4g8869€¦ · 4g8869 condominium number ... this amendment is made this 29th day of june, 1984, by...

· .

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4G8869 Condominium Number 38

SUNNYSIDE II CONDOMINIUM

SECOND AMENDMENT TO DECLARATION

THIS AMENDMENT is made this 29th day of June, 1984, by

SUNNY-CROIX LIMITED, a Minnesota limited partnership

-(hereinafter referred to as "Croix") and SUNNYSIDE II LIMITED

PARTNERSHIP, a Minnesota limited partnership (hereinafter

, referred to as "TWO') (said Croix and TWO being hereinafter ,-

collectively referred to as "Declarants), pursuant to the

provisions of the Minnesota Uniform Condominium Act, Chapter

582, Session Laws of Minnesota for 1980, Minnesota Statutes

Sections 515A.I-IOl to 515A.4-117 (hereinafter referred to as

the "Act"). \ ~

WITNESSETH THAT:

WHEREAS, on November 16, 1983, the Declarant executed a

certain Declaration entitled "Condominium Number 38, Declaration

for Condominium, Sunnyside II Condominium" together with

Exhibits attached thereto (hereinafter referred to as the

"Declaration"), which Declaration together with the Site Plan,

Floor plans and By-Laws were filed for record in the office of

the County Recorder in and for Washington County, Minnesota,

respectively as Document No. 455541 (Declaration), Document No.

455542 (Bylaws), and Document No. 455540 (Site plan and Floor

Plans); and

WHEREAS, the Decla~ation, and pa~ticula~ly pa~ag~aphs

U,l. th~ough U.IO. the~eof, ~ese~ves the option and ~ight of one

of the Decla~ants (namely, Two) unde~ Section SlSA.2-106(1) of

the Act to add Additional Real Estate to the Condominium; and

WHEREAS, on June 26, 1984 Decla~ants executed a

Fi~st Amendment to Decla~ation ~evising Exhibit A, which said

Fi~st Amendment was filed in the office of the County Recorder

for said County as Document No. 468637 ; and

WHEREAS, the Additional Real Estate is described in

Exhibit A to said First Amendment under the ~eadings "Tract II"

and "Tract III"; and

WHEREAS, Two is the fee owner of the Subjected Portion

(hereinafter defined) of the Additional Real Estate and

constitutes all persons having an interest the~ein within the

meaning of Section SlSA.2-111(a) of the Act; and

WHEREAS, Paragraph S of the Declaration requires the

approval (or waiver of right to approve) by the Administ~ator of

Veterans Affairs, Veterans Administ~ation, for any amendment to

the Declaration, " ... wh.ich adds additional land to this

condominium (including amendments pursuant to the Flexible

Condominium provisions set forth hereinafter) ... "; and

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WHEREAS. the Administrator of Veterans Affairs has

approved this Second Amendment in writing. a copy of which

approval is attached hereto as Exhibit A; and

~~EREAS. Croix has no ownership interest in the

Subjected portion. but joins in this Amendment as one of the

original Declarants.

NOW. THEREFORE. said Declarants hereby make the

following Second Amendment to Declaration adding to the

condominium those certain portions of the Additional Real Estate

described in Exhibit B hereto attached (hereinafter referred to

as the "Subjected Portion") and improvements thereon. consisting

of six (6) residential units in one building and appurtenances.

and hereby specifying that the Declaration shall constitute

covenants running with the land and shall be binding on said

Declarant. their successors and assigns. and all subsequent

owners of all or any part of said Subjected Portion and

improvements together with their grantees. successors. heirs.

personal representatives. devisees and assigns.

1. Time Limi t.

Paragraph U.2. of the Declaration provides that

this option to add Additional Real Estate shall lapse (if not

theretofore exercised) upon the earlier of the following events:

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'The passage of seven (7) years from the date of recording of this Declaration; or

The recording of a written waiver and surrender of such option by Two."

neither of which events has taken place as of the date of this

second Amendment.

2. Division of Property in Additional Real Estate.

Declarants hereby covenant and agree that they

hereby divide the subjected Portion of the Additional Real

Estate into the following separate estates:

(a) condominium Units. Six (6) separately designated and legally described residential condominium units, as shown on the First Supplemental Floor Plans for Condominium Number 38, sunnyside II Condominium, prepared in accordance with Section 5l5A.2-ll0(c) of the Act by James Simonet, Registered Land surveyor and Peter Racchini, Registered Architect, which said First Supplemental Floor Plans shall be recorded in the office of the County Recorder of Washington county, Minnesota, contemporaneously herewith and are incorporated herein by reference and made a part hereof, and hereinafter are collectively called the "First Supplemental Floor Plans'. Each of said six (6) condominium units is hereby assigned the identifying number shown on said First supplemental Floor plans.

(b) Common Elements. The remaining portion of the Subjected portion of the Additional Real Estate, which is hereby added to and becomes a part of the common elements of the Condominium described in the Declaration.

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3. Reallocation of Interests, Votes and Liability.

For purposes of this Second Amendment, the

ownership of each condominium unit in the Condominium as hereby

amended (including both the Real Estate and the Subjected

Portion of the Additional Real Estate) shall include a

respective undivided interest in the common elements, a portion

of the votes in the Association, and a fraction of the common

expenses of the Association, each in the fraction specified and

established for each unit in Exhibit C attached to this Second

Amendment. Common expenses benefiting less than all of the

units (as determined by the Board of Directors) may be assessed

by the Association against only those units benefited. In such

a case, said expenses shall be allocated among units benefited

in proportion to their common expense liability.

4. Limited Common Elements.

Certain portions of the common elements in the

Subjected Portion of the Additional Real Estate are hereby set

aside and designated as reserved for use by a certain

condominium unit to the exclusion of other units, and said

portions shall be known as limited common elements. In addition

to the limited common elements specified by Section

515A.2-102(2) and (4) of the Act, the limited common elements

for the use of respective condominium units within the Subjected

Portion of the Additional Real Estate are as depicted on the

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First Supplemental Floor Plans and include the decks adjacent to

a particular unit. Limited common elements shall be maintained

and repaird by the Association, but the common expense

associated therewith shall be assesssd against the unit to which

that limited common element is assigned.

S. Other Terms Applicable; Additional Restrictions.

All restrictions in the Declaration affecting use,

occupancy and alienation of units will apply to units created in

the Subjected Portion of the Additional Real Estate and all

other terms of the Declaration shall govern and apply uniformly

to the Subjected Portion of the Additional Real Estate and the

units created therein as well as to the units created by the

original Declaration except only as to the reallocation of

interests, votes and liability expressly adopted by this Second

Amendment.

6. Service of Statutory Notice.

Proofs of service upon the Association and upon

the occupants of each unit within the original Condominium in

conformity to Section SlSA.2-111(b) of the Act are attached

hereto as Exhibits D (incorporating Exhibit D-1) and E

(incorporating Exhibits E-1 and E-11) respectively.

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IN WITNESS WHEREOF, Declarants have caused this Second

Amendment to Declaration to be executed the day and year first

above written.

STATE OF MINNESOTA ) ) SS.

COUNTY OF HENNEPIN )

SUNNY-CROIX LIMITED, a Minnesota Limited Partnership

By Croixdel, Inc., a Minnesota corporation, as General Partner of said limited partnership

SUNNYSIDE II LIMITED PARTNERSHIP, a Minnesota limited partnership

By Territorial Land Development, Inc., a Minnesota corporation, as General Partner of said limited par tnership

BY""~~ pres1\tOfSaiCOrpora t10n

.The foregoin instrument was acknowled e th is ;z.7 tFi day of UN L , 1984, by /.A{ , mm< --;1:To' -O;Z the Presidentf C r o· d ,I n c . :ra'-;M"'i---:nfi:~7:'------corporation, General Partner of ' limited partnership, on behalf

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)I:~~,AAlI/V\l\t""#tNo./lA •

I~· KATHRYN O. HANSON I ,.f~l~ NOTARY PUDLlC·MINNESOTA "->.,,- HEN:aIN COUNTY

~ My CommiHion [l;.'i:es Dec. 15.1985 ~ )(Y'VWI/VV'VIIYVV'VV\"/I"V\f\.\JVVVVVVVIII/ If

nesota



corporation, partnership, partnership.

THIS INSTRUMENT WAS DRAFTED BY: N. Walter Graff Bes t & Flanagan 4040 IDS Center Minneapolis, MN 55402

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.~"~/'N..NI..

I$.J:!.·. KATHRYN O. HANSON ~ \.¥-~~ NOTARY PUBLIC-MINNESOTA ~. HENNEPIN COUNTY

My Commi3sion Expife; Oec. 15, 1985 ~ )I~ .... v·.VVVV\I'IIVVVV)(

CONDOMINIUM NUMBER 38



EXHIBIT A

APPROVAL OF VETERANS ADMINISTRATION

THE ADMINISTRATOR OF VETERANS AFFAIRS, an Officer of the United States of America, hereby consents and approves CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, SECOND AMENDMENT TO DECLARATION, to which this Approval is attached, and the' subjecting of the additional real p~operty described therein according to the provisions of that CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, DECLARATION, dated November 16, 1983 and filed as Document No. 455541 in the office of the county Recorder, Washington County, Minnesota.

IN WITNESS WHEREOF, HARRY N. WALTERS, as Administrator of Veterans Affairs, on this 2nd day of August , 1984, has caused this instrument to be signed in his name and on his behalf by the undersigned John Gallager of the Veterans Administration, an agency of the United States, being thereunto duly appointed, qualified and acting pursuant to Sections 212, 1811 and 1820 of Title 38 united states Code, and the regulations pursuant thereto, 38 C.F.R. Sections 36:4342 36:4520, as amended by 45 Federal Register 21242 (1980). undersigned's position may be confirmed at Telephone No. 725-4120.

