First Amendment to Covenants, Conditions and Restrictions Agreement - Art Works Eagan-001-Amendment-20230518 Receipt:#889925 3587700
Return o. $46.00 I(IIIII II II VIII IIIII IIIII IIIII IIIII IIII IIII
SIMPLIFILE
5072 NORTH 300 w Recorded on:5/18/2023 8:08 AM
By:SET,Deputy
PROVO UT 84604 Office of the County Recorder
Dakota County,Minnesota
Amy A.Koethe,County Recorder
FIRST AMENDMENT TO COVENANTS, CONDITIONS
AND RESTRICTIONS AGREEMENT
This First Amendment to Covenants, Cgnditions a Restrictions Agreement
("Amendment") is made and entered into this day of , 2023 by and
between the City of Eagan, a Minnesota municipal corporation(the "Ci ") and Art Works Eagan,
a Minnesota non-profit corporation (the "Owner"). (The City and the Owner are collectively
referred to herein as the "Parties.")
WHEREAS, the Parties entered into that certain Covenants, Conditions and Restrictions
Agreement dated August 15, 2017 and recorded with the Dakota County Recorder's Office on
August 16, 2017 as document No. 3207970 (the"Agreement"); and
WHEREAS, the Agreement contains certain covenants that prohibit certain uses on the
property legally described on Exhibit "A" attached hereto (the "Property"); and
WHEREAS,the Parties are desirous to amend the covenants in the Agreement as it relates
to the Property.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration,the Parties agree as follows:
1. AMENDMENT of ARTICLE 1.2. Article 1.2 is hereby amended to read as follows:
1.2 Prohibited Uses. No portion of the Property may be used or operated for
any of the following: (a) adult book store or sexually-oriented shop or theater,
(b)any funeral home or mortuary, (c) any medical clinic where it is the primary
use for the Property,provided, that a medical office that provides pediatric and
adolescent psychological and neurological testing services is hereby allowed as
a principal use; (d)any nursing home, rest homes,retirement homes or day care
center where the same is a primary use for the Property or, (e)restaurant where
it is a primary use for the Property.
2. ADDITION OF ARTICLE 5—PROOF OF PARKING. In the event that the City believes
that there is not adequate parking to serve the use described in Article 1.2(c),
the proof of parking depicted on Exhibit`B"shall be constructed by the Owner
or its successors and assigns.
Except as hereinafter modified, all other terms of the Agreement shall remain in fall force
and effect.
[Signature pages to follow.]
2
FIRST AMENDMENT TO COVENANTS, CONDITIONS
AND RESTRICTIONS AGREEMENT
Signature page of the City
City of Eagan, a Minnesota municipal
Corporation
C
By:
Mike Magu' e
Its: Mayor
By:
Eliz e a arose
Its: Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this i L;"- day of
mq:�4 , 2023, by Mike Maguire and Elizabeth VanHoose,the Mayor and Clerk of the
City of Eag ana Minnesota municipal corporation, on behalf of the municipal corporation.
ranawaww�wo
ANGELA D.FAISOJ2O5
NOTARY-PUBM-MINM
.,,,. My Comm.Exp.Jan.31, ^�
Notary Pub c
3
FIRST AMENDMENT TO COVENANTS, CONDITIONS
AND RESTRICTIONS AGREEMENT
Signature page of the Owner
Art Works Eagan, a Minnesota
non-profit corporation
By:
CPL (
N p U 1ki
(Its: e44
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was aFknowledgedp efore me this O day of A4A y ,
202'3,by 6' e"4Ln P 01-Jt!Ej the C,6o*1 (w ispj of Art Works Eagan, a
Minnesota non-profit corporation, on behalf of the non-profit corporation.
Notary Public
d � GABRIEL ESQUNEL SANCHEZ
NOTARY PUBLIC.MINNESOTA
"°g My COMnis W Esc W An.31,203 ;
This instrument was drafted by:
Dougherty, Molenda, Solfest, Hills &Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 953-8847
(RBB: 206-46555)
4
EXHIBIT A
LEGAL DESCRIPTION
That part of the following two parcels of land lying westerly of the westerly right,of way.line of
C.ouiity'State Aid Highway No, 31., also,:known as :Pilot Kao i Road;per.;D,akota County Road.
