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REFORMED EASEMENT AGREEMENT
<br />This Reformed Easement Agreement ("Agreement") effective December 3 , 2004, is
<br />by and between Frederick C. Peters, single ("Peters") and Ronald G. Dudley and Patricia A.
<br />Dudley, husband and wife ("Dudley").
<br />RECITALS
<br />WHEREAS, Dudley and Peters are the present parties in interest with respect to the
<br />lands benefited and burdened by a certain easement created by a deed dated January 12, 1984
<br />and filed as Document No. 1564103 on February 23, 1984, in the Hennepin County Recorder's
<br />Office, Hennepin County, Minnesota; and
<br />WHEREAS, Peters and Dudley wish to reform the said easement because it
<br />inadvertently failed to unambiguously state the intents and purposes of the parties thereto, and
<br />the facts on the ground with respect to the easement, both in 1984 and in 2004.
<br />NOW, THEREFORE, in consideration of One D91lar and other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged, Peters and Dudley
<br />hereby agree as follows:
<br />1. Ownership. Peters is the fee owner of Lot 2, Block 1, Colorado Springs, Hennepin
<br />County, Minnesota ("Peters Parcel"). Dudley is the owner of Lot 1, Block 1, Colorado Springs,
<br />Hennepin County, Minnesota ("Dudley Parcel"). There are no other parties in interest in the
<br />two lots, except their respective mortgagees named below, if any.
<br />2. Reformation of Old Easement. The parties hereby agree to reform the rights and
<br />obligations created by that certain deed dated January 12, 1984 and filed as Document No.
<br />1564103 on February 23, 1984 because the said easement failed to carry out the intents and
<br />purposes of the parties thereto, and the existing facts on the ground.
<br />3. Reformed Easement. Peters grants Dudley, their heirs and assigns, an exclusive
<br />easement, running with the land, for the continuing use of the existing patio, barbeque, steps and
<br />access including .any re-construction, maintenance, repair and replacement of the said patio,
<br />barbeque and steps, except that Dudley, and their heirs and assigns, agrees not to install a fixed
<br />permanent solid roof over the said patio, but Dudley, and their heirs and assigns, may install and
<br />utilize a trellis, gazebo, umbrella, or the like, over the said patio, barbeque and steps (the
<br />"Reformed Easement"). The Reformed Easement being in, over and upon that part of Peters
<br />Parcel, described as follows:
<br />That part of Lot 2, Block 1, COLORADO SPRINGS, described as commencing at the
<br />Northeast comer of said Lot 2; thence on an assumed bearing of South 75 degrees 07
<br />minutes West along the northerly line of said Lot 2 a distance of 240.84 feet to the point
<br />of beginning of the easement to be described; thence South 14 degrees 53 minutes East a
<br />distance of 7.36 feet; thence South 52 degrees West a distance of 31.18 feet; thence South
<br />86 degrees West a distance of 40.24 feet; thence North 14 degrees 53 minutes West a
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