, Section 1 requires that changes to the Declaration be made through an instrument signed by the owners of at least two-thirds of the lots. The Fann at Long Lake includes twenty-four lots. Therefore, signatures by the owners of sixteen of the lots constitutes the two-thirds requirement. Owners of at least sixteen of the lots have signed and agree to make the changes set forth below. Accordingly, for valuable considerationi the receipt and sufficiency of which is hereby acknowledged, the Declaration is hereby amended as follows: 1. Article II, Section 2, Subsections C through F, which created certain pedestrian easements, are hereby deleted in their entirety and such pedestrian easements are hereby terminated. 2. Article II, Section 3, which created a pasture easement, is hereby deleted in its entirety and such pasture easement is hereby terminated. APPROVED FOR FILING ~-•tJJ!qi ~------------------------------ ,:, • ., f 3. In all other respects, the Declaration, as amended herein, is ratified and confinned. [Signature pages follow] THIS INSTRUMENT WAS DRAFfED BY: Faegre & Benson LLP (TMC) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 766-7000 Ml:1338666.09 -2- l . ., ; --------- Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, owners of Lot l, Block l, The Fann at Long Lale~ have executed this Agreement as of the date first above written. ~~~--1~____,;,..._0 -•-~C~-~ ~ Aft{,u<ffi STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~ The foregoin,& instrument was acknowledged befure me this / /,;'J. day of u~ , 20~ by Jeffrey A. Quiram, husband of Jodelle K. Quiram. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Cfoo DAISY J. JOHNSON NOTARY PU81JC. MtfeDrA -~ ElrplrlS Jan. 31, 20fD ..IJ, » The foregoing instrument was acknowledged before me this / C:: -day of i:i,,i,U4"J= , 2°? Jodelle K. Quinm, wife of Jeflh,y A. Quiram. ~»-~~ DAISY J. JOHNSON NOTARY PUBlC • MINNESOTA My C.llllabi &pm .Ian. 31, ZOIG Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Farm at Long Lake The undersigned, owners of Lots 2, 3, and 4, Block I, The F executed this Agreement as of the date first above written. 8 ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I)_.-·. ·-The foregoing instrument was acknowledged before me this ~ ~ay of -~----~ 2006, by Benjamin R. Field, husband of Rebecea S. Field. ~ .. _.,, .J I(_ ~ ublic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~~The foregoing instrument was acknowledged before me this P .,,/ day of ~ , 2006, by Rebecca S. Field, wife of Benjamin R. Field. ~K~ ' ·• 1 Signature Page to First Amendment t o Declaration of Covenants, Conditions, Restrictions, and Easements for The Fami at Long Lake The undersigned, owners of Lot 5, Block I, The Fann at Long Lake, have executed this Agreement as of the date first above written. ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument Wil'S acknowledged before me this fl_ day of , ~6. by Randy V. R~band of Li rda 11.oY:"'i!)JO:i 2co<t ' tQ ,t{) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public • SARA FRICKE NOTARY PUBUC-MINSOTA My CGinm. Exp.JIii. 31, 2010 }to The foregoing instrument was acknowledged before me this _fl__ day of · '1, (\ ~ , ~6, by Linda C. Rosengren, wife of Randy V. Rosengren. lost ~t,to Notary Pubhc • SARAFRICKE NOTARY PUBLIC-MINNESOTA MJCcnn. Eip.Jwi. 31, 2010 •. , Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, a trustee of the Richard W. Perkins Trust, which holds ownership of Lot 6, Block I, The Farm at Long Lake, has executed this Agreement as of the date first above written. STATE OF MINNESOTA ) ) ss. COUNTY OFHEPJ.lt'f I /.J ) Print Name: Richard W. Perkin~ Trustee Signature ~.LI,~~,._~ as Trustee fthe Richard W. Perkins Trust U/A Dated 6-14-78 F/B/O Richard W. Perkins KATHERINEL. PIKE NOWW PUILC•MUMSOTA . ............. . The fore~g instrument was acknowledged before me. this ..J_ day of ;J;; 11 11q "y , 2~ by Richard W. Perkins, Trustee of the Richard W. Perkins Trust U/A Dated6-14-78 F/B/O Richard W. Perkins. Notary Public : -·-- Signature Page to First Amendment to Declaration of Cow:nants. Conditions, Restricti~ and Easements for The Farm at Lons Lake The tmdersigned, a trustee of the Joseph H. Offerman Trust, which holds ownrnbip of Lot 7, Block I, The Farm at Long Lake, bas executed this Agreement as of the date rnt above written. STAffl OF MINNESOTA ) ) "· COUNTY OF HENNEPIN ) Print Name: Lucille M. Offerman, as Trustee SipRttJreQ/ccc•f~1'7 ■ -•-as Trustee of the Joseph Revocable Trust dated September 21. 