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1. Driveway Easement: A perpetual non-exclusive easement and right of way is hereby
<br /> granted by Lansing, for themselves and their successors, and assigns, to Suddendorf, and their
<br /> successors and assigns, for purposes of constructing, repairing, maintaining, and replacing a
<br /> driveway approximately 12 feet in width, and any related retaining walls, culverts or other
<br /> improvements necessary for the maintenance and use of such driveway, and providing pedestrian
<br /> and vehicular ingress to, egress from, and access to Parcel 2 (and the improvements thereon) from
<br /> Tonkawa Road(Hennepin County Road No. 135), over and across the following legally described
<br /> portion of Parcel 1, within Hennepin County, Minnesota, to-wit:
<br /> That part of Lot 1,Block 1,RYANWOOD,according to the recorded plat thereof,which lies
<br /> southerly of the following described line: Commencing at the Southwest corner of said Lot
<br /> 1;thence on an assumed bearing of North 22 degrees 27 minutes 30 seconds West,along the
<br /> westerly line of said Lot 1,a distance of 20.00 feet to the point of beginning of the line being
<br /> described; thence on a bearing of East a distance of 50.00 feet; thence South 45 degrees
<br /> East to the South line of said Lot 1; thence Easterly along said South line a distance of 27.65
<br /> feet; thence North 78 degrees 01 minutes 27 seconds East a distance of 36.15 feet; thence
<br /> South 79 degrees 23 minutes 22 seconds East to said South line; thence easterly along said
<br /> South line, a distance of 6.33 feet; thence North 66 degrees 58 minutes East a distance of
<br /> 51.08 feet; thence South 64 degrees 24 minutes 20 seconds East a distance of 46.26 feet, to
<br /> said South line of Lot 1, and said line there ending
<br /> (the"Driveway Easement"). The Driveway Easement and right of way, and the rights and benefits
<br /> thereby conferred and granted shall attach to, encumber, and burden Parcel 1, and shall be binding
<br /> upon the owners of Parcel 1, their, successors, and assigns, and shall inure to the benefit of and be
<br /> appurtenant to Parcel 2, and shall benefit the owners of Parcel 2, and their successors, and assigns,
<br /> forever, said Driveway Easement and right of way running with the land.
<br /> 2. Construction, Maintenance, Repair, and Replacement:
<br /> (a) Driveway Construction and Maintenance. The rights conferred or granted by this
<br /> Driveway Easement shall include the rights(without limitation)to enter upon and travel across said
<br /> Driveway Easement for purposes of constructing, maintaining, repairing, and replacing the
<br /> driveway; plowing and clearing from the driveway surface snow and ice, and depositing the same
<br /> along side the driveway surface within the Driveway Easement;removing tree branches and natural
<br /> and unnatural obstructions from the driveway surface;and relocating the driveway surface within the
<br /> Driveway Easement("Driveway Construction and Maintenance"). Any Driveway Construction and
<br /> Maintenance undertaken pursuant to this Declaration shall be diligently and promptly completed in a
<br /> professional manner, using materials, skill, and labors and producing results consistent with the
<br /> character and quality of the neighborhood,so that the driveway surface may be used for the purposes
<br /> intended, and so that it has a neat and aesthetically pleasing appearance.
<br /> (b) Shared Driveway. Lansing and Suddendorf intend to share the driveway surface and
<br /> use of the driveway over and across that portion of the Driveway Easement and right of way lying
<br /> westerly of the following described"Line A":
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