2001-11-20 Common Interest Cmty No. 30 1st Amendment
,
", < ... .
(Above Space Reserved for Recording Data)
COTTAGES OF ALBERTVILLE TWO
COMMON INTEREST COMMUNITY NO. 30
Planned Community
FIRST AMENDMENT TO DECLARATION
This First Amendment to Declaration of Cottages of Albertville Two (the "Amendment") is
made, effective on the date of recording hereof, by Cottages of Albertville Two, Association, a
Minnesota nonprofit corporation (the "Association"), with the approval of at least sixty-seven percent
(67%) ofthe votes in the Association, and of the City of Albertville (the "City").
"
,
--------
RECITALS
WHEREAS, the Declaration of Cottages of Albertville Two (the "Declaration") was recorded
in the office of the County Recorder in and for Wright County, Minnesota as Document No. 681119.
The terms used in this Amendment shall have the same meaning as they have in the Declaration, and
WHEREAS, the Declaration established a plan for the use, operation, maintenance and
preservation of the Property, and
WHEREAS, the Association, with the approval of the Owners and the City, desires to amend
the Declaration in accordance with the terms of this Amendment.
THEREFORE, the Association, with approva;l of at least sixty-seven percent (67%) ofthe votes
in the Association, and with approval ofthe City, hereby makes this Amendment, and declares that the
Property shall be held, transferred, sold, conveyed, used and occupied subject to the covenants,
restrictions, easements, charges and liens set forth in the Declaration, as amended by this Amendment,
and that all persons or entities, and their heirs, personal representatives, successors and assigns, having
or acquiring any interest in the Property shall be bound hereby.
::ODMAIGRPWISEIFELLA W"MPLS.MPLS Doc Ub.llI}': 160192.1
AMENDMENT
Section 7.7 of the Declaration is restated in its entirety, to read as follows:
A. No animal may be bred, or kept or maintained for any purposes, anywhere on
the Property. The word "animal" as used in this Section 7.7 shall be construed
in its broadest sense and shall include all living creatures except humans;
B. The restrictions set forth in Section 7.7.A shall not apply to the following: (i) an
animal kept solely as a statutorily authorized "service animal" used by a
handicapped Person; and (ii) an animal owned by an Owner and kept at the
Property prior to the date of recording of this Amendment, which animal would
otherwise have conformed to the restrictions set forth in Section 7.7 of the
Declaration that existed prior to this Amendment (a "Conforming Animal"). If
a Conforming Animal dies, the owner(s) of that Conforming Animal shall not
keep anywhere on the Property an animal to take the place of the Conforming
AnimaL Notwithstanding the foregoing, the Association shall have the authority
and discretion to allow an animal to be kept on the Property for a limited period
of time for emergency purposes.
C. Rules and Regulations may be adopted by the Association to regulate animals
kept on the Property, including, but not limited to the type of animals allowed
to be kept on the Property pursuant to Section 7.7.B.
Except as modified by this Amendment, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has executed this Amendment this .st~ day of
JJrHJtM. b~ r ,2000, effective upon the date of recording of this Amendment.
COTTAGES OF ALBERTVILLE TWO,
ASSOCIATION
By:
Title:
R~~
fJec:rI()~/
STATE OF MINNESOTA )
) ss.
COUNTYOF W"I~lt- )
The foregoing instrument was acknowledged before me this 'S +"-.. day of t-J oV ~ WI. bd. r ,
2000, by Ro~ t/olc..k..a..\' , the Pr'eS.'d(l1'\. + of Cottages of
Albertville Two, Association, a Minnesota nonprofit corporation, on behalf of the corporation.
Nk ~. ~~
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON & VOGT, P.A.
601 Second Avenue South, Suite 4200
Minneapolis, Minnesota 55402-4302
(612) 373-8418
- ,-
"" SHARON L. LEINTZ
;--~;(~i NOTARY PU8lJC.MINNESOTA
I '~" MY """"""'" ""... ..,...,.
.~~."Vh~~""".
::ODMA\GRPWISEIFELLAW.MPLS.MPLS Doc Library: 160192. J
-2-
AFFIDAVIT OF PRESIDENT
STATE OF MINNESOTA )
) ss.
COUNTY OF l.Dt-f~ l- )
The undersigned, President of the Cottages of Albertville Two, Association, a Minnesota
nonprofit corporation, being first duly sworn on oath, hereby swears and certifies, pursuant to the
applicable provisions ofthe Declaration of Cottages of Albertville Two (the "Declaration"), thatthe First
Amendment to Declaration of Cottages of Albertville Two to which this Affidavit is attached has been
duly approved by a vote of the Board of Directors of the Association, and by the Owners of the Units
in the common interest community, in compliance with the requirements of the Declaration.
V<~
President
STATE OF MINNESOTA )
) ss.
COUNTY OF Wl'i~-\- )
Subscribed and sworn to before me this :5 t~ day of 1J () U e nt b iJ r- , 2000, by
RcH\ t/ e. dL.e r , the President of Cottages of Albertville Two,
Association, a Minnesota nonprofit corporation, on behalf of said corporation.
.J\...A. _ 1lI"...v...AV;..NJ'.NIMI':.VN....."NNY 1\1.""1
I SHARON L. LEINTZ
NOTAIn' PUIIL/CoMfHNUOTA
'''. ,,,_'" MY COMMSSION IXPIfIIS 1414005
.v~Jlr,NV~.......v.Y~'fA,..
\.
~A~L 01 /~
Notary Public .
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON & VQGT, P.A.
601 Second Avenue South, Suite 4200
Minneapolis, Minnesota 55402-4302
(612) 373-8418
::ODMA\GRPWISElFELLA W.MPLS.MPLS Doc Library: 160192.1
-3-
Y' >I ',. ,"..
COM1VION INTEREST COMMUNITY NO. 30
COTTAGES OF ALBERTVILLE TWO
CONSENT BY CITY OF ALBERTVILLE
The City of Albertville (the "City"), hereby consents to and approves the attached First
Amendment to Declaration of Cottages of Albertville Two.
TL
IN WITNESS WHEREOF, the City has caused this Consent to be executed on the 0?t1 day
OfLj;~ ,2001-.
~.b
/
STATE OF MINNESOTA)
) ss.
)
COUNTY OF W,.,'"" f
,
The foregoing instrument was acknowledged before me this ;lot( day of ~ vthtb/;. , 200 ~
by 7;1." () hOIl> and L ,),/~ r;. () ,6
the Mayor and City Administrator, respectively, of the City of Albertville, on behalf of the City.
7AL/ (~
Notary Pubiic
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON & VOGT, P.A.
601 Second Avenue South, Suite 4200
Minneapolis, Minnesota 55402-4302
(612) 373-8418
G;: MICHAEL C. COUAI
n ~J NOTARY PUBLIC - MINNESOTA
~._~ My Comm. Exp. Jan. 31, 2005
::ODMAIORPWISE\FELLAW.MPLS.MPLS Doc Libruy:I60I92.1