1990 J...,. ____ The foregoing instrument was acknowledged before me this /Z. ~ of <., ~ • 2008, by Lucille M. Offerman. Ttustee of the Joseph ff. Offerman Ri=v~f dated September 21, 1990, ~'-~ ~Public ~~MNWWll~MNWWI ■ PATRICIA S. BARn«Jl.OMEW,1! NOTAIIYPUSuc-M!HNESOrA -~ .... ,1. .. , • r l I ·----------- Signature Page to First Amendment to Declaration of Covenants. Conditions. Restrictions, and Easements for The Fann at Long Lake The undersigned, a trustee of the AM Mack & RP Mack Trust, which holds ownership of Lot 8. Block 1, The Fann at Long Lake. has executed this Agreement as of the date first above written. STA TE OF MINNESOTA ) ·• ' .) ss. COUNTY OF ,Jk.,,Mp,,J ) Print Name: Ardell M. Mack~ Trustee Signature 4);J,U -,,..7nu,L_ . as Trustee of the Ardell M. Mack 2006 Rev·ocable Trust Under Agreement dated March 21 2006 .. Print Name :~ Robert P. Mack, Trustee Signature. (lJ.,,,r R 9Yl.oJ as Trustee of the Ardell M: Mack 2006 Revocable Trust Under Agreement dated March 2. 2006 The foregoing instrument was acknowledged before me this /0 day of Au~ s. r-, 2006, by Ardell M. Mack and Robert P. Mack, Trustees of the Ardell M. Mack 2006 ·Revocable Trust Under Agreement dated March 2, 2006. e JDNII. WEBER NCffARJPIIUC •Mlll&JTA 11.,ca •• &Ins .1111. 31. !11D •. ' r Signature Page to ---------i First Amendment to Declaration of Covenants, Conditions, Res trictions, and Easements for The Fann at Long Lake The undersigned, owners of Lot l 0, Block 1, The Fann at Long Lake, have executed this Agreement as of the date fi rs t above written. #✓c£ - Craig L. STATE OF MrNNESOTA ) f\ ) ss , COUNTY OF HENNEPIN ) fir,. The foregoing instrument was acknowledged before me this _....2_ day of f-4P--: , 2006 , by Craig L. Hanson, husband of Joan L. Hanson. 4 A-Wluit,;/ ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public & LORY A. WHITTET Notary Publle Minnesota MvCOINTlllliian!IIP"IJll'aSY31,20IO A The foregoing instrument was acknowledged before me this 3 day of ~-ft" . 2006. by Joan L. Hanson, wife of Craig L. Hanson. Nolary Public~✓ j, /J. i,;;iiJ_ Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, a nd Easements for The Fann at Long Lake The undersigned, owners of Lot 11, Block 1, The Fann at Long Lake, have executed this Agreement as of the date first above written. STATE OF Mll\'NESOTA ) ) ss. COUNTY OF HEN NEPIN ) The foregoing instrument was acknowledged b~efile this .J$L. day ofJ ~_cal __ , 2006, by Richard L. Parrish~ husband of~/ (},~~S_.,, ~t~ STATEOFMINNESOTA ) ) ss . COUN TY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _A day of _ J1us,+SJ , 2006, by Carol J. Parrish, wife of Richard L. Parrish. ~~ ·---1 I l I ' , r Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions. and Easements for The Fann at Long Lake The undersigned, owners of Lot 14, Block I , The Fann at Long Lake, have executed thi s Agreement as of the date first above written. ST ATE OF MIN NESOTA ) ) ss. COUNTY OF HENNEPIN ) .:i:'--~ The foregoing instrument was acknowledged before me this / '-/ day of _._~----'"-'--'-t-...___, 2006, by Joseph Cerny, husband of Inger Cerny. ~w~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) .-- The foregoing instrument was acknowledged before me this H day of ~t-, 2006, by Inger Cerny, wife of Joseph Cerny. ~~w. ~- Notary Public . ' -------------------- Signature Page to First Amendment to Declaration of Covenants, Conditions. Restrictions~ and Easements for The Fann at Long Lake The undersigned, owners of Lot 15, Block l, The Farm at Long Lake, have executed this Agreement as of the date first above written. ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) <' J~~ C)..~a. S-2)b( -iiidi: Pierpont CJfflCIM.M IRllENEIIGIN IIDIM'IIIUIUC•IIIIIGFIIIIJII IIVMS I DN..._W The foregoing instrument was acknowledged before me this / !.± day of 4 ~ , 2006, by James W. Pierpont, husband of Judith A. Pierpont. ST A TE OF MD\ "NESOT A ) ) ss. COUNTY OF HENNEPIN ) OFFICIM.M NRIIIENEMOIWt IIOIM'IPUIUC•--GFLLIIII MrmI llN .... W :' The foregoing instrument was acknowledged before me this ( ,if day of !:!!--:~ , 2006, by Judith A. Pierpont, wife of James W. Pierpont. ~c~ Notary Public • t i . Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions. and Easements for The Fann at Long Lake The undersigned, owners ofthe central portion of the property former ly constituting Lot I 6, Block l, The Farm at Long Lake, have executed this Agreement as of the date first above written. ST A TE OF MINNESOTA ) ) ss. COUNTY OF HE'J\TNEPIN ) ~ .Pierpont ~~c:l-~~~ Judrth A. Pierpont CfflaALM. KAl81ENEMORIIN HOTARYPUIUC-nnar .... MYOOII l■IIN--W The foregoing instrument was acknowledged before me this / s:1-day of ~ , 2006, by James W. Pierpont, husband of Judith A. Pierpont. STATE OF Mll\'NESOTA ) \ ... ~ } '-'~- COUNTY OF HENNEPIN ) ~t. ~ lie -----·-NlffMWMUC•-C,1111111 lltcmt ■■----- The foregoing instrument was acknowledged before me this _}..!:_ day of A"",rd= . 2006, by Judith A. Pierpont, wife of James W. Pierpont. ~€!..~ Notary Public • I -----------l Pierpont Property Legal Description Lot 15, Block 1, and that part of Lot 16, Block 1, The Fann at Long Lake, lying southerly of the north 104.72 feet and northerly of the following described line: Commencing at the southwest comer of said Lot 16; thence North 02 degrees 12 minutes 03 seconds East, assumed bearing along the West line of said Lot 16, 101.24 feet to the point of beginning; thence South 87 degrees 47 minutes 57 seconds East, 277.16 feet; thence North 84 degrees 4 7 minutes 57 seconds East, 277 .16 feet; thence North 84 degrees 53 minutes 26 seconds East, 434.32 feet to a point on the northeasterly line of said Lot 16, distant 355.57 feet southeasterly of the northeast comer of said Lot l 5 and there terminating. I I i • I '- Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, a trustee of the Sherry G. Patterson Trust, which ho lds ownership of the northerly portion of the property formerly constituting Lot l 6, Block l, The Fann at Long Lake, has executed this Agreement as of the date first above written. STA TE OF MINNESOTA ) I I ) ss. COUNTYOF~~ 7..:..) The foregoing instrument was acknowledged before me this ~ni day vf = , 2006, by Sherry G. Patterson, Trustee of the Sherry G. Patterson Trust dated ember 15, 200 I. N~K.~ . , t . Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, owners of the southerly portion of the property formerly constituting Lot 16, Block I, The Farm at Long Lake, have executed this Agreement as of the date first above written. Jlon M. Pendt'eton U- STA TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) {l._ The foregoing instrument was acknowledged before me this 31 s1'day of Fu .. _,, , 200,, by Jon M. Pendl~et , husband of tn~/~'li?M -~K.~ STATE OF MINNESOTA ) _ _ . _ __) SS: COUNTY OF ~ENNEPIN ) The foregoing instrument was acknowledged before me this _l1_ day of ,Janua,1i . 20()1, by Meg E. Pendleton, wife of Jon M. Pendleton. 1 AMY E. MAGENNIS NOrARY PUii.iC-MiNNESOTA My Comm. Exp. Ju. 31, 2010 l I r-·---·-· ,;. J ... Signature Page to f irst Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, a trustee of the Sherry G. Patterson Trust, which holds ownership of Lot 17, Block I ... The Fann at Long Lake, has executed this Agreement as of the date first above written. Print Name: Sheny G. Pa~~rson ,J ..:s. ,errY 6. ~ 6 l) Signature .,£.=:.!::~~~:.___.Ud~~~ as Trustee of the She G. Patterson Trust da ted December 15, 2001 STA TE OF MINNESOTA ) • I ) ss. COUNTY OF t{e,;,.n'f .