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Declaration/covenants/conditions/restrictions/private road-1998
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Declaration/covenants/conditions/restrictions/private road-1998
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Last modified
8/22/2023 5:47:22 PM
Creation date
6/26/2019 12:14:40 PM
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x Address Old
House Number
1335
Street Name
Tonkawa
Street Type
Road
Address
1335 Tonkawa Rd
Document Type
Misc
PIN
0811723420011
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2.2) Each Owner's share of costs for Maintenance shall be due and payable on <br /> the date such costs for Maintenance are due and payable to the person or entity <br /> rendering an account therefor. Each Owner's share of such costs shall bear <br /> interest at a rate of eight percent (8%) per annum from such due date to the date <br /> of payment. Any Owner may bring action, on behalf of the non-defaulting <br /> Owners, to collect a defaulting Owner's share of such costs which are not paid <br /> when due, and shall be entitled to recover such reasonable attorney's fees as the <br /> court may allow, together with all necessary costs and disbursements incurred in <br /> connection therewith. <br /> 2.3) The plans, specifications and the awarding of contracts for Maintenance <br /> shall be approved in writing by the Owners of sixty-five percent (65%) of the <br /> Lots. <br /> 2.4) No Owner may exempt himself from the liability for assessments by <br /> waiver of the use or enjoyment of the Roadway or by the abandonment of his <br /> Lot. <br /> 3. Ownershiu of the Outlot. Each Lot shall be sold, transferred and conveyed <br /> together with an undivided one- third ( 1 L3 interest in the Outlot. In the <br /> event City shall determine it to be in the public interest to utilize the Roadway as <br /> a public street, each Owner shall, after-notice in accordance with applicable <br /> provisions of Code and Minnesota law, convey its undivided interest in the Outlot <br /> to City for no additional consideration therefor. <br /> 4. Prohibitions of Use of Roadway. <br /> 4.1) No Owner shall obstruct or interfere whatever with the rights and <br /> privileges of other Owners in the Roadway and except for Maintenance of the <br /> Roadway, nothing shall be planted, altered, constructed upon or removed from <br /> the Roadway. <br /> 4.2) No Owner shall obstruct or interfere with the passage of any school bus <br /> or emergency vehicle over or across the Roadway. <br /> 4.3) No vehicles shall be parked in the Roadway for a continuous period of <br /> time greater than twenty-four hours. <br /> 4.4) No vehicular repair or maintenance may be conducted in the Roadway. <br /> 5. Violation and Enforcement. <br /> 5.1) In the event the Owners fail to conduct Maintenance, it is agreed by all <br /> Owners that City, may undertake such Maintenance and assess each Lot an equal, <br /> proportionate share of the Maintenance conducted by the City. Any such <br /> Maintenance conducted by the City will not result in the Roadway becoming a <br /> 2 <br />
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