HARRY N. WALTERS

and The

(612)

Administrator of Veterans Affairs

()./Yd& erans Administration

Bishop Henry Whipple Federal Bldg. Fort snelling st. Paul, Minnesota 55111

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STATE OF MINNESOTA } } SS.

COUNTY OF RAMSEY }

On this 2nd day of August , 1984, before me a Notary Public appeared John GaIYager , a

Representative of the Veterans Administration, an agency of the united States of America, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he is delegated the authority to execute the same as said Representative in behalf of the Administrator of Veterans Affairs, for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

e'" TIMOTHY L NOLDE , ti0TAlY 'U6l1C.-:MI~Uj

:-\ RAMSEY CotMY My comm;uion expiret Jon. 27, 1990

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CONDOMINIUM NUMBER 38 SUNNYSIDE II CONDOMINIUM


EXHIBIT B

All that part of Government Lot 4, Section 34, Township 30 North, Range 20, in the City of Oak Park Heights, Washington County, Minnesota, described as follows:

Commence at the intersection of the South line of said Government Lot 4, and the Easterly right of way line of Chicago & Northwestern Transportation Company;

thence North 20 0 27'30" West, assumed bearing, along said Easterly right of way line for 784.30 .feet to the point of beginning of this description, said point of beginning also being the intersection with the centerline of a storm sewer easement being 50 feet wide, Doc. No. 269579, recorded in Book No. 302 Deeds, page 746 as now on file in the office of the County Recorder, in and for the County of Washington, State of Minnesota;

thence North 830 39'52" East along said centerline of a storm sewer for 154.96 feet;

thence North 25 0 11'39" West for 456.65 feet to the Southeasterly corner of a tract of land recorded in Book No. 156 Deeds, page 221, as now on file in the said office of County Recorder;

thence South 84 0 14'00" West along the Southerly line of the above said tract to its intersection with the Easterly right of way line of said railroad for 125.3 feet more or less, recorded 119.3 feet; thence Southerly along the Easterly right of way line for 479 feet more or less to the point of beginning;

SUbject to and together with easements for access and utilities described in Doc. No. 445473, including the easements over the Westerly 20 feet of Tracts I and II described in Doc. No. 445473.

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EXHIBIT C

Fraction of Undivided Interest in Common Address:

unit Area In Elements, Common Oak-Park Heights No. Sq. Ft. Expenses and votes Minnesota 55082 --

1 2,500 1/12 6345 North st. Croix Trail 2 2,500 1/12 6343 North St. Croix Trail 3 2,500 1/12 6341 North st. Croix Trail 4 2,500 1/12 6339 North St. Croix Trail 5 2,500 1/12 6337 North St. Croix Trail 6 2,500 1/12 6335 North st. Croix Trail

7 2,500 1/12 6411 North st. Croix Trail 8 2,500 1/12 6409 North St. Croix Trail 9 2,500 1/12 6407 North st. Croix Trail

10 2,500 1/12 6405 North St. Croix Trail 11 2,500 1/12 6403 North St. Croix Trail 12 2,500 1/12 6402 North St. Croix Trail

TOTALS: 30,000 1

-12 -




EXHIBIT D

STATE OF MINNESOTA ) ) SS. AFFIDAVIT OF PERSONAL SERVICE


KATHRYN D. HANSON, being first duly sworn upon oath, deposes and says tha t on the 23 day of July , 1984 , she served the attached Notice of Intention to Add Additional Real Estate (a copy of which is attached hereto as Exhibit D-I), together with a copy of the First Amendment to Declaration (to which this Affidavit is attached) upon Sunnyside II Condominium Association, Inc. (the 'Association') therein named at 311 South 3rd Street , Oak Park Heights, Minnesota, in the County of Washlngton, by handing to and leaving with Tinothy L. Nolde , President of said Asso iation, a true

and correct copy thereof.

Further Your Affiant

Subscr ibed and swoJP to before me ,/ t his .:J. u..4. da y 0 f W7-<>.:d- , 19 8_,_ .

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EXHIBIT D-I

NOTICE OF INTENTION TO ADD ADDITIONAL REAL ESTATE

TO: Sunnyside II Condominium Association, Inc.

YOU WILL PLEASE TAKE NOTICE that sunnyside II Limited partnership, a Minnesota Limited partnership, as owner of the Additional Real Estate, intends to add Additional Real Estate to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.I-IOl to 5l5A.4-117 (hereinafter referred to as the ·Act·).

Attached hereto is a copy of the Second Amendment to Declaration.

This notice is given pursuant to Section 515A.2-111(b) of the Act.

DATED:


By Territorial Land Development, Inc., a Minnesota corporation, as General Partner of said limited partnership

BY~~~ President of said corporation

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EXHIBIT E

STATE OF MINNESOTA ) ) SS. AFFIDAVIT


KATHRYN D. HANSON, being first duly sworn upon oath, deposes and says:

1. That she is an employee of Best & Flanagan, 4040 IDS center, Minneapolis, Minnesota 55402.

2. That under date of August 2 , 1 98....L, she mailed a copy of the Notice of Intention to Add Additional Real Estate, a copy of which is attached hereto and made a part hereof as Exhibit E-I to the occupants set forth on Exhibit E-II attached hereto and made a part hereof who are entitled to legal notice under Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes 515A.2-111(b), by placing a copy thereof in a sealed envelope postage prepaid and depositing the same in the U.S. Mails at Minneapolis, Minnesota, addressed t sai ,,?ccupants at their addresses as set forth on Exhibit E-I \

Further Your Affiant

Subsc~ibed and sW9{n to before me cI this d("-c( day of u.n'!!v.d , 198_7_.

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EXHIBIT E-I

NOTICE OF INTENTION

TO ADD ADDITIONAL REAL ESTATE

TO: Occupants Entitled to Legal Notice

YOU WILL PLEASE TAKE NOTICE that sunnyside II Limited partnership, a Minnesota Limited Partnership, as owner of the Additional Real Estate, intends to add Additional Real Estate to condominium No. 38, sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.l-10l to 515A.4-117 (hereinafter referred to as the ·Act·).

This notice is given pursuant to Section 515A.2-111(b) of the ACt.

A copy of the Second Amendment to Declaration has been served on sunnyside II Condominium Association, Inc. pursuant to said Act.

DATED:



By __ ~'JI~~~~==~~~,~~~~~~~~ President of said corporation

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EXHIBIT E-Il

occupant Address

1 Richard Jones and Jean Jones 6345 Nor th st. Croix Trail

2 Larry Peterson and Gloria 6343 Nor th st. Croix Trail

Peterson 3 Frank Armatis and Kathy 6341 Nor th st. Croix Trail

Armatis 4 Don Lambert and Shirley 6339 Nor th st. Croix Trail

Lambert 5 Richard Martin 6337 Nor th st. Croix Trail

6 Bruce Brown and Sharon Brown 6335 Nor th St. Croix Trail

7 Sunny-Croix Limited and 6411 North St. Croix Trail Sunnyside II Limited Partnership

8 Sunny-Croix Limited and 6409 North st. Croix Trail Sunnyside II Limited Partnership





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468869

CERTIFICATE OF COMPLETION

Peter Racchini, a Minnesota Registered Architect, does hereby certify that Units Numbers 7 through 12, both "umbers inclusive, Condominium Number 38,' Sunnyside II Condominium, located in Washington County, Minnesota, are substantially completed within the meaning of Minnesota Statutes SISA. 2-101 (c) .

DATED: August 1, 1984

STATE OF MINNESOTA ) )

COu~TY OF WASHINGTON)

Peter Racchini Minnesota Registration No. 55t;7

The foregoing instrument was acknowledged before me this 1 st day of August ,1984, by Peter Racchini, a V,innesota Registered Architect.

, "_,, WILLlAM'D. CASPERSON e:~~~ NOT I.RY PUBLIC - w,j:NH€SOrA

~l.~ WASHINGTON COUNTY \~~ My Commia.slon Expires Mar. 3. 1900

' . ..... '., .~ . NOTA PUBLIC

· .. '. 485617

Condominium Number 38


THIRD AMENDMENT TO DECLARATION

THIS AY~NDMENT is made this 31st day of December, 1984,

by by Sum~SIDE II LIMITED PARTNERSHIP, a Minnesota limited

partnership (hereinafter referred to as "Two"), and SUNNYSIDE ON

THE ST. CROIX LIMITED PARTNERSHIP, a Minnesota limited

partnership (hereinafter ~eferred to as "Successor Declarant").

pursuant to the provisions of the Minnesota Uniform Condominium

Act. Chapter 582, Session Laws of Minnesota for 1980. Minnesota

Statutes Sections 515A.I-I0l to 515A.4-117 (hereinafter referred

to as the "Act").

