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AMENDMENT TO DECLARATION OF COMMON DRIVEWAY EASEMENT THIS AMENDMENT is made this I'd1/,., day of February, 2000. by and between RYAN CP, LLC, a Minnesota limited liability company ("Company"), and RYAN COMPANIES US, INe., a Minnesota corporation ("Ryan"). RECITALS A. Company is the owner of the premises described on Exhibit 1 attached hereto ("Parcell"), and Ryan is the owner of the premises described on Exhibit 2 attached hereto ("Parcel 2"). B. Parcel 1 and Parcel 2 are subject to a Declaration of Common Driveway Easement dated June 3, 1998 made by Ryan which was recorded in the office of the Ramsey County Recorder on July 10, 1998 as Document No. 3070448 (the "Declaration"). C. The Company and Ryan wish to modify the Declaration to increase the area of the common storm sewer easement and release part of the common driveway easement created thereby. AGREEMENT NOW, THEREFORE, with the receipt and sufficiency of consideration hereby ack..rlOwledged by the mutual promises contained herein, the parties hereto agree as follows: I. Ryan hereby grants and conveys to the Company a nonexclusive easement appurtenant to Parcell, in common with Ryan, for common storm sewer purposes only, over the premises described on Exhibit A attached hereto (the "Additional Easement Area"). The Additional Easement Area is subject to the terms and conditions applicable to the existing storm sewer easement in the Declaration. 2. Ryan hereby releases that portion of the Westerly twenty (20) feet of the Easement Parcel described in the Declaration which is located on Parcel I from the easement for vehicular ingress and egress created thereby. 3. This Amendment shall run with the land and be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. 4. Except as specifically provided herein, the terms and conditions of the Declaration remain in full force and effect. \\R Y AN I \VOL I\DEPT'LEG\DPB\Amcndml\AmendDec0218 doc