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7013149 <br /> DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS AND <br /> STORMWATER FACILITIES AND DRAINAGE EASEMENT <br /> THIS DECLARATION OF COVENANTS, CONDITIONS, <br /> RESTRICTIONS AND STORMWATER FACILITIES AND DRAINAGE <br /> EASEMENT("Declaration") is made effective as of September 21, 1998,by James D. <br /> Render and Denise H. Render,husband and wife("Declarant"). <br /> RECITALS: <br /> A. Declarant is fee owner of that certain real property located in Hennepin <br /> County,Minnesota legally described as Lots 1, 2 and 3,Block 1, Tonkawa <br /> g <br /> Shores(hereinafter referred to as the Property" or the"Lots"). <br /> B. Declarant desires to provide, for the benefit of the Property, an easement <br /> for stormwater management and stormwater facilities and drainage over, <br /> across and upon that portion of said Lot 3 identified as "Drainage <br /> Easement" on the recorded plat of Tonkawa Shores (the "Easement Area") <br /> and to further provide for the maintenance and restrictions relating to the <br /> stormwater facility and drainage easement herein granted. <br /> NOW,THEREFORE, in consideration of the foregoing,the Declarant hereby <br /> declares that the Lots are and shall be held,transferred, sold, conveyed, and occupied <br /> subject to the covenants, conditions,restrictions, and easements hereafter set forth,which <br /> shall run with the Property and shall be binding on all parties,now or hereafter having <br /> any right,title,or interest in the Property and any part thereof,their heirs, successors, and <br /> assigns (each of whom are hereafter referred to individually as an"owner" or collectively <br /> as "Owners"), and shall inure to the benefit of each Owner. <br /> 1. Stormwater Facility and Drainage. Declarant hereby declares and creates a <br /> perpetual,non-exclusive easement over, across and upon the Easement Area <br /> for the benefit of the Lots and use by the Owners. j <br /> 2. Maintenance of Stormwater Facility. <br /> 2.1) Each Owner shall pay an equal,porportionate share for any costs for <br /> construction,maintenance or repair of the Stormwater Facility. <br /> Maintenance shall include construction,reconstruction, and cleaning as <br /> necessary,provided however, that all maintenance shall be conducted <br /> in compliance with all applicable provisions of the City of Orono <br /> ("City") Ordinances. Declarant shall be responsible, at his/her expense, <br /> for initial construction of the Stormwater Facility,which shall in all <br /> respects conform to the requirements of the City. All future <br /> Maintenance shall be conducted by the Owners or their contractors, at <br /> Owner's expense. <br /> 2.2) Each Owner's share of costs for Maintenance shall be due and payable <br /> on the date such costs for Maintenance are due and payable to the <br /> person or entity rendering an account therefor. Each Owner's share of <br />