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<br /> the violating Owner. Any such assessment shall become due and payable upon the demand t
<br /> of any of said remaining Owners. All of the remaining Owners, or any of them; shall have the
<br /> right and power to enforce this Declaration and to collect the cost of any maintenance
<br /> required as a result of an O\vners violation, in a legal proceeding for that purpose. The
<br /> prevailing party in any such legal proceedings shall further be entitled to recover such
<br /> reasonable attorneys fees as the court may allow, together with all necessary costs and I
<br /> disbursements incurred in connection therevvith. Nothing contained in this Section is intended
<br /> to alleviate any obligation of an Owner to pay assessments to the City. In the event any
<br /> assessments are levied by the City as a result of violations of an individual Owner or Owners,
<br /> then such non-violating Owners may collect such sums paid to the City from any violating
<br /> Owner, in accordance with this Section.
<br /> ART]CLE Ill
<br /> PRIVATE DRIN'ENVAY EASEINIENT
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<br /> Section 4.1 Private Driveway Easement. Declarant hereby declares and creates a-fifteen i
<br /> foot (15')temporary, exclusive and appurtenant driveway easement for vehicular travel, over, under +
<br /> and across that part of Lot 6, Block 1, CRYSTAL CREEK, according to the recorded plat thereof,
<br /> Hennepin County, Minnesota, lying northerly of and adjoining a line described as beginning at the
<br /> southeast corner of said Lot 6; thence westerly, along the southerly line of said Lot 6, a distance of
<br /> 110.46 feet and said line there terminating. This driveway easement shall be appurtenant to and for
<br /> tate benefit of the Owner of Lot 7, Block 1, Crystal Creek, according to the recorder; plat thereof,
<br /> Hennepin County, Minnesota, and for the invitees of said Owner, and other public service providers,
<br /> such as police, fire, and ambulance services. This temporary driveway easement shall terminate
<br /> without action by any party, if, and when, the Private Roadway over Outlot A is extended into the
<br /> land adjoining the Property such that the Owner of said Lot 7, Block 1, Crystal Creek is provided
<br /> with ley=al and physi,.al access to and from said Private Roadway.
<br /> Section 4.2 Maintenance and Removal of Private Driveway. The Association shall pay for
<br /> any and all costs incurred in connection with the maintenance, repair and replacement of the Private
<br /> Driveway, and shall assess all such costs among the Owners of the Lots equally as a Common
<br /> Expense Assessment. Maintenance shall include construction, reconstruction, resurfacing, snow
<br /> removal, sanding and salting. Upon the termination of the temporary driveway easement, the
<br /> Association shall be responsible for the removal of the temporary driveway and the restoration of the
<br /> property lying thereunder, and the payment of all costs associated with such removal and restoration,
<br /> which such costs shall be assessed to the Oyvners.
<br /> Section 4.3 Prohibitions of Use of Private Driveway. The Owner of said Lot 6, Block 1,
<br /> Crystal Creek, shall not obstruct or interfere with the rights and privileges of the Owner of said Lot
<br /> 7, Block 1, Crystal Creek in its use and enjoyment of the Private Driveway. The Owner of said Lot
<br /> 7, Block 1, Crystal Creek shall not permit any person to park on the Private Driveway.
<br /> BUSSED 509186.9 6
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