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<br /> 7013148
<br /> DEC
<br /> LARATION OF COVENANTS CONDITIONS RESTRICTIONS
<br /> AND PRIVATE ROADWAY EASEMENT
<br /> THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
<br /> PRIVATE ROADWAY EASEMENT ("Declaration") is made effective. , as of
<br /> 19_9B-1 by James D Render and Denise A. Rendez ,
<br /> husbandand wife ("Declarant").
<br /> RECITALS:
<br /> A. Declarant is fee owner of that certain real property located in Hennepin County,
<br /> Minnesota legally described on Exhibit "A" attached hereto and made a part
<br /> hereof (the ."Property").
<br /> B. Declarant desires to provide, for the benefit of Lots 1.2 0, Tonkawa Shores
<br /> (the 11 Lots" an e Y easement for roadway purposes (the "Roadway") over, across,
<br /> )
<br /> and upon Outlot A, Tonkava Sh-res (the "Outlot"), and to further
<br /> provide for the maintenance, ownership, and restrictions relating to the Roadway
<br /> and the easement herein granted.
<br /> NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby declares
<br /> that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and occupied
<br /> subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall
<br /> run with the Property and be binding on all parties, now or hereafter having any right, title, or
<br /> interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom
<br /> are hereafter referred to individually as an"Owner" or collectively as "Owners"), and shall inure
<br /> to the benefit of each Owner.
<br /> 1. Roadwav Easement. Declarant hereby declares and creates a perpetual, non-
<br /> exclusive private road easement over the Outlot for the benefit of the Lots and
<br /> use by the Owners and their invitees and other public service providers, such as
<br /> police, fire, bus and ambulance services.
<br /> 2. Maintenance of Roadway.
<br /> 2.1) Each Owner shall pay an equal, proportionate share for any costs for
<br /> construction, maintenance or repair of the Roadway. Maintenance shall include
<br /> construction, reconstruction, resurfacing, snow removal, sanding and salting, as
<br /> necessary, lighting, striping, and curbing as the Owners shall determine
<br /> necessary; provided, however, that all Maintenance shall be conducted in
<br /> compliance with all applicable provisions of the City of Orono Municipal Code
<br /> (the "Code"). Declarant shall be responsible, at his/her expense, for initial
<br /> construction of the Roadway, which shall in all respects conform to the j
<br /> requirements of the City of Orono ("City"). All future Maintenance shall be
<br /> conducted by the Owners or their contractors, at Owners' expense.
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