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6039267 <br />3772034 <br />AMENDMENT p DECLARATION <br />THIS AGREEMENT is made effective as o[ th.! 1st day ,f <br />February, '!.993, by and among the under;.;igned owners of the <br />parcels of real estate situated in Hennepin County, Minnasota, <br />legally described on Exhibit "A" att:eched hereto and made a ., <br />part hereof by reference. <br />The facts on which this Agreement is based are as fellows: <br />A. Pursuant to that certain Declaration of Private Road <br />~nd Utility Easements and CovenDnt 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 Minne:sota coi-pot:ation, <br />Richard F. Kyle and Katt.le:zn A. Kyle, husband and wife, and <br />Builders Development & Finance, Inc., a Mi~nesota corpoLation, <br />filed for recot:d in the office of the County Recorder in and <br />for Hennepin County, Minnesota on August 17, 1988 and recorded <br />as Docu~ent No. 5444194, and filed for record in the office of <br />the Registrar cf Titles in and for Hennepin County, Minnesota <br />en August 15, 19813 and recorded as Document No. 1951785 (the <br />•Road Declaration•), an easement fo~ driveway, ingress, egress, <br />drainage and utility purposP.s was createG over, under and <br />across Outl<"•t D, Bayside Landing, Hennepin County, Minnesota, <br />for t~e exclusive benefit of certain parcels of real estate <br />situated in Hennepin Cvunty, Minnesota, des::::ibed in the Road <br />Declaration. <br />B. Pursuant to Paragraph 12 of the Road Dec13ratlon, the <br />Road Declaration may be amended by the owners representing <br />seventy-five percent (75%) ~f the lots which are subject to the <br />Road Declaration.