WITNESSETH THAT:

WHEREAS, on November 16. 1983, Sunny-Croix Limited. a

Minnesota limited partnership (hereinafter referred to as

"Croix") and Sunnyside II Limited Partnership. a Minnesota

limited partnership (hereinafter referred to as "Two"). jointly

as "Declarants" therein. executed a certain Declaration entitled

"Condominium Number 38. Declaration for Condominium. Sunnyside

II Condominium" together with Exhibits attached thereto

(hereinafter referred to as the "Declaration"). which

Declaration together with the Site Plan. Floor Plans and By-Laws

were filed for record in the office of the County Recorder in

and for Washington County, Minnesota. respectively as Document

No. 455541 (Declaration), Document No. 455542 (Bylaws), and

Document No. 455540 (Site Plan and Floor Plans); and

WHEREAS, the Declaration, and particularly paragraphs

U.l. through U.IO. thereof, reserves the option and right of one

of the Declarants (namely, Two) under Section 51SA.2-106(1) of


WHEREAS, on June 26, 1984 Declarants executed a First

Amendment to Declaration revising Exhibit A of the Declaration,

which said First Amendment was filed in the office of the County

Recorder for said County as Document No. 468637; and

WHEREAS, on June 29, 1984, Declarants executed a Second

Amendment to Declaration adding six units to this Condominium,

which said Second Amendment was filed in the office of the

County Recorder for said County as Document No. 468869; and


Exhibit A to said First Amendment under the headings "Tract II"


WHEREAS, Successor Declarant is the fee owner of the

Subjected Portion (hereinafter defined) of the Additional Real

Estate and constitutes all persons having an interest therein

within the meaning of Section SlSA.2-111(a) of the Act; and

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WHEREAS. Successor Declarant is the transferee from Two

of the Subjected Portion of the Additional Real Estate and has

therefore received all special declarant rights with respect

thereto including the right to add Additional Real Estate. under

the provisions regarding such transfers contained in Section

S15A.3-104(a) of the Act; and

WHEREAS. neither Croix nor Two have any ownership or

other interest in th~ Subjected Portion of the Additional Real

Estate within the meaning of Section 51SA.2-111(a) of the Act

but Two joins in this Amendment solely for the purpose of

ratifying the Notices of Intention to Add Additional Real Estate

attached hereto as Exhibits D-l and E-l; and

WHEREAS. Paragraph S of the Declaration requires the

approval (or waiver of right to approve) by the Administrator of

Veterans Affairs. Veterans Administration. for any amendment to

the Declaration. " ... which adds additional land to this



WHEREAS. the Administrator of Veterans Affairs has

approved this Second Amendment in writing. a copy of which

approval is attached hereto as Exhibit A.

NOW. THEREFORE. said Successor Declarant hereby makes

the following Third Amendment to Declaration adding to the

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as the "subjected Portion") and improvements thereon. consisting

of ten (10) residential units in one building and appurtenances.

and hereby specifying that the Declaration shall constitute

covenants running with the land and shall be binding on said

Successor Declarant. its successors and assigns. and all

subsequent owners of all or any part of said Subjected Portion

and improvements together with their grantees. successors.

heirs. personal representatives. devisees and assigns.

1. Time Limit.



theretofore exercised) upon the earlier of the follo~ing events:

"The passage of seven (7) years from the date of recording of this Declaration; or



Third Amendment.


Successor Declarant hereby covenants and agrees

that it hereby divides the Subjected Portion of the Additional

Real Estate into the following separate estates:

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(a) Condominium Units. Ten (10) separately designated and legally described residential condominium units. as shown on the Second Supplemental Floor Plans for Condominium Number 38. Sunnyside II Condominium. prepared in accordance with Section 515A.2-110(c) of the Act by James Simonet. Registered Land Surveyor and Peter Racchini. Registered Architect. which said Second Supplemental Floor Plans shall be recorded ·in the office of the County Recorder of Washington County. Minnesota, contemporaneously herewith and are incorporated herein by reference and made a part hereof. and hereinafter are collectively called the "Second Supplemental Floor Plans". Each of said ten (10) condominium units is hereby assigned the identifying number shown on said Second Supplemental Floor Plans.

(b) Common Elements. The remaining portion of the Subjected Portion of the Additional Real Estate. which is hereby added to and becomes a part of the common elements of the Condominium described in the Declaration.

3. Reallocation of Interests. Votes and Liability.

For purposes of this Third Amendment. the




respective undivided interest in the common elements. a portion

of the votes in the Association. and a fraction of the common

expenses of the Association. each in the fraction specified and

established for each unit in ~xhibit~ attached to this Third

Amendment. Common expenses be.nefi ting less than all of the



-5-

a case. said expenses shall be allocated among units benefited






condominium unit to the exclusion of other units. and said



515A.2-102(2) and (4) of the Act. the limited common elements


Portion of the Additiohal Real Estate are as depicted on ~he

Second Supplemental Floor ~lans and include the decks adjacent

to a particular unit. Limited common elements shall be

maintained and repaird by the Association. but the common

expense associated therewith shall be assessed against the unit

to which that limited common element is assigned.

5. Other Terms Applicable; Additional Restrictions.

All restrictions in the Declaration affecting use.


the Subjected Portion of the ~dditional Real Estate and all



--6-



interests, votes and liability expressly adopted by this Second

Amendment.



the occupants of each unit within the Condominium in conformity

to Section 515A.2-111(b) of the Act are attached hereto as

Exhibits D (incorporating Exhibit D-I), ~ (incorporating

Exhibits E-I and E-II) and £ (incorporating Exhibit F-l)

respectively.

IN WITNESS WHEREOF, Successor Declarant and "Two" have

caused this Third Amendment to Declaration to be executed the

day and year first above written.

SUNNYSIDE ON THE ST. CROIX LIMITED PARTNERSHIP, a Minnesota Limited Partnership


BY-=:4:~~~ TlmothY~Nolde Its President

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STATE OF MINNESOTA )

/ ) SS. COUNTY OF vt A::. ~I )



By ~ /~~~ ~t'~ TimothyL. )lolde President of said corporation

/ liThe. foregoi,])g instrument ·was acknowledged before me this.lt I day of I7c:./Y.2~~-f.ey , 1985, by Timothy L. Nolde, the President of Croixdel, Inc., a Minnesota corporation, General Partner of Sunnyside On The St. Croix Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.

~~J~::~:::-STATE OF MINNESOTA )

COUNTY OF L{.~ S ;1 ) )

SS.

'. . .. 1 The foregoing instrument was ackno,,:",ledged before me thlS tv,....... day of h£pl2.,,'4,c .. X , 1985, by Tlmothy L. Nolde, the President of Territorial Land Development,. Inc., a Minnesota corporation, General Partner of Sunnyside II Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.

~~~-ifotary PUblicP-

THIS INSTRUMENT WAS DRAFTED BY: N. Walter .Graff Best & Flanagan 3500 IDS Center Minneapolis, MN 55402

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EXHIBIT A


THE ADMINISTRATOR OF VETERANS AFFAIRS, an Officer of the United States of America, hereby consents and approves CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, THIRD AMENDMENT TO DECLARATION, to which this Approval is attached, and the subjecting of the additional real property described therein according to the provisions of that CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, DECLARATION, dated November 16, 1983 and filed as Document No. 455541 in the office of the County Recorder, Washington County, Minnesota.

IN WITNESS WHEREOF, HARRY N. WALTERS, as Administrator of Veterans Affairs, on this 29th day of May , 1985, has caused this instrument to be signed in his name and on his behalf by the undersigned Loan Guaranty Officer of the Veterans Administration, an agency of the United States, being thereunto duly appointed, qualified and acting pursuant to Sections 212, 1811 and 1820 of Title 38 United States Code, and the regulations pursuant thereto, 38 C.F.R. Sections 36:4342 36:4520, as amended by 45 Federal Register 21242 (1980). undersigned's position may be confirmed at Telephone No. 725-4120.

HARRY N. WALTERS

and The

(612)

AdmiOi,',.,O'. ~~~i"

Ve erans Administration Bishop Henry Whipple Federal Bldg. Fort Snelling St. Paul, Minnesota 55111


COUNTY OF RAMSEY )

On this 29th day of Hay , 1985, before me a Notary Public appeared John O. Gallagher , a ---.Lou,at1Jo-L: __ _ Guaranty Officer of the Veterans Administration, an agency of the United States of America, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he is delegated the authority to execute the same as said Loan Guaranty Officer in behalf of the Administrator of Veterans Affairs, for the purposes there~n contained.


r.7·~~,-(l ~ ~ .-." . '.~." ;O~~~5;N·: \ • _'" _ ,' .• "," ~ ~1} ,

~\.::> ·,C:.1,:;1 l \ • -- ". ) 1.. .• l~ -; , \,.....:;:; :~. . -- - .- --,'



EXHIBIT B

That part of Government Lot 4, Section 34, Township 30, Range 20, West, in the City of Oak Park Heights, Washington County, Minnesota, described as follows:

Commencing at the intersection of the South line of Government Lot No.4, Section 34, Township 30 North, Range 20 West, and the Easterly right of way line of Chicago & Northwestern Transportation Co. aka Chicago, Minneapolis, St. Paul & Omaha Railway;

thence North 20" 27' 30" West for 297.64 feet along said Easterly right of way line of said railway to the point of beginning;

thence continuing North 20" 27' 30" West along said Easterly right of way line for 273.5 feet;

thence North 69" 32' 30" East for 150.28 feet;

thence South 20" 27' 30" East for 273,23 feet;

thence South 69" 26' 15" West 150.28 feet to the point of beginning;

Together with appurtenant easements as set out in Document No. 331566; and together with easements for access and utilities and subject to and together with easements described in Document No. 445425.


FOURTH AMENDMENT TO DECLARATION

EXHIBIT B

That part of Government Lot No.4, Sec. 34, T 30 N, R 20 W in the City of Oak Park Heights, Washington County, Minnesota, described as follows:

Commencing at an iron on the South line of Government Lot No.4, Sec. 34, T 30 N, R 20 W, and the Easterly right of way line of Chicago & Northwestern Transportation Co. aka Chicago, Minneapolis, St. Paul & Omaha Railway;

thence N 20°27'30" W (assumed bearing) along said Easterly right of way line cof Chicago & Northwestern Transportation Co. for 297.64 ft. to the most Westerly corner of Sunnyside on the St. Croix, as shown in Doc. No. 331568;

thence N 69°26'15" E for 150.28 ft. along with Northerly line of Sunnyside on the St. Croix, to the point of beginning of this description;

thence N 20°27'30" W for 448.58 ft. to the centerline of a storm sewer easement described in Doc. No. 269579;

thence N 83°39'52" E for 197.06 ft. along said centerline;

thence S 27°40'31" E for 49.87 ft.;

thence S 31°57'00" E for 275.80 ft. to the most Northerly corner of Sunnyside on the St. Croix;

thence S 51°47'45" W for 264.92 ft. along the Northerly line of Sunnyside on the St. Croix to the point of beginning.


-13-

CONDOMINIUM NUMBER 38 SUNNYSIDE I I CONDOMINIUM


EXHIBIT C

Fraction of Undivided Interest in Common Address:

Unit Area In Elements, Common Oak Park Heights No. Sq. Ft. Expenses and Votes Minnesota 55082

1 2,500 1/22 6345 North St. Croix Trai 1 2 2,500 1/22 6343 North St. Croix Trail 3 2,500 1/22 6341 North St. Croix Trail 4 2,500 1/22 6339 North St. Croix Trail 5 2,500 1/22 6337 North St. Croix Trail 6 2,500 1/22 6335 North St. Croix Trail



13 2,500 1/22 6333 North St. Croix Trail 14 2,500 1/22 6331 North St. Croix Trail 15 2,500 1/22 6329 North St. Croix Trail 16 2,500 1/22 6327 North St. Croix Trail 17 2,500 1/22 6325 North St. Croix Trail 18 2,500 1/22 6323 North St. Croix Trail

19 2,500 1/22 6321 North St. Croix Trail 20 2,500 1/22 6314 North St. Croix Trail 21 2,500 1/22 6317 North St. Croix Trail 22 2,500 1/22 6315 North St. Croix Trail

TOTALS: 55,000 1




EXHIBIT F



KATHRYN D. HANSON. being first duly sworn upon oath. deposes and says that on the 4th day of January. 1985. she served the attached Notice of Intention to Add Additional Real Estate (a copy of which is attached hereto as Exhibit D-I). together with a copy of the Third Amendment to Declaration (to which this Affidavit is attached) upon Sunnyside II Condominium Association. Inc. (the "As.sociation") therein named at 311 South 3rd Street. Oak Park Heights. Minnesota. in the County of Washington. by handing to and leaving with Timothy L. Nolde. President of said Association. a true and correct copy thereof.

Further Your Affiant Sa th

\ Kathryn D.

SUbSC~d and sworn to before me this day of January. 1985.

k~~ NOTARY PUBLIC -------




EXHIBIT D-I


TO: Sunnyside II Condominium Association. Inc.

YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as owner of the Additional Real Estate, intends to add Additional Real Estate to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.1-101 to 515A.4-117 (hereinafter referred to as the "Act").

Attached hereto is a copy of the Third Amendment to Declaration.


.DATED: December 21, 1984

SUNN~SIDE II LIMITED PARTNERSHIP, a Minnesota limited partnership


.-- /' By ~~ ~Ce6rdrL

Timothy L /No Ide ... President of said corporation




EXHIBIT E


COUNTY OF HE~~PIN )


1. That she is an employee of Best & Flanagan, 3500 IDS Center, Minneapolis, Minnesota 55402.

2. That under date of January ~, 1985, she mailed a copy of the Notice of Intention to Add Additional Real Estate, a copy of which is attached hereto and made a part hereof as Exhibit E-I to the occupants set forth on Exhibit E-II attached her~to and made a part hereof who are entitled to legal notice under Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes S1SA.2-111(b), by placing a copy thereof in a sealed envelope postage prepaid and depositing the same in the U.S. Mails at Minneapolis, Minnesota, addressed to said occupants at their addresses as set forth on Exhibit E-II.

3. That a Successor Declarant was added to the Third Amendment to Declaration subsequent to the mailing of said Notice, but such does not constitute a change which materially affects the rights of unit owners.

4. That a copy of the revised Third Amendment to Declaration, which includes the addition of said Successor Dec l.ar ant, was thereafter served on Sunnys ide I I Condomini urn Association, Inc. asset forth in the Affidavit attached hereto as Exhibit F.

Further Your Affiant \ e

Kattl

Subscribed and sworn to before me this 4'th day of January, 1985.