-i ) The foregoing instrument was acknowledged before me this ..,-'day of -~ , 2006, by Sherry G. Patterson, Trustee of the Sherry G. Patterson Trust dat ecember 15, 200 I. N~K-~ JOYCRYN K. MAntESON NOTARY PtaJCMINNEIDfA ..., Comm. Ellp. Jan. 31, 2910 1;· ' ...... EXHIBIT A The North 104.72 feet of Lot 16 and all of Lot 17, Block 1, The Farm at Long Lake, Hennepin County, Minnesota Certif i cate of Title No. 1131632 Mt:1 344 116.0 1 Signature Page to First Amendment to Declaration of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, owners of Lot 18, Block l, The Farm at Long Lake, have executed this Agreement as of th e date first above written. T/;J;W~- CfY/~__,d_ff~ MaryS.Adas STATE OF MI NNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~" The foregoing instrument was acknowledged before me this ~ 8 day of ¥-~ , 2006, by Timothy Adams, husband of Mary S. Adams. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) AUDREY PLOTNIK . NOTARY Pl.8UC·MINNE80TA Mr Ccmm. &,. Jin. 31, 2010 The foregoing instrument was acknowledged before me this ~ay of ~YJ\Nr\ , 2006, by Mary S. Adams, wife of Timothy Adams. Notary Public Si!,rnaturc Page lO First Amendment to Declaration of Covenants, Conditions, R~trictions. and Easements for The Farm at Long Lake The undersigned, owners of Lot 19, Block l, The Fann at Long Lake, have executed this Agreement as of the date first above written. e KERSTEN C JEVNE NCJl'ARY PUIIUC-MINNE80T.\ MY00MMlll810M EXPIRES ,_.,.4)1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mark Rapheal Beltrand Laurie Shull tJ~ <,Pal~ Willard C. Shull III c:;_:;x,... The foregoing instrument was acknowledged before me this .1._ day of ..... ~ ......... ---~---'--' 2006, by Elizabeth Y. Beltrand, wife of Mark Rapheal Beltrand. KERSTEN C JEVNE NOTARY~ -MINNeSOTli MY C0Hi!l8Sl0N EXPIAES 1-II-G7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public ~ The forego ing instrument was acknowledged before me this .f__ day of _,~::.........1-----==b-tf:::......::...._,, 2006, by Mark Rapheal B trand. husband of Elizabeth Y. Beltrand. l, ----~-·-··----· ST ATE OF MINNESOTA ) j ss. COUNTY OF HENNEPIN ) 1 1GM L._'~he foregoing instrument was acknowledged before me this _i_ day of X f '~ , 2006, by Laurie Shull, wife of Willard C. Shull 111. Notary Public ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~ ~ furegning instrument was acknowledged befure me this±__ day of ~~~---+ ___ m...,-__ , 2006, by Willard C. Shull III, husband of Laurie Shull. ·--~ Notary Public Signature Page lo First Amendme nt to Decla ra ti on of Covenants, Conditions, Restrictions, and Easements for The Fann at Long Lake The undersigned, owners of Lot 20, Block I, The Farm at Long Lake, have executed this Agreement as of the date first above written. ~~1~ ' ( t '"\ 0-M ~ ;w.'-z:. Judith A. Willits -- STA TE OF MINNESOTA ) ) ss. CO UN TY OF HENNEPIN ) ~ The fo"'b>oing instrument was acknowledged before me this fo~ day of "-.\>?'"T , 2006, by David S. Willits, husband of J A Willits. cLae~AI Notary Publi STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Signature Page to Fi rst Amendment to Declaration of Covenants, Conditi ons. Rcs1ric1ions, and Easements for The Farm at Long Lake The undersigned, owners of Lot 21, Block 1, The Fann at Long Lake, have executed this Agreement as or the date first above wri~ J -~~_m __ V'\_'1 ......... ~~---- Donald A. Asmussen STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN } ./J,jrJ.,h.})!. forego ing instrument was acknowledged before m. e this~ day of ~-' 2006 1 by Donald A. Asmussen, husband of Kelly A. Asmussen. No~~ STATE O F MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) --..-...... --~-----A The foregoing imtrument was ackno,wledged before me this ~ day of u..1 IL~ -1 ,.2006, by Kelly A. Asmussen, wife of Donald A. Asmussen . CAROLYN NIEMAN ~l.!'•a:'.!tf.!E:j'IINOTARYPUBLIC•MINNEIOfA My Camm, Ellp. Jan. 31, 21)'10 -. .. ..