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377Z034 <br />THIS AGREEMENT <br />February, 1993, by <br />AMENDMENT TO DECLARATION <br />is made effective as of <br />and among the undersigned <br />the 1st day of <br />owners of the <br />parcels of real estate situated in Hennepin County, Minnesota, <br />legally described on Exhibit "A" attached hereto and made a <br />part hereof by reference. <br />The facts on which this Agreement is based are as follows: <br />A. Pursuant to that certain Declaration of Private Road <br />and Utility Easements and Covenant for Road Maintenance, dated <br />May 9, 1988, made by Betty L. Miner, single, individually and <br />as Personal Representative of the Estate of Andrew E. Miner, <br />Landmark Construction, Inc., a Minnesota corporation, <br />Richard F. Kyle and Kathleen A. Kyle, husband and wife, and <br />Builders Development & Finance, Inc., a Minnesota corporation, <br />filed for record in the office of the County Recorder in and <br />for Hennepin County, Minnesota on August 17, 1988 and recorded <br />as Document No. 5444194, and filed for record in the office of <br />the Registrar of Titles in and for Hennepin County, Minnesota <br />on August 15, 1988 and recorded as Document No. 1951785 (the <br />"Road Declaration"), an easement for driveway, ingress, egress, <br />drainage and utility purposes was created over, under and <br />across Out lot D, Bayside Landing, Hennepin County, Minnesota, <br />for the exclusive benefit of certain parcels of real estate <br />situated in Hennepin County, Minnesota, described in the Road <br />Declaration. <br />B. Pursuant to Paragraph 12 of the Road Declaration, the <br />Road Declaration may be amended by the owners representing <br />seventy-five percent (75%) of the lots which are subject to the <br />Road Declaration.