~~~'----NOTARY PUBLIC

~~J • ,*.', ,y',.w., "'o/'N>tV't~.


SUNNYSIDE I I CONDOMINIlJM


EXHIBIT E-I

NOTICE OF INTENTION



YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as owner of the Additional Real Estate, intends to add Additional Real Estate to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform . Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections S15A.1-101 to 51SA.4-117 (hereinafter referred to as the "Act").


A copy of the Third Amendment to Declaration has been served on Sunnyside II Condominium Association, Inc. pursuant to said Act.

DATED: Ceceml:er 21, 1984



---~- .

By d:::--- . <,~~~ __ Timoth~~ President of said corporation

•

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18




EXHIBIT E-II

Occupant Address

Richard and Jean Jones 6345 North

Larry and Gloria Peterson 6343 North

Frank and Kathy Armatis 6341 North

Donald and Shirley Lambert 6339 North

Richard Martin 6337 North

Bruce and Sharon Brown 6335 North

George and Susan Vogt 6411 North

Ted Perl inger anc;l. Lois Tyler 6409 North

Thomas and Anne Hunninghake 6407 North

Thomas and Gloria Williamson 6405 North

Dale and Donna Thorne 6403 North

Robert and Marilyn Cady 6401 North

Sunnyside II Limited Partnership 6333 North


Sunnyside I I Limited Partnership 6329 North




St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

19

20

21

22

sunnyside

sunnyside

sunnyside

Sunnyside

II

I I

II

II

Limited Partnership

Limited Partnership

Limited Partnership

Limited Partnership

-2-

6321 North St. Croix Trail

6314 North St. Croix Trai 1






EXHIBIT D

STATE OF MINNESOTA SS. AFFIDAVIT OF PERSONAL SERVICE

COUNTY OF HENNEPIN

KATHRYN D. HANSON, being first duly sworn upon oath, deposes and says that on the 21st day of December, 1984, she served the attached Notice of Intention to Add Additional Real Estate (a copy of which is attached hereto as Exhibit D-I), together with a copy of the Third Amendment to Declaration (to which this Affidavit is attached) upon Sunnyside II Condominium Association, Inc. (the "Association") therein named at 311 South 3rd Street, Oak Park Heights, Minnesota, in the County of Washington, by handing to and leaving with Timothy L. Nolde, President of said Association, a true and corre t copy thereof.

Further Your Affiant S~.'~m.

