5591680

2069302

THE JAMESTOWN HOMEOWNERS' ASSOCIATION

This Amendment to Declaration of Covenants, Conditions, Restrictions and Easements ("Amendment") made this 14th day of September  , in the City of Plymouth, County of Hennepin, State of Minnesota, by the Jamestown Homeowners' Association, Inc., a nonprofit corporation organized under Minnesota Statutes, Chapter 317 ("Association").

     WHEREAS, the Declaration of Covenants, Conditions, Restrictions and Easements (the "Original Declaration") dated March 27, 1985, was recorded on March 28, 1985 as Document No. 4978051 in the office of the Hennepin County Recorder,* and

     WHEREAS, Additional Property, as that term is defined in the Original Declaration, was added to the development by the following supplementary declarations:

     1. First Supplementary Declaration dated August 26, 1985, 1985, and recorded on August 27, 1985 as Document No. 5026863 in the office of the Hennepin County Recorder.

     2. Second Supplementary Declaration dated December 3, 1985, and filed on December 6, 1985 as Document No. 1690306 in the office of the Registrar of Titles, Hennepin County, Minnesota and recorded on December 6, 1985 as Document No. 5059736 in the office of the Hennepin County Recorder.

     3. Third Supplementary Declaration dated October 8, 1986, and filed October 21, 1986 as Document No. 1767087 in the office of the Registrar of Titles, Hennepin County, Minnesota.

(The Original Declaration and the three Supplementary Declarations shall hereinafter be collectively referred to as the "Declaration".)

     WHEREAS, the Declaration subjects certain real property, located in Hennepin County and legally described in the Declaration's Exhibits A and B, to the terms of the Declaration.

     WHEREAS, the Bylaws of the Jamestown Homeowners' Association, Inc. dated March 27, 1985 were recorded March 28, 1985 as Document No. 4978338 in the office of the Hennepin County Recorder.

     WHEREAS, the Association wishes to amend its Declaration as follows: 1. Replace in its entirety Paragraph 3.3(c) of Section 3 of the Declaration regarding the ownership and maintenance of fencing; and

2. Amend Paragraph 6.2 of Section 6 of the Declaration regarding the purpose of assessments; and

13. Amend Paragraph 6.8(a) of Section 6 of the Declaration

     WHEREAS, the Secretary's Certificate attached hereto certifies that at least seventy-five percent (75%) of each existing class of Owners have submitted prior written approval of this Amendment to the Declaration, as required by Paragraphs 10.4 and 12.4 of the Declaration ("Amendment") and have authorized the undersigned officers to execute the same and to cause the original or a certified copy of the Amendment to be recorded in the office of the County Recorder and the office of the Registrar of Titles in and for Hennepin County, Minnesota; and

     WHEREAS, the Association, as required by Paragraph 10.4 of the Declaration, has received Consents of Mortgagees (hereinafter "Consents") representing the prior written approval of at least seventy-five percent (75%) of the first mortgagees, and the Secretary's Certificate attached hereto certifies that this approval has been received.

NOW, THEREFORE, the Declaration is hereby amended as follows:

     1. Paragraph 3.3(c) of Section 3 is hereby replaced in its entirety with the following:

(c) The following will apply to fencing:

     (i) DEFINITIONS. Fencing shall fall into three categories, and shall hereinafter be referred to as Type I, Type II or Type III fencing as set forth below:

TYPE I - Fencing that the Declarant installed along portions of the rear and side lot lines of the Lots.

TYPE II - Fencing that an Owner erects (or has already erected) on or along lot lines of the Lots; or fencing which an Owner erects (or has already erected) which joins with or abuts TYPE I or TYPE II Fencing that exists on or along the lot lines of the Lots.

TYPE III - Ail other fencing which an Owner erects (or has already erected).

     (ii) OWNERSHIP OF FENCING. The Association shall own all TYPE I and TYPE II Fencing. TYPE III Fencing remains the property of the Owner who erected such fencing.

     (iii) PERFORMANCE OF MAINTENANCE, REPAIR AND REPLACEMENT WORK INVOLVING FENCES. The Association shall control the performance of all maintenance, repair and replacement work on TYPE I, TYPE II and TYPE III Fencing.

     (iv) THE COST OF MAINTAINING, REPAIRING, AND REPLACING TYPE I, TYPE II, AND TYPE III FENCING.

     (aa) The cost of maintaining, repairing and replacing TYPE I Fencing shall be assessed against the Lots as a part of the general annual assessment as set forth in Section 6 hereof, except as provided in Paragraph 3.3(e)(iv)(bb) of Section 3. The cost of maintaining, repairing, and replacing TYPE II and TYPE III Fencing shall be the responsibility of the Owner who erected such additional fencing and that Owner's Successors in title (hereinafter collectively the "Fence Constructor"). These costs shall be charged to the Fence Constructor as a Fencing Maintenance Charge. A Fencing Maintenance Charge shall be treated as an assessment for the purpose of applying paragraph 6.8 of the Declaration.

