Recorded Easements and Restrictions Lifetime 2023-13I
I
Document N umber: T 22801 9
Torrens Certificate: Listed Below
Filed and/or Recorded on
Scp 25, 2023 8:11 AM
Office of the County Recorder/Registrar of 'l-itles
Caruer County, Minnesota
Kaaren Lewis, Registrar of T]tles
Document N umber: A7 652OL
Filed and/or Recorded on
Sep 25, 2023 8:11 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy DL
Document Recording Fees $ 46.00
DocumentTotal $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 6
Deputy DL
Document Recording Fees
Addl Torrens Cert Fce
$ 46.00
$ 20.00
DocumentTotal $ 66.00
Requesting Pafi: CAMPBELL KNUTSON t']A
Pages: 6
Current Torrens Certificates :
35575.0 35s69.0
This cover page has been added to this document by Carver County [-and Rt:cords
and is now an official part of this recorded document
Prepared By/Record and Return To:
LTF Real Estate ComPanY, Inc.
2900 Corporate Place
Chanhassen, MN 55317
Attn: Roger ZoPfi
FIRST AMEI\TDMENT TO DECLARATION OF EASEMENTS AI\D RESTRICTIONS
{Chanhassen, Minnesota}
THISFIRSTAMENDMENTToDECLARATIoNoFEASEMENTSAND
RESTRICTIONS (this .,First Amendment") is made and entered into as of this 23'd day of
August, 2O23,by LTF REAL ESTATE COMPANY, INC., a Minnesota corporation ("LTF")'
RECITALS
A. LTF is the sole fee owner of real property located in Carver County, Minnesota
legally described as (i) Lot l, Block l, Arboretum Business Park 5th Addition, according to the
,."Io.ird plat thereoi('Lot 1;';; and (ii) Lot2, Block l, Arboretum Business Park 5th Addition,
according to the ,""oid"d plai thereof ("Lot 2") (Lot I and Lot 2 are hereinafter collectively
referred to as the "Lots").
B. Chaska Gateway Partners Limited Partnership, a Minnesota limited partnership
executed that certain Declaration of Easements and Restrictions, dated July 31,2003, recorded
August l,ZOO3, as Document No. Tl39l13 in the Office of the Registrar of Titles of Carver
Cointy, Minnesota, and as Document No. 4360698 in the Office of the County Recorder of Carver
County, Minnesota (the "Declaration"); and
C. pursuant to Section 3 of the Declaration, LTF, as the sole owner ofthe Lots, desires
to amend certain portions of the Declaration as more particularly described herein.
I
in connection with the construction of parking, access or storm sewer
improvements constructed within the Parking and Access Easement or
Storm Sewer Easement by or on behalf of such owner, including any
mechanic's liens asserted in connection therewith."
10. The following provision is hereby added to the end of Section I :
*k.Parking and Access Easement. As a benefit for each of the Lots and as a
burden affecting said Lots, perpetual, non-exclusive and reciprocal cross
easements for vehicular and pedestrian ingress and egress, access, and
parking, over and upon the driveways, drive aisles, parking spaces and
sidewalks as may exist on the Lots from time to time (the "Parking and
Access Easement") is hereby granted and established. The Parking and
Access Easement is granted and established solely for the benefit of the Lots
and shall benefit and burden each ofsaid Lots. The Parking and Access
Easement shall run with the title to each of the Lots and bind all persons
who now or hereafter have any right, title or interest in the Lots, their
successors, assigns and mortgagees, and shall inure to the benefit of all
persons who now or hereafter have any right, title or interest in the Lots and
their respective successors, assigns and mortgagees. The rights of Declarant
and its successors and assigns in and to the Parking and Access Easement
shall be as set forth in this Declaration."
I l. Section 3 of the Declaration is hereby amended to delete the first sentence thereof
and replace it with the following:
"Paragraph I ofthis Declaration and any provision of this Declaration related to the
Parking and Access Easement, the Storm Sewer Easement or any rights or
obligations of any party with respect thereto may be terminated, extended, modified
or amended, only with the express written consent of each of the owners of the
Lots."
12. Except as specifically provided herein, the Declaration shall be unchanged and
remain in full force and effect. In the event of any conflict between the provisions of the
Declaration and this First Amendment, the provisions of this First Amendment shall control in all
instances.
13. [n the event that any one or more of the provisions of this First Amendment shall
for any reason be held to be invalid or unenforceable, the remaining provisions of this First
Amendment shall be unimpaired and shall remain in full force and effect and be binding upon the
fee owner(s) of the Lots.
14. This First Amendment shall be governed by and construed in accordance with the
laws of the State of Minnesota.
4
IN WITNESS THEREOF, the party has duly executed this First Amendment to
Declaration of Easements and Restrictions as of the day and year first above written.
LTF REAL ESTATE COMPANY,INC.,
a Minnesota corporation
By:
Name
Title: Vice President, Deputy Counsel
STATE OF MINNESOTA )
couNTY oF cARvER iss'
The foregoing instrument was acknowledged before me this A*^rof August, 2023,
by Kari L. Broyles, as Vice President, Deputy General Counsel of LTF Real Estate Company,
Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
srrsAN M. scHLtsE
t{oTARY PUEUC
IIINNESOTArrcffinEreillJr|.
5