SUbSC~d and sworn to before me this day of January, 1985.

~~~ NOTARY PUBLIC

~~MN~~~~~~~~.

@ DE[ ~H RENIER I _ NOTARY PUSUC . M:NNESOTA

HENNEPIN COUNTY My Comm,,,,,,n E.p"es Sept. n. 1990

• "' ... ·,·No~·~t'V'.V'o'VV'VW~·




EXHIBIT F-I


TO: Sunnyside II Condominium Association. Inc.

YOU WILL PLEASE TAKE NOTICE that Sunnyside on the St. Croix Limited Partnership. a Minnesota Limited Partnership. as owner of the Additional Real Estate. intends to add Additional Real Estate to Condominium No. 38. Sunnyside II Condominium. in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act. Chapter 582. Session Laws of Minnesota for 1980. Minnesota Statutes Sections SISA.I-I0l to SISA.4-117 (hereinafter referred to as the "Act").

Attached hereto is a copy of the Third Amendment to Declaration.

This notice 1S given pursuant to Section S15A.2-111(b) of the Act.

DATED: January 4. 1985

SUNNYSIDE ON THE ST. CROIX LIMITED PARTNERSHIP. a Minnesota limited partnership

By Croixdel. Inc .. a Minnesota corporation. as General Partner of said limited partnership

B~~- -4~ y Ti~ Nolde- --'-

President of said corporation

519258 Condominium Number 38



THIS AMENDMENT is made this 20th day of r'iarch 1986,

by SUNNYSIDE II LIMITED PARTNERSHIP, a Minnesota limited

partnership (hereinafter referred to as "Two"), and SUNNYSIDE ON


partnership (hereinafter referred to as "Successor Declarant"),


Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota

Statutes Sections 5l5A.1-l01 to 515A.4-117 (hereinafter referred

to as the "Act").

WITNESSETH THAT:

WHEREAS, on November 16, 1983, SunnY-Croix Limited, a


"Croix") and Sunnyside II Limited Partnership, a Minnesota

limited partnership (hereinafter referred to as "Two"), jointly

as "Declarants" therein, executed a certain Declaration entitled

"Condominium Number 38, Declaration for Condominium, Sunnyside


(hereinafter referred to as the "Declaration"), which

Declaration together with the Site Plan, Floor Plans and By-Laws


and for Washington County, Minnesota, respectively as Document



WHEREAS, the Declaration, and particularly paragraphs

U.l. through U.IO. thereof. reserves the option and right of one

of the Declarants (namely, Two) under Section 515A.2-106(1) of




which said First Amendment was filed in the office of the County



Amendment to,Declarationadding six units to this Condominium,

which said Second Amendmerit was filed in the office of the


WHEREAS, on December 31, 1984, Two and Successor

Declarant executed a Third Amendment to Declaration adding ten

units to this Condominium, which said Third Amendment was filed

in the office of the County Recorder for said County as Document

No. 485617; and


Exhibit A to said First Amendment under the headings "Tract II"


-2-

WHEREAS, Successor Declarant is the Eee owner of the



within the meaning oE Section 5l5A.2-l1l(a) of the Act; and

WHEREAS, Successor Declarant is the transferee from Two

of the Subjected Portion of the Additional Real Estate and has

therefore received all special declarant rights with respect

thereto including the right to add Additional Real Estate, under

the provisions regarding such transfers contained in Section

515A.3-104{a) of the Act; -and

WHEREAS, neither Croix nor Two have any ownership or

other interest in the Subjected Portion of the Additional Real

Estate within the meaning of Section 515A.2-ll1{a) of- the Act

but Two joins in this Amendment solely for the purpose of

ratifying the Notices of Intention to Add Additional ~eal Estate

attached hereto as Exhibits D-l and E-l; and

WHEREAS, Paragraph S of the Declar~tion requires the


Veterans Affairs, Veterans Administration, Eor any amendment to

the Declaration, • ... which adds additional land to this


Condominium provisions set forth hereinafter) ...• ; and

-3-

WHEREAS, the Administ~ator of Veterans Affairs has

approved this Fourth Amendment in writing, a copy of which

approval is attached hereto as Exhibit A.

NOW, THEREFORE, said Successor Declarant hereby makes

the following Fourth Amendment to Declaration adding to the



as the "Subjected Portion") and improvements thereon, consisting

of eighty-four (84) units (33 residential units and 51 garage

units), and hereby specifying that the Declaration shall

constitute covenants running with the land and shall be binding

on said Successor Declarant, its successors and assigns, and all


and improvements together with their grantees, successors,

heirs, personal representat1ves, devisees and assigns.

1. Time Limit.







Fourth Amendment.

-4-


Successor Declarant hereby covenants and agrees

that it hereby divides the Subjected Portion of the Additional

Real Estate into the following separate estates:

(a) Condominium Units. Eighty-four (84) separately designated and legally described condominium units (consisting of 33 residential units and 51 garage units), as shown on the Third Supplemental Condominium Plat for Condominium Number 38, Sunnyside II Condominium, prepared in accordance with Section 515A.2-110(c) of the Act by James Simonet, Registered Land Surveyor, which said Third Supplemental Condominium Plat shall be recorded in the office of the County Recorder of Washington County, Minnesota, contemporaneously herewith and are incorporated herein by reference and made a part hereof, and hereinafter are collectively called the "Third Supplemental Condominium Plat". Each of said eighty-four (84) condominium units is hereby assigned the identifying number shown on said Third Supplemental Condominium Plat.

(b) Common Elements. The remaining portion of the Subjected Portion of the Addition·al Real Estate, which is hereby added to and becomes a part of the common elements of the Condominium described in the Declaration.


For purposes of this Fourth Amendment, the




respective undivided interest in the common elements, a portion

-5-

of the votes in the Association, and a fraction of the common

expenses of the Association, each in the fraction specified and

established for each unit in Exhibit C attached to this fourth

Amendment. Common expenses benefiting less than all of the



a case, said expenses shall be allocated among units benefited









515A.2-102(2) and (4) of the Act, the limited common elements



Third Supplemental Condominium Plat and include the decks

adjacent to a particular unit. Limited common elements shall be

maintained and repaired by the Association, but the common



-6-

5. Other Terms Applicable; Additional Restrictions

Relating to Garage Units.



the Subjected Portion of the Additional Real Estate and all





interests, votes and liability expressly adopted by this Fourth

Amendment. In addition, because this Fourth Amendment creates

for the first time Garage Units (as expressly authorized by the

Declaration), the following provisions shall apply to Garage

units:

(a) Maintenance and Repair of Garage units.

Maintenance and repair of garage units shall be the

responsibility of the Association, but the owner of each Garage

Unit shall keep the same clean and neat and in conformance with

rules of the Board of Directors.

(b) Restrictions on Transfer of Garage Units. A

garage unit may only be owned by or conveyed to (voluntarily, by

operation of law or otherwise) one of the following:

(i) The Declarant prior to the conveyance of such garage unit by Declarant;

-7-

(ii) The owner of owners of a residential unit; or

(iii) The Association.

If a person ceases to be an owner of a residential

unit, such person shall not retain ownership of any garage units

more than 30 days after conveyance of the residential unit, but

shall convey the same to an owner of a residential unit or to

the Association within 30 days thereafter. The owner of a

residential unit (except Declarant) shall not convey the owner's

only garage unit except together with said residential unit or

except in exchange for another garage unit. A garage unit may

only be leased to an owner or lawful occupant of a residential

unit. Any purported conveyance or transfer of a garage unit in

contravention of this section shall be deemed null and void.

If the owner of a residential unit conveys his only

residential unit but retains ownership of one or more garage

units, the Association may give written notice to said former

owner of a residential unit requiring conveyance of said garage

unit to the Association or to an owner of a residential unit

within 30 days of such notice; if such conveyance does not take

place within said 30-day period, the Association may erect a

physical barrier preventing the use of such garage unit until so

conveyed.

-8-

6. Additional Definitions.

"Garage Unit" shall mean any of the units numbered

G-l to G-Sl (both numbers inclusive). All other units shall be

"residential units".



the occupants of each unit within the Condominium in conformity

to Section SlSA.2-lll(b) of the Act are attached hereto as

Exhibits D (incorporating Exhibit D-1) and E (incorporating

Exhibits E-I and E-II), respectively.


caused this Fourth Amendmenc to Declaration to be executed the


SUNNYSIDE ON THE ST. CROIX LIMITED PARTNERSHIP, a Minnesota Limited partnership


BY~/_·;L-:-7-~::""""/----~.T.:--/~~~--oC-2}_t.;_~fh--,----,,-,.G~ Timothy L.7Nolde ' Its Pres ident

-9-


COUNTY OF (.U'I<FtII.'~'6 704,)



,-- ;-, -:/'I ~ [ i By~~/~(·~··~~··~_~~~~,~~y~~~·;V~··_~~.~~~~/_/~-( __

Timothy L.'Nolde President of said corporation

7CThe foregoing instrument was acknowledged before me

this';z '~ day of 11u6VC;T , 1986, by Timothy L. Nolde, the President of Croixdel, Inc., a Minnesota corporation, General Partner of Sunnyside On The St. Croix Limited Partnership, a Minnesota limited partnership, on behalf of the par~nership.

~'-->-':' "_h,. "-~, \.\.\ \... b ,~: :<0.'


COUNTY OF IJ)"SI'" 1 '.' ( rt).N

.f1l~'''::~':. EUGENE D. WRIGHT ~-'?It ""o, .... u 'UfllC-MIN,..uorA :>'. 'J";:.< WASHINGTON COUNTY 'V?l •. ~: ..... ' My CQmmiHion .Apir~ Ii 20-91

. "~/The forego~ng ins~ument was ackno~ledged before me thlS ~ day of /±.IJO US I , 1986, by Tlmothy L. Nolde, the President of Territorial Land Development, Inc., a Minnesota corporation, General Partner of Sunnyside II Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. . ,