Right Of Way:Map Numbers 25 and"25A:
Parcel,1:
Commencing-at the Southeast corner of Section 16, Township'27, Range.23,thence West along
the South line of said Section 16 a distance of 214:5 feet,thence North parallel to the East line of
sazcl Section.l4 a distance,:of 426 feet, thence East,at right angles to,said West line a.distance of
:2:14,5'feet to the;East line of"said.Section 16,'thence,S'outh along.said.East:line.of said.S_ection 16'to'the point of beginning, all .in Section, 16',, Township 27, ,Range 23, according to-the survey
thereof and the plat on file and of record in the office of the:Register of Deeds in and for said
County and State,Dakota County,Minnesota..
AND
Parcel 2:
That part of the following describedproperty:.
The North 280.5 feet of the East 214.5 feet of the:Northeast Quarter (NE; 1/4) of the Northeast
Quatter (NE 1/4) of Section 21, Township. 27, Range 23, according to the government survey;
Dakota,County;Minnesota.
Which lies northerly of a line lying,30.00 feet northerly of and parallel with a line described as
commencing at the northea9t'.c.0mer otsaid.Section 21; thence.on an assumed bearing of:North
89:.degrees 54 minutes 45 seconds West, g,distance:of 214.S:Q ;feet to the west line,of the east
214.5 feet of said Northeast Quarter of Section X21;, thence South 0 degrees 00 -minutes 12
seconds East,along said west line of the east 214.5 feet of the Northeast Quarter of Section 21, a
distance of 49.41 feet to the point of beginning of said line.; thence easterly, 51.90 feet on:a non-
tangential curvet concave, to the: north, having a. radius of 2;20,00 feet, a. :centiral 'augke :of 13
degrees 30.minutes 57 seconds and a chord which bears South'-$3 degrees 09 minutes'17'seconds
East; thence South 89 degrees 54 minutes 45 seconds East, tangent to said,curve, a distance of
163.09 feet to the east line of said Northeast Quarter of Section 21 and said line there
terminating.
Page 1 of 2 Pages
AND
That part.of the following described property:
The North 280.5 feet of the East 214.5 feet of-the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE '1/4) of Section 21, Township 27, Range 23; according to the government survey,
Dakota County,,Minnesota.
Which lies northerly-of a line lying 30.00-feet n6rtherl,y.of and parallel with a,line.described.-as
commencing.:at the northeast.corner'of.said`S`ect on...251;thence:on an assumed bearing:of North
8.9 degrees :$.4_W,-h res 45 seconds West,. zi d:sfancP�'o£214:5:0 feet to the west,Uvo of"tao east:
2.14.5 feet. ,of. 'saidNortheast Quarter of Section- 21;?'thence South. .0 ;degrees 00. minutes 12
seconds East;.along said west line ofthe,east:.114.6 feet.of'.the Northeast Quarter'of Section 21,a
distance-of 49:41 :feet to the point of beginning of'said line;thence easterly 51.90 feet ona non-
tangential curve concave to the north, having a xadius of 220.00 feet, a central angle of 13
degrees 30 minutes 57 seconds'and a,chord which bears South 83 degrees 09minutes 17 seconds
East; thence South 89 degrees 54 minutes 45 seconds East, tangent to said curve, a,distance of
163.09 feet to the east line of said Northeast Quarter of Section! 21 and said line there
terminating.
Together with an,easement over, under and across the'northerly 5.00 feet of:the above Ydescribed
property lying;westerly of the'westerly.right, of wary:line :of County State,Aid:Highway'N.o: .3.1
;perDakota'CountyRoad;R ght®f'Way. 'MapXWnber"s.25,md 25A.
Together with an. easement over; under and across: ,the southerly 10.00 feet of the above
described property lying:westerly of the westerly right of way line of'County State Aid Highway
No. 31 per Dakota"County Road Right Of Way Map Numbers 25'and 25A.
Together with'an easement over, under and,across the easterly 10.00 feet of the above.described
property lying westerly of the westerly right of way line of County State Aid Highway. No. 31
per Dakota County, Road Right Of Way Map Numbers 25 and 25A.
Page 2 of 2 Pages
R 34 i
'002
F
E
*A
1�
�r ?
�1
E
j
T 3
4:
Y qg
3
4
Proof of Parking ti nt