     (bb) If a Fence Constructor constructs or has constructed TYPE II Fencing that joins to or abuts with TYPE I Fencing, the cost of maintaining, repairing and replacing the TYPE I Fencing lying on or along the Fence Constructor's lot line to which the Type II Fencing adjoins or abuts shall become the responsibility of the Fence Constructor who constructed the Type II fencing.

     (iv) The Association shall have an easement to go upon any. lot in connection with the maintenance, repair or replacement of all TYPE I, TYPE II and TYPE III Fencing. Each Owner shall report to the Association any defect or need for maintenance, repair or replacement of any TYPE I, TYPE II or TYPE III Fencing. The repair or replacement of any TYPE I, TYPE II or TYPE III Fencing shall be at the sole discretion of the Board of Directors of the Association. Any alterations in and or additions to the existing TYPE I Fencing shall be governed by the provisions of Section 7 hereof which requires approval of the Board of Directors or a committee appointed by the Board of Directors.

     (v) In connection with the construction, maintenance or repair of any TYPE I, TYPE II or TYPE III Fencing, the Association shall not be liable for any damage caused to plants, shrubs, vines, bushes, trees, sod or any other landscaping such as landscaping rock, wood chips, planters, trellises, etc. and Owner shall be responsible for any and all damages to any portion of a TYPE I, TYPE II or TYPE III Fencing caused by the negligence, misuse or neglect of the Owner, family member, guest, business invitee or tenant, in which case the expense shall be charged to the Owner via a Fencing Maintenance Charge in accordance with the provisions of Section 3, Paragraph 3, Subparagraph (c), Subsection iv.

     2. Paragraph 6.2 of Section 6 is hereby amended by adding the words underlined and deleting the words lined out in the reproduction of Paragraph 6.2 below:

     6.2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purposes of Promoting the pleasure, health, safety, and welfare of the residents of the Property and, in particular, for the maintenance and reasonable replacement reserves, of the Limited Common Areas and services and facilities devoted to such common purposes, including but not limited to maintenance of the recreational and playground improvements located on the Common Area, maintenance, snow removal and repair of the Limited Common Elements, private utilities, and maintenance and repair of all Association Type I Fences, except as provided for in 3.3c)ii)bb), and monuments. Such assessments shall also be used for reasonable replacement reserves and insurance. All expenditures of the Association for the above stated purposes, shall be uniformly assessed against all lots in the Property except as follows:

3. Paragraph 6.8 of Section 6 is hereby amended by the adding the words underlined in the reproduction of Paragraph 6.8(a) below:

     6.8. Effect of Nonpayment of Assessments~ the Personal Obligation of the Owner; the Lien; Remedies of Association.

a. If any assessment is not paid on the date when due, then such assessment shall become delinquent and shall together with such interest thereon at eight percent (8%) pet annum or the highest rate allowable under the then existing state and/or federal law under similar circumstances, and costs of collection thereof, as hereinafter provided, thereupon become a continuing lien on such Lot or Lots, which shall bind such Lot or Lots in the hands of the then Owner, his heirs, devisees, personal representatives, and assigns. The personal obligations of the then Owner to pay such assessments, however, shall remain his personal obligation and snail not pass to his successor in title unless expressly assumed by them. Such liens shall run in favor of the Association and shall be superior to all other liens and encumbrances on such Lot except for the following:

(i) liens for general real estate taxes and special assessments levied by any governmental authority; and (ii) a lien of any first Mortgage or Contract for Deed. The term "assessment" as used in this Section 6.8t shall include the Fencing Maintenance Charge provided for in Paragraph 3.3c)ii)aa).

4. Except as amended hereby, the Declaration shall remain unmodified and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Declaration to be executed the year and date first above written.

This instrument was drafted by:

Briggs and Morgan, P.A.
2200 First National Bank Building
Saint Paul, MN 55101

SECRETARY'S CERTIFICATE

The undersigned, being the duly elected and acting Secretary of the Jamestown Homeowners' Association, Inc. (the "Association"), a non-profit corporation organized under the laws of the State of Minnesota to administer, operate and manage Jamestown, a townhome project (the "Townhomes") does hereby certify that at least seventy-five percent (75%) of first mortgagees have given prior written approval of this Amendment and at least seventy-five percent (75%) of each existing class of Owners, as defined in paragraph 5.2 of the Declaration, have submitted prior written approval of the attached Amendment to Declaration and authorized the president and secretary of the Association to execute the same and to cause the original or a certified copy thereof, along with this Secretary's Certificate, to be recorded in the office of the Hennepin County Recorder and Registrar of Titles as required by Sections 10.4 and 12.4 of the Declaration and that the copy of said Amendment attached hereto is a true and correct copy of the original thereof which is on file in the minute book of the Association.