~-::::~ i'," \ :, '. ... ;:~-.\.':>~,'''' ', .. ). \. .. ~ -"-t;- )." ( ,. - ~ .. :.j. '\. ~:: \':~. \~ ~....... ': ....

Notary Public:'~ ('-,

THIS INSTRUMENT WAS DRAFTED BY: N. Walter Graff Best & Flanagan 3500 IDS Center Minneapolis, MN 55402

-10-

RC:CC:IVED

JUL 1 1986

MMC CONDOMINIUM NUMBER 38



EXHIBIT A


THE ADMINISTRATOR OF VETERANS AFFAIRS, an Officer of the united States of America, hereby consents and approves CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, FOURTH AMENDMENT TO DECLARATION, to which this Approval is attached, and the subjecting of the additional real property described therein accordin~ to the provisions of Condominium No. 38, SUNNYSIDE II CONDOMINIUM, DECLARATION, dated November 16, 1983 and filed as Document No. 455541 in the office of the County Recorder, Washington County, Minnesota.

IN WITNESS HWEREOF, THOMAS K. TURNAGE, as Administrator of Veterans Affairs, on this 21st day of June , 1986, has caused this instrument to be signed in his name and on his behalf by the undersigned Assistant Loan Guaranty Officer of the Veterans Administration, an agerncy of the United States, being thereunto duly appointed, qualified and acting pursuant to Sections 212, 1811 and 1820 of Title 38 United States Code, and the regulations pursuant thereto, 38 C.F.R. Sectio~s 36:4342 and 36:4520, ~s amended by 45 Federal Reg iste.r 21242 (-1980). The undersigned I s position may be confirmed at Telephone No. (612) 725-4064.

-11-

THOMAS K. TURNAGE Adm~strator of~etr:~s Affairs

By r: ~ JL '<--tJrM.~Y"'> RICHARD E. NELSON

Assistant Loan Guaranty Officer Veterans Administration Bishoip Henry Whipple Federal Bldg. Fort Snell ing St. Paul, Minnesota 55111

STATE OF MINNESOTA ss

COUNTY OF HENNEPIN

On this 21st day of June , 1986, before me a Notary Public, appeared RICHARD E. NELSON, Assistant Loan Guaranty Officer of the Veterans Administration, an agency of the United States of America, known to me or satisfactorily proven to be the person described in the foregoing instru~ent, and acknowledged that he is delegated the authority to execute the same as said officer in behalf of the Administrator of Veterans Affairs for the purposes therein contained.

IN WITNESS WHEREOF, I

""" ... ll(9);.~ . ..j."J. .. ,s.eal'g ~ /:::;,;;,~ D:t'~'~E G. :~A \~\'lINGS ~ :;~r l,\f~ Nr,T' ~;" r:_!~·: .'.\iS~tSOTA •. '''''',J _.r ~ ~v HENNE!':'! C~UNiY ~ Iny Commissior EJtpires A-;Jr. 14, 1991

hereunto set my hand and official

1) _< ... (;{/I'-L .~/1. ~ /U.v-&.,,·~ 42

I

~H""##H-##oI#H##'~N' .

ThlS document was prepared by District Counsel, VA, Bishop Henry Whipple Federal Bldg., Fort Snelling, St. Paul, MN 55111

-12-

seal.

CONDOMINIUM NUMBER 38 SUNNYSIDE I I CONDOMINIUM


EXHIBIT C

Fraction of Undivided

Interest in Common Elements Address:

Unit Area In Expenses and Oak Park Heights No. Sq. Ft. votes Minnesota 55082

1 2,500 2.55 6345 North St. Croix Trail 2 2,500 2.55 6343 North St. Croix Trail 3 2,500 2.55 6341 North St. Croix Trail 4 2,500 2.55 6339 North St. Croix Trail 5 2,500 2.55 6337 North St. Croix Trail 6 2,500 2.55 6335 North St. Croix Trail

7 2,500 2.55 6411 North St. Croix Trail 8 2,500 2.55 6409 North St. Croix Trail 9 2,500 2.55 6407 North St. Croix Trail

10 2,500 2.55 6405 North St. Croix Trail 11 2,500 2.55 6403 North St. Croix Trail 12 2,500 2.55 6402 North St. Croix Trail

13 2,500 2.55 6333 North St. croix Trail 14 2,500 2.55 6331 North St. Croix Trail 15 2,500 . 2 . 5 5 6329 North St. Croix Trail 16 2,500 2.55 6327 North ~t. Croix Trail 17 2,500 2.55 6325 North St. Croix Trail 18 2,500 2.55 6323 North St. Croix Trail

19 2,500 2.55 6321 North St. Croix Trail 20 2,500 2.55 6314 North St. Croix Trail 21 2,500 2.55 6317 North St. Croix Trail 22 2,500 2.55 6315 North St. Croix Trai 1

23 926 .94 6351 North St. Croix Trail 24 1,138 1. 16 6351 North St. Croix Trail 25 1,089 1.11 6351 North St. Croix Trail 26 1,092 1.11 6351 North St. Croix Trail 27 1,086 1. 10 6351 North St. Croix Trail 28 1,090 1.11 6351 North St. Croix Tr ail.

29 929 .94 6351 North St. Croix Trail 30 932 .95 6351 North St. Croix Trail 31 927 .94 6351 North St. Croix Trail 32 931 .95 6351 North St. Croix Trail 33 1,085 1. 10 6351 North St. Croix Trail 34 1,092 1.11 6351 North St. Croix Trail

-14-

35 1,092 loll ·6351 North St. Croix Tra it 36 1,090 loll 6351 North St. Croix Tr a i I 37 922 .94 6351 North St. Croix Trail 38 929 .94 6351 North St. Croix Trail 39 525 .79 6351 North St. Croix Trail 40 1,139 1. 16 6351 North St. Croix Trail

41 927 .94 6351 North St. Croix Tra it 42 1, 094 1.11 6351 North St. Croix Trail 43 1,088 loll 6351 North St. Croix Trail 44 1,090 1.11 6351 North St. Croix Trail 45 1,083 loll 6351 North St. Croix Trail 46 932 .95 6351 North St. Croix Trail

47 929 .94 6351 North St. Croix Trail 48 935 .95 6351 North St. Croix Trail 49 924 . 94 6351 North St . Croix Trail 50 1,093 1.11 6351 North St. Croix Trail 51 1,088 1.11 6351 North St. Croix Trail 52 1,093 1.11 6351 North St. Croix Trail

53 1,090 1.11 6351 North St. Croix Trail 54 930 .94 6351 North St. Croix Trail 55 924 .94 6351 North St. Croix Trail

G-1 189 .19 6351 North St. Croix Trail G-2 189 .19 6351 North St. Croix Trail G-3 189 .19 6351 North.St. Croix Trail G-4 189 .19 6351 North St. Croix Trail G-5 189 . 19 6351 North St . Croix Trail G-6 189 .19 6351 North St. Croix Trail

G-7 189 . 19 6351 North St . Croix Trail G-8 189 . 19 6351 North St . Croix Trail G-9 189 . 19 6351 North St . Croix Trail G-IO 189 . 19 6351 North St . Croix Trail G-ll 189 . 19 6351 North St . Croix Trail G-12 189 . 19 6351 North St . Croix Trail

G-13 189 .19 6351 North St. Croix Trail G-14 189 .19 6351 North St. Croix Trail G-15 208 .21 6351 North St. Croix Trail G-16 189 .19 6351 North St. Croix Trail G-17 189 .19 6351 North St. Croix Trail G-18 189 .19 6351 North St. Croix Trail

G-19 189 . 19 6351 North St . Croix Trail G.-2O 189 . 19 6351 North St . Croix Trail G-21 189 .19 6351 North St. Croix Trail G-22 189 . 19 6351 North St . Croix Trail G-23 189 .19 6351 North St. Croix Trail G-24 189 . 19 6351 North St . Croix Trail

-15-

G-25 189 .19 6351 North St. Croix Trail G-26 189 .19 6351 North St. Croix Trail G-27 189 .19 6351 North St. Croix Trail

G-28 189 .19 6351 North St. Croix Tra i 1

G-29 189 .19 6351 North St. Croix Trail



G-32 189 .19 6351 North St. Croix Trail G-33 189 .19 6351 North St. Croix Trail G-34 189 . 19 6351 North St . Croix Trail G-35 189 .19 6351 North St. Croix Trail G-36 189 .19 6351 North St. Croix Trail

G-37 189 .19 6351 North St. Croix Trail G-38 189 .19 6351 North St. Croix Trail G-39 189 .19 6351 North St. Croix Trail G-40 189 .19 6351 North St. Croix Trail G-41 189 .19 6351 North St. Croix Trail G-42 189 .19 6351 North St. Croix Trail









G-51 291· .29 6351 North St. Croix Trail

TOTALS: 98,037 100%

-16-




EXHIBIT 0



KATHRYN D. HANSON, beiqg first duly sworn upon oath, deposes and says that on the ~ day of Mf\eoA ,1986, she served the attached Notice of Intention to Add Additional Real Estate (a copy of which is attached hereto as Exhibit 0-1), together with a copy of the Fourth Amendment to Declaration (to which this Affidavit is attached) upon Sunnyside II Condominium Association, Inc. (the "Association") therein named at 311 South 3rd Street, Oak Park Heights, Minnesota, in the County of Washington, by handing to and leaving with Timothy L. Nolde, President of said Association, a true and orrec copy thereof.

Further Your Affiant Sa

~

Subscribed and sworn to before me this ~ day of \~~ ,1986.

NOTARY PUBLIC

• MNVWW'N' - - - - •••••• ~·VVWVWoIW'I· fr~ ~~'B'~UNS

'l~.~. ~.' ~~~T.ARV. ''':6UC MINNESOTA \%s~.. IIP1NfPIN COUNTY

J}. ,-.r- r:-::~ :,o~, f.1.DHCS Sept. 23. 1990 If'''./.·~·-'''· ~./V'~.~.

-17-



fOURTH AMENDMENT TO DECLARATION

EXHIBIT 0-1

NOTICE Of INTENTION TO ADD ADDITIONAL REAL ESTATE


YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as an original Declarant, and Sunnyside On The St. Croix Limited Partnership, a Minnesota Limited Partnership, as Successor Declarant, intend to add Additional Real Estate to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.I-IOl to 515A.4-117 (hereinafter referred to as the "Act").

Attached hereto 1S a copy of the Fourth Amendment to Declaration.

of the This notice is given pursuant to Section 51SA.2-111(b)

Act.

DATED: -/1v6 U C;;;- / 7-tt, i 1(; J&


By Croixdel, Inc., a Minnesota corporation, as General Partner of said Limited Partnership

By C.<-<-<-_

Timoth L. Nolde President of said corporation

SUNNYSIDE II LIMITED PARTNERSHIP, a Minnesota Limited Partnership

By Territorial Land Development, Inc., a Minnesota corporation, as General Partner of said Limited Partnership

--Z'-'- ~'~i6 <,: r /. _ , ~ .-->/?' . / By ~C'<-<''''-<-_-;1' . ~ e: ((

Timothy L/Nolde President of said ' corporation

-18-




EXHIBIT E




1. That she is an employee of Best & Flanagan, 3500 IDS Center, Minneapolis, Minnesota' 55402.

2. That under date of MAIGC.t\ 20 ,1986, she mailed a copy of the Notice of Inten~ion to Add Additional Real Estate, a copy of which is attached hereto and made a part hereof as Exhibit E-I to the occupants set forth on Exhibit £-II attached hereto and made a part hereof who are entitled to legal notice under Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes 515A.2-111(b), by placing a copy thereof in a sealed envelope postage prepaid and depositing the same in the U.S. Mails at Minneapolis, Minnesota, addressed to said occupants at their addresses as set forth on Exhibit E-II.

3. That a copy of the Fourth Amendment to Declaration was thereafter served on Sunnyside II Condominium Association, Inc. as set forth in the Affidavit attac~ h reto as Exhibit F.

Further Your Affiant S '\ ~. . f\

" .\)~ Kat ryn D. ~.nscft

Subscribed and sworn ~fore me this OO'til day of ~ , 1986.

NOTARY PUBLIC

-19-




EXHIBIT E-I

NOTICE OF INTENTION



YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as an original Declarant, and Sunnyside On The St. Croix Limited Partnership, a Minnesota Limited Partnership, as Successor Declarant, intend to add Additional Real Estate to Condominium NO. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 5l5A.l-10l to 5l5A.4-1l7 (hereinafter referred to as the "Act").

This notice is given pursuant to Section 5l5A.2-lll(b) of the Act.

