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. B. Declarant may at some point in time transfer title to the subject property and desires to create, establish, and secure an easement against the subject property which is more fully described in Section 1.1 below. C. Declarant hereby declares that the subject property shall be held, sold and conveyed subject to this Declaration of Easement. The easement rights and responsibilities set forth herein shall run with the land, and shall be binding upon the heirs, successors and assigns of the parties having any right, title or interest in the subject property. EASEMENT l.l Declarant hereby creates, establishes, and declares a perpetual easement over a Lot 2, Block 3, SuGAR WooDs for the specific purpose of accommodating overland drainage from Lot 3, Block 3, SUGAR WOODS. Said easement is more particularly described as follows: A perpetual easement for overland drainage purposes over that part of Lot 2, Block 3, SUGAR WOODS, Hennepin County, Minnesota, which lies 5 feet on both sides of the westerly extension of the northerly line of Lot 1 in said Block 3 of SuGAx WooDs(the "easement premises"). 1.2 The easement above described herein burdens the easement premises, and is appurtenant to and for the benefit and use of any owner of Lot 3, Block 3, SUGAR WOODS (the "benefited parcel"), their successors,heirs, and assigns. 1.3 Any orvn�r�f the benefited parcel shall ha�✓;, the right to enter upan the easer.ment premises described above at all reasonable times for the construction, inspection, maintenance and repair (including reconstruction) of the overland drainage system on the easement premises. The owner of Lot 2, Block 3, Su�AR WooDs shall not be responsible for any costs and/or expenses associated with the construction, inspection, maintenance, repair, or reconstruction of the easement premises. 148802v01 2 SRN:11/18/2009