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DECLARATION OF DRIVEWAY EASEMENT <br /> THIS DECLARATION, is made this 25th day of October, 2018, by WILLIAM M. <br /> DUNKLEY and SUSAN K. DUNKLEY, husband and wife (hereinafter referred to as the <br /> "Declarants"). <br /> RECITALS <br /> WHEREAS, the Declarants own and have fee title to the parcel of real property located <br /> in the city of Orono, County of Hennepin, State of Minnesota, legally described as (i) Lot 2, <br /> Pence Lane Addition("Lot 2"), and (ii) Outlot A, Pence Lane Addition("Outlot A"); and <br /> WHEREAS, there is a non-exclusive driveway easement over Outlot A and Lot 2, as <br /> stated in that certain Driveway Easement Agreement, filed August 19, 1982 as Document <br /> Number 1478531, as modified by that certain Gate Easement and Modification Agreement, filed <br /> May 26, 1989 as Document Number 2015330, with the Registrar of Titles, Hennepin County, <br /> Minnesota that affects the Declarants' property("Gate Easement"); and <br /> WHEREAS, the Declarants hereby establish and declare the following easement: <br /> 1. A perpetual, non-exclusive easement for vehicular and pedestrian ingress and <br /> egress purposes over, upon and across a driveway located on Outlot A and, legally described on <br /> Exhibit A, attached hereto and incorporated herein by reference, and depicted on Exhibit B, <br /> attached hereto and incorporated herein by reference (the "Driveway Easement"), which <br /> easement shall be appurtenant to and benefit Lot 2. <br /> 2. The Declarants declare that the driveway located within the Driveway Easement <br /> shall be approximately twelve (12) feet in width. <br /> 3. The owner of Lot 2 shall be responsible for one-half(1/2) of the net cost to repair <br /> and maintain the Driveway Easement. For the purposes of this Declaration, the net cost shall <br /> mean the aggregate cost of any repair, maintenance item or improvement, reduced by any <br /> contribution to such cost made by any third-party who utilizes or benefits from such Driveway <br /> Easement. Either owner of Lot 2 and Outlot A shall have the right to notify the other owner in <br /> writing of its determination that maintenance items or repairs to the Driveway Easement are <br /> necessary. If the cost of the repair or maintenance item exceeds Ten Thousand Dollars <br /> ($10,000.00), then the owners shall have thirty (30) days after the receipt of such notification to <br /> mutually agree upon the scope and manner of any such repairs or maintenance. If the owners are <br /> unable to reach agreement regarding the repairs or maintenance in question, then the matter shall <br /> be settle by arbitration, pursuant to the terms and provisions set forth in Section 7 below. <br /> 4. The owner of Outlot A shall have the right to improve the Driveway Easement, <br /> and each owner of Lot 2 and Outlot A shall pay one-half (1/2) of the net cost for any such <br /> improvement; provided, however, if the cost of any such improvement exceeds Ten Thousand <br /> Dollars ($10,000.00), then the owner of Outlot A shall be required to obtain written consent from <br /> the owner of Lot 2 before making any such improvement. <br /> 5. The owners of Lot 2 and Outlot A are bound by the terms and provisions of the <br /> Gate Easement, as if the same where incorporated herein. The "Gate" located within the Gate <br />