A copy of the Fourth Amendment to Declaratio~ has been served on Sunnyside II Condominium Association, Inc. pursuant to said Act.

DATED: March 20, 1986

SUNNYSIDE ON THE ST. CROIX LIMITED PARTNERSHIP, a Minnesota limited partnership

By Croixdel, Inc., a Minnesota corporation, as General Partner of said

p~rtn~~c-l:1iP , M~' . . '-<:::: - "./ By :.<. <--<.. "'--"_~. , .... V /

Timothy . Nolde President of said corporation


By Territorial Land Development, Inc., a Minnesota corporation, as General Partner of said limited

~ar/.;,s~ \~UC By ~<:-<-~r7fi 't Timothy ~olde

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1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18




EXHIBIT E-II

Occupant Address

Richard and Jean Jones 6345 North

Larry and Gloria Peterson 6343 North

Frank and Kathy Armatis 6341 North

Donald and Shirley Lambert 6339 North

Richard Martin 6337 North

Bruce and Sharon Brown 6335 North

George and Susan vogt 6411 North

Ted Perlinger and· Lois Tyler 6409 North

Thomas and Anne Hunn'i ngh a ke 6407 North

Thomas and Gloria williamson 6405 North

Dale and Donna Thorne 6403 North

Robert and Marilyn Cady 6401 North


Robert and Jean Mullin 6331 North

Charles and Pamela Jakosa 6329 North

Gary and Mary Anderson 6327 North



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St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trai 1

St. Croix Trai 1

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

St. Croix Trail

19

20

21

22

Robert and Nancy Richards

Thomas and Maribeth Callahan

Duane Rasmussen

David and Janet Weitergren

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Condominium Number 38


FIFTH AMENDMENT TO DECLARATION

THIS AMENDMENT is made this day of ____________ , 1988

by SUNNYSIDE II LIMITED PARTNERSHIP, a Minnesota limited

Partnership (hereinafter referred to as "Two"), and SUNNYSIDE ON


partnership (hereinafter referred to as "Successor Declarant"),


Act, Chapte~ 582, Session Laws of Minnesota for 1980, Minnesota

Statutes Sections slsA.I-IOl to slsA.4-117 (hereinafter referred

to as the "Act").

WITNESSETH THAT:

WHEREAS, on November 16, 1983, Sunny-Croix Limited, a


"Croix") and Sunnyside II Limited Partnership, a Minnesota

limited partnership (hereinafter referred to as "Two·), jointly

as "Declarants" therein, executed a certain Declaration entitled

"Condominium Number 38, Declaration for Condominium, Sunnyside


(hereinafter referred to as the "Declaration"), which

Declaration together with the Site Plan, Floor Plans and By-Laws


and for Washington County, Minnesota, respectively as Document



WHEREAS, the Declaration, and particularly paragraphs U.l.

through U.10. thereof, reserves the option and right of one of

the Declarants (namely, Two) under Section 5l5A.2-l06(1) of the

Act to add Additional Real Estate to the Condominium; and



which said ~irst Amendment was filed in the office of the County



Amendment to Declaration adding six units to this Condominium,

which said Second Amendmen~ was filed in the office~f the


WHEREAS, on December 31, 1984, Two and Successor Declarant

executed a Third Amendment to Declaration adding ten units to

this Condominium, which said Third Amendment was filed in the

office of the County Recorder for said County as Document No.

485617; and

WHEREAS, on March 20, 1986, Two and Successor Declarant

executed a Fourth Amendment to Declaration adding 84 units to

this condominium (comprising 33 residential units and 51 garage

-2-

units), which said Fourth Amendment was filed in the office of

the County Recorder for said County as Document No. 519258; and

WHEREAS, the Additional Real Estate is described in Exhibit

A to said First Amendment under the headings "Tract II" and

"Tract III"; and

WHEREAS, Successor Declarant is the fee owner of the



within the meaning of Section 515A.2-111(a) of the Act; and

WHEREAS, Successor Declarant is the transferee from Two of

the Subjected Portion of the Additional Real Estate and has

thereby received all special declarant rights with respect

thereto including the right to add Additional Real Estate, under

the provisions. regarding such transfers contained in 'Section

515A.3-104(a) of the Act; and

WHEREAS, neither Croix nor Two have any ownership or other

interest in the Subjected Portion of the Additional Real Estate

within the meaning of Section 515A.2-11l(a) of the Act but Two

joins in this Amendment solely for the purpose of ratifying the

Notices of Intention to Add Additional Real Estate attached

hereto as Exhibits D-1 and E-l; and

-3-

WHEREAS, Paragraph S of the Declaration requires the


veterans Affairs, Veterans Administration, for any amendment to

the Declaration, " ... which adds additional land to this



WHEREAS, the Administrator of Veterans Affairs has approved

this Fifth Amendment in writing, a copy of which approval is

attached hereto as Exhibit A.

NOW, THEREFORE, said Successor Declarant hereby makes the

following Fifth Amendment to Declaration adding to the



as the "Subjected Portion")' and improvements thereon, consisting

of fifty-five (55) units (26 residential units and 29 garage

units), and hereby specifying that the Declaration shall

constitute covenants running with the land and shall be binding

on said Successor Declarant, its successors and assigns, and all


and improvements together with their grantees, successors,

heirs, personal representatives, devisees and assigns.

-4-

1. Time Limit.

Paragraph U.2. of the Declaration provides that this

option to -add Additional Real Estate shall lapse (if not





Fifth Amendment.


Successor Declarant hereby covenants and agrees that

it hereby divides the Subjected Portion of the Additional Real

Estate into the following separate estates:

(a) Condominium Units. Fifty-five (55) separately designated and legally described condominium units (consisting of 26 residential units and 29 garage units), as shown on the Fourth Supplemental Condominium Plat for Condominium Number 38, Sunnyside II Condominium, prepared in accordance with Section 515A.2-110(c) of the Act by , Registered Land Surveyor, which said Fourth Supplemental Condominium Plat shall be recorded in the office of the County Recorder of Washington County, Minnesota, contemporaneously herewith and are incorpor~ted herein by reference and made a part hereof, and h~reinafter are collectively called the "Fourth Supplemental Condominium Plat". Each of said fifty-five (55) condominium units is hereby assigned the

-5-

identifying number shown on said Fourth Supplemental Condominium Plat.

(b) Common Elements. The remaining portion of the Subjected Portion of the Additional Real Estate, which is hereby added to and becomes a part of the common elements of the Condominium described in the Declaration.


For purposes of this Fifth Amendment, the ownership of

each condominium unit in the Condominium as hereby amended

(including both the Real Estate and the Subjected Portion of the

Additional Real Estate) shall include a respective undivided

interest in the common elements, a portion of the votes in the

Association, and a fraction of the common expenses of the

Association, each in the fraction specified an established for

each unit in Exhibit C attached to this Fifth Amendment. Common

expenses benefiting less than all of the units (as determined by

the Board of Di[ectors) may be assessed by the Association

against only those units benefited. In such a case, said

expenses shall be allocated among units benefited in proportion

to their common expense liability.


Certain Portions of the common elements in the

Subjected Portion of the Addit~onal Real Estate are hereby set


-6-




SlSA.2-102(2) and (4) of the Act, the limited common elements



Fourth Supplemental Condominium Plat and include the decks

adjacent to a particular unit. Limited common elements shall be

maintained and repaired by the Association, but the common



5. Other Terms Applicable.


occupancy and alienation of units (and as to Garage Units,all

such restrictions contained in the Fourth Amendment) will apply

to units created in the Subjected Portion of the Additional Real

Estate and all other terms of the Declaration shall govern and

apply uniformly to the Subjected Portion of the Additional Real

Estate and the units created therein as well as to the units

created by the original Declaration and prior Amendments except

only as to the reallocation of interests, votes and liability

expressly adopted by this Fifth Amendment.

-7-

6. Additional Definitions.

"Garage Unit" shall mean any of the units numbered G-l

to G-80 (both numbers inclusive). All other units shall be

"residential units".


Proofs of service upon the Association and upon the

occupants of each unit within the Condominium in conformity to

Section 5l5A.2-lll(b) of the Act are attached hereto as Exhibits

Q (incorporating Exhibit 0-1) and ~ (incorporating Exhibits E-1

and E-1I), respectively.


caused this Fifth Amendment to Declaration to be executed the




BY __ ~ __ ~~~~~~ ____________ ___ Timothy L. Nolde Its President

-8-


COUNTY OF WASHINGTON )

SUNNYSIDE II LIMITED PARTNERSHIP, a Minnesota limited Partnership


By~~~~~~~~~ ____________ __ Timothy L. Nolde President of said corporation

The foregoing instrument was acknowledged before me this day of July, 1988, by Timothy L. Nolde, the President

'of Croixdel, Inc., a Minnesota corporation, General Partner of Sunnyside On The St. Croix Limited Partnership, a Minnesota limited Partnership, on behalf of the partnership.

Notary Public


COUNTY OF WASHINGTON )

The foregoing instrument was acknowledged before me this day of July, 1988, by Timothy L. Nolde, the President of Territorial Land Development, Inc., a Minnesota corporation, General Partner of Sunnyside II Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.

Notary Public

THIS INSTRUMENT WAS DRAFTED BY: N. Walter Graff Best & Flanagan 3500 IDS Center Minneapolis, MN 55402

-9-




EXHIBIT A


THE ADMINISTRATOR OF VETERANS AFFAIRS, an Officer of the United States of America, hereby consents and approves CONDOMINIUM NO. 38, SUNNYSIDE II CONDOMINIUM, FIFTH AMENDMENT TO DECLARATION, to which this Approval is attached, and the subjecting of the additional real property described therein according to the provisions of Condominium No. 38, SUNNYSIDE II CONDOMINIUM, DECLARATION, dated November 16, 1983 and filed as Document No. 455541 in the office of the County Recorder, Washington County, Minnesota.

