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Home My WebLink About192361 I.-_; 1175305 GISiERED VOLI��Qf PAGV =E- � j. OFFICE OF REGISTRAR OF TITLES STATE OF MINNESOTA COUNTY OF HE14NEPIN 1 hereby certify that the within instrumehl was filed in this office on the 11 day of MAY A.D. 1976 at o'clock y? M. 44 91- B STRAR OF TEES !Z&-DEPUTY REGISTRAR OF TITLE f i 1 mss_ s �-- ��— - -- rPrgOT TT'^T(IU Cit V% of �t 480% WEST FIFTIETH STREET EDINA, MINNESOTA D5424 927 -8861 RESOLVED, that the City Council of the City of Edina does hereby release Lot 4, Block 6, Yorktown, according to the duly recorded plat thereof, Hennepin County, 1innesota, from the covenants and restrictions set out in paragraph 5.c) of the Declaration of Restrictions and Protective Covenants filed as Document No, 1033727, Files of the Registrar of Titles, Hennepin County, Minnesota. BE IT FURTHER RESOLVED, that the foregoing resolution shall not be effective unless and until there is delivered to the City an amendment to said Declaration of Restrictions and Protective Covenants, duly signed by the owner and all claimants of an interest in said Lot 4, and in record -- able form, reimposing upon said Lot 4 the following, restrictions: 1. (i) Each building on Lot 4, Block 6, Yorktown, containing dwelling units shall be a combination of three, four, and five stories itt height; (ii) Buildings, parking areas, driveways, and other, hard --' surfaced, nonvegetative areas on the lot shall not cover, in the aggregate, more than sixty (60 %) percent of the area of the lot. 2. The covenants and restrictions herein contained may be released only by the City of Edina and may be released as to Lot 4, Block 6, Yorktown, by the City of Edina at any time and from time to time by its sole act. Any such release shall be done by resolution of the Edina City Council and shall be effective only upon the recording of such resolution in the same office in which said amended Declaration of Restrictions and Protective Covenants has been recorded. ADOPTED this 19th day of April, 1976. STATE OF MINNESOTA ) COUNTY OF IIENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina., do ,hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of April 19, 1976, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal*of said City this 21st day of April, 1976.' City Clerk J (qz� 192,3 117//5?06 COPY OFFICE OF REGISTRAR OF TITLES STATE OF MINNESOTA COUNTY OF HENNEPIN hereby certify that the within instrument was filed in this office on the 11 day of MAy A.D. 1976 at .4 o'clock / 9 M. R "TRAR OF T TLES By DEPUTY REGISTRAR OF TIT6EI ff ' 1 AMENDED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amended Declaration of estrictions and Protective Covenants, made this fir! day of 1976, by METRAM PROPERTIES COMPANY, a Minnesota co poration ( "Metram "), WITNESSETH THAT: WHEREAS, Metram is the owner of Lot 4, Block 6, York- town, according to the duly recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, said Lot 4 is encumbered by a Declaration of Restrictions and Protective Covenants (the "Declaration ") filed in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1033727; and WHEREAS, the Declaration provides in paragraph 8 thereof that the covenants and restrictions contained in the Declaration may be released by the City (formerly Village) of Edina by resolution of the City Council; and WHEREAS, the Edina City Council has duly released the restrictions found in paragraph 5.c) of the Declaration which pertain to Lot 4, Block 6, Yorktown. NOW, THEREFORE, as a substitute for the restriction in paragraph 5.c) of the Declaration that has been released by the Edina City Council, Metram does hereby impose upon Lot 4, Block 6, Yorktown, and Lot 4, Block 6, Yorktown, is hereby made subject to, the following covenants and restric- tions, which shall operate as equitable restrictions and covenants passing with the title to Lot 4, Block 6, York- town, and shall apply to and bind each and every present and future owner, occupier, and encumbrancer thereof, in addi- tion to the unreleased covenants and restrictions in the Declaration which are applicable to said Lot 4, to -wit: 1. (i) Each building on Lot 4, Block 6, Yorktown, containing dwelling units shall be a combination of three, four, and five stories in height; (ii) Buildings, parking areas, driveways, and other hard- surfaced, nonvegetative areas on the lot shall not cover, in the aggregate, more than sixty (600) percent of the area of the lot. 2. The covenants and restrictions herein contained may be released only by the City of Edina and may be re- leased as to Lot 4, Block 6, Yorktown, by the City of Edina at any time and from time to time by its sole act. Any such release shall be done by resolution of the Edina City Council and shall be effective only upon the recording of such resolution in the same office in which this instrument has been recorded. ME TRAM PROPERTIES CO111PANY STATE OF MINNESOTA) By ) SS Its COUNTY OF HENNEPIN) The fore i.ng instrument was acknowledged before me this .day of 1976, by the t_ ..; r IE'rJ ; of Metram Properties Company, a Minnesota corporation, on behalf of the corporation. ,This instrument was drafted by: M4stor and Mattson, Ltd. Notary Pub -,15 Peavey Building ROXANNE S. SHAW Mifnneapolis, Minnesota 55402 �r' i! tw��RYPUSttG-- MJNtJESOtp HENNEPIN COUNTY bty THIS INSTRUMENT IS EXEMPT FROM STATE DEED `IAX �. Co0off nExpirasAtrg. It, i878 \ T k' b CONSENT OF MORTGAGEE The undersigned, mortgagee of Lot 4, Block 6, Yorktown, according to the duly recorded plat thereof, Hennepin County, Minnesota, as evidenced by Document No. 1095553, files of the Registrar of Titles, Hennepin County, Minnesota, hereby -loins in the Amended Declaration of Restrictions and Pro- tective Covenants to which this Consent is attached, and does hereby, for itself and its successors and assigns, agree that its mortgage lien, and its interest as mortgagee, in, on, and to said Lot 4 is subject to the covenants and restrictions imposed upon said Lot 4 by the said Amended Declaration of Restrictions and Protective Covenants. FIR By r and Dated. ar 74 STATE OF MINNESOTA) ) SS COUNTY OF RAMSEY ) On this 5th day of April , 1976, before me, a Notary Public within and for said county, personally appeared E. G. wollerman and Gregory J. Bronk to me personally known, who, being each by me duly sworn, did say that they are the Vice President and Assistant Vice President respectively, of FIRST NATIONAL BANK OF ST. PAUL, a national banking association, that the seal affixed to said instru- ment is the seal of said bank, and that said instrument was signed and sealed in behalf of said bank by authority of its Board of Directors, and said E. G. Wollerman and Gregory J. Bronk acknowledged said instrument to be the free act and deed of said bank. Notary Public MARK Vi . ..#1 f10TARY PUBt.t; :.. .a RAMSEY Cbt1 ?t, r f* CArnM)"ian Wii9s June 12, 1982 Y