IN WITNESS HWEREOF, THOMAS K. TURNAGE, as Administrator of Veterans Affairs, on this day of , 1988, has caused this instrument to be signed in his name and on his behalf by the undersigned Assistant Loan Guaranty Officer of the Veterans Administration, an agency of the United States, being thereunto duly appointed, qualified and acting pursuant to Sections 212, 1811 and 1820 of Title 38 United States Cod, and the regulations pursuant thereto, 38 C.F.R. Sections 36:4342 and 36:4520, as amended by 45 Fedeial Register 21242 (1980). The undersigned's position may be confirmed at Telephone No. (612) 725-4064.

THOMAS K. TURNAGE Administrator of Veterans Affairs

BY __ ~~~~=--=~~~ ____________ __ RICHARD E. NELSON

Assistant Loan Guaranty Officer Veterans Administration Bishoip Henry Whipple Federal Bldg. Fort Snelling St. Paul, Minnesota 55111

-10-



On this day of , 1988, before me a Notary Public, appeared RICHARD E. NELSON, Assistant Loan Guaranty Officer of the Veterans Administration, an agency of the United States of America, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he is delegated the authority to execute the same as said officer in behalf of the Administrator of Veterans Affairs for the purposes therein contained.


This document was prepared by District Counsel, VA, Bishop Henry Whipple Federal Bldg., Fort Snelling, St. Paul, MN 55111

-11-



EXHIBIT B

That part of Government Lot No.4, Sec. 34, T 30 N, R 20 W in the City of Oak Park Heights, Washington County, Minnesota, described as follows:

Commencing at an iron on the South line of Government Lot No.4, Sec. 34, T 30 N, R 20 W, and the Easterly right of way line of Chicago & Northwestern Transportation Co. aka Chicago, Minneapolis, St. Paul & Omaha Railway;

thence N 20°27'30" W (assumed· bearing) along said Easterly right of way line of Chicago & Northwestern Transporta.tion Co. for 297.64 ft. to the most Wester~y corner of Sunnyside on the St. Croix, as shown in Doc. No. 331568;

thence N 69°26'15" E for 150.28 ft. along with Northerly line of Sunnyside on the St. Croix, to the point of beginning of this description;

, thence N 20°27'30" W for 448.58 ft. to the centerline of a

storm sewer easement described in Doc. No. 269579;

thence N 83°39'52" E for,197.06 ft. along said centerline;

thence S 27°40'31" E for 49.87 ft.;

thence S 31°47'00" E for 275.80 ft. to the most Northerly corner of Sunnyside on the St. Croix;

thence S 51°47'45" W for 264.92 ft. along the Northerly line of Sunnyside on the St. Croix to the point of beginning.


-12-



EXHIBIT C

Fraction of Undivided Interest Address:

Unit Area In in Common Elements Oak Park Heights No. Sq. Ft. Expenses and Votes Minnesota

1 2,500 6345 North St. Croix Trai 1

2 2,500 6343 North St. Croix Trail 3 2,500 6341 North St. Croix Trail 4 2,500 6339 North St. Croix Trai 1

5 2,500 6337 North St. Croix Trail



8 2,500 6409 North st. Croix Trai 1

9 2,500 6407 North st. Croix Trail








17 2,500 6325 North st. Croix Trai 1

18 2,500 6323 North St·. Croix Trail


20 2,500 6314 North st. Croix Trail



23 926 6351 North St. Croix Trail












-13-

35 1. 092 6351 North St. Croix Trail






41 927 6351 North St. Croix Trai 1















56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81

-14-

G-l 189 6351 North St. Croix Trail

G-2 189 6351 North St. Croix Trail








G-I0 189 6351 North St. Croix Trail

G-ll 189 6351 North St. Croix Tra i 1

G-12 189 6351 North St. Croix Tra i 1





G-17 189 6351 North St. Croix Trai 1








G-25 189 6351 North st. Croix Trail



G-28 189 6351 North St, Croix Trail




G-32 189 6351 North St. Croix Trial


G-34· 189 6351 North St. Croix Trail







G-41 189 6351 North st. Croix Trail


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G-43 189 G-44 189 G-45 208 G-46 189 G-47 189 G-48 189

G-49 215 G-50 189 G-51 291

G52 G53 G54 G55 G56 G57 G58 G59 G60 G61 G62 G63 G64 G65 G66 G67 G68 G69 G70 G71 G72 G73 G74 G75 G76 G77 G78 G79 GSO

TOTALS:

6351 6351 6351 6351 6351 6351

6351 6351 6351

100%

-16-

North St. Croix Trail North St. Croix Trail North St. Croix Trail North St. Croix Trail North St. Croix Trail North St. Croix Trail

North St. Croix Trail North St. Croix Trail North St. Croix Trail




EXHIBIT D



KATHRYN D. HANSON, being first duly sworn upon oath, deposes and says that on the -day of July,l988, she served the attached Notice of Intention to Add Additional Real Estate (a copy of which is attached hereto as Exhibit D-I), together with a copy of the Fifth Amendment to Declaration (to which this Affidavit is attached) upon Sunnyside II Condominium Association, Inc. (the "Association") therein named at 311 South 3rd Street, Oak Park Heights. Minnesota, in the County of Washington, by handing to and leaving with Timothy L. Nolde, President of said Association, a true and correct copy thereof.

Further Your Affiant Sayeth Not.

Kathryn D. Hanson

Subscribed and sworn to before me this ____ day of , 1988.

Notary Public

-17-




EXHIBIT D-I



YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as an original Declarant, and Sunnyside On The St. Croix Limited Partnership, a Minnesota Limited Partnership, as Successor Declarant, intend to add Additional Real Estate to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited partnership in the Declaration establishing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.1-101 to 515A.4-117 (hereinafter referred to as the "Act").

Attached hereto is a copy of the Fifth Amendment to Declaration.


DATED:


By Croixdel, Inc., a Minnesota corporation, as General Partner of said Limited Partnership

By-=~~~~ __ =-~ __________ _ Timothy L. Nolde President of said corporation



BY-=~~~~ __ ~~ ____________ _ Timothy L. Nolde

-18-





EXHIBIT E




1. That she is an employee of Best & Flanagan, 3500 IDS Center, Minneapolis, Minnesota 55402.

2. That under date of , 1988, she mailed a copy of the Notice of Intention to Add Additional Real Estate, a copy of which is attached hereto and made a part hereof as Exhibit E~I to the occupants set forth on Exhibit E-II attached hereto and made a part hereof who are entitled to legal notice under Chapter 582, Session Laws of Minnesota for 1980. Minnesota Statutes 515A.2-111(b),. by placing a copy thereof in a sealed envelope postage prepaid and depositing the same in the U.S. Mails at Minneapolis, Mirinesota, addressed to said occupants at their addresses as set fortb on Exhibit E-II.

3. That a copy of the Fifth Amendment to Declaration was thereafter served on Sunnyside II Condominium Association. Inc. as set forth in the Affidavit attached hereto as Exhibit F.

Further Your Affiant.

Kathryn D. Hanson

Subscribed and sworn to before me this ____ day of • 1988.

Notary Public

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EXHIBIT E-I

NOTICE OF INTENTION



YOU WILL PLEASE TAKE NOTICE that Sunnyside II Limited Partnership, a Minnesota Limited Partnership, as an original Declarant, and Sunnyside On The St. Croix Limited Partnership, a Minnesota Limited Partnership, as Successor Declarant, intend to add Additional Real Estate'to Condominium No. 38, Sunnyside II Condominium, in accordance with the option and right reserved by Sunnyside II Limited Partnership in the Declaration establi~hing said condominium and pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Minnesota for 1980, Minnesota Statutes Sections 515A.l-IOl to 515A.4-117 (hereinafter referred to as the "Act").


A copy of the Fifth Amendment to Declaration has been served on Sunnyside II Condominium,Association, Inc. pursuant to said Act.

DATED:


By Croixdel, Inc., a Minnesota corporation, as General Partner of said Limited partnership

BY-=~~~~ __ ~~ __________ _ Timothy L. Nolde President of said corporation



By-=~~~~ __ ~~ ____________ _ Timothy L. Nolde

-20-


1 2 3 4 5 6

7 8 9

10 11 12

13 14 15 16 17 18

19 20 21 22

23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38


SUNNYSIDE II CONDOMINIUM FIFTH AMENDMENT TO DECLARATION

EXHIBIT E-II

OccuEant Address

Richard and Jean Jones 6345 North Larry and Gloria Peterson 6343 North Frank and Kathy Armatis 6341 North Donald. and Shirley Lambert 6339 North Richard Martin 6337 North Bruce and Sharon Brown 6335 North

George and Susan Vogt 6411 North Ted Perlinger and Lois Tyler 6409 North Thomas and Anne Hunninghake 6407 North Thomas and Gloria Williamson 6405 North Dale and Donna Thorne 6403 North Robert and Marilyn Cady 6401 North

Sunnyside II Limited Partnership 6333 North Robert and Jean Mullin 6331 North Charles and Pamela Jakosa 6329 North Gary and Mary Anderson 6327 North Sunnyside II Limi ted Pa.rtnership 6325 North Sunnyside II Limited Partnership 6323 North

Robert and Nancy Richards 6321 North Thomas and Maribeth Callahan 6314 North Duane Rasmussen 6317 North David and Janet Weitergren 6315 North

6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North 6351 North

-21-

St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Tra:l

St. Croix Trai 1 St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Tra-

St. Croix Trai 1 St. Croix Trail St. Croix Trai 1 St. Croix Trai 1 St. Croix Trai 1 St. Croix Trail

St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trai 1

St. Croix Trai 1 St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trai 1 St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail St. Croix Trail

39 6351 North St. Croix Trail 40 6351 North St. Croix Trail 41 6351 North St. Croix Trail 42 6351 North St. Croix Trail 43 6351 North St. Croix Trail 44 6351 North St. Croix Trail 45 6351 North St. Croix Trail 46 6351 North St. Croix Trail 47 6351 North St. Croix Trail 48 6351 North St. Croix Trail 49 6351 North St. Croix Trail 50 6351 North St. Croix Trail 51 6351 North St. Croix Trail 52 6351 North St. Croix Trail 53 6351 North St. Croix Trai 1 54 6351 North St. Croix Trail 55 6351 North St. Croix Trail

-22-

4g8869€¦ · 4g8869 condominium number ... this amendment is made this 29th day of june, 1984, by...

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