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1. Ownership of the Road. Outlot D shall be conveyed by Declarant to the HOA.
<br /> In the event the City of Orono, Minnesota(the "City") determines it to be in the
<br /> public interest to utilize the Road as a public road or street,the HOA shall, after
<br /> notice in accordance with applicable provisions of City Code (as hereinafter
<br /> defined) and Minnesota law, convey its ownership interest in Outlot D to the City
<br /> for public road purposes and for no additional consideration, at which time this
<br /> Declaration shall be deemed null and void and of no further use,provided that the
<br /> City agrees, at public expense to operate, maintain and repair the Road in
<br /> accordance with the law.
<br /> 2. Road Easement.
<br /> 2.1) Private Road. Declarant hereby declares and creates a perpetual,non-
<br /> exclusive easement for private road purposes over the Road for the benefit
<br /> of the Lots and for use by the Owners and their invitees, including public
<br /> service providers such as police, fire,bus, and ambulance services.
<br /> 2.2) Public Access. Declarant hereby declares and creates: (a)a perpetual,
<br /> non-exclusive easement over the Road, for the benefit of the public, for
<br /> access over and across the Road; and(b)a perpetual, non-exclusive
<br /> easement over the Road for the benefit of the City, for(i)public ingress,
<br /> egress, and access; (ii)road, drainage and utilities purposes and uses,
<br /> including the right to construct and maintain the same, including, but not
<br /> limited to, a full and free right and authority to enter upon Outlot D to
<br /> construct, install, maintain, operate and repair a sanitary sewer interceptor,
<br /> lift station, main or line, a water main or line, gravel or paved road, and
<br /> any and all appurtenances,including drainage control structures, incidental
<br /> and related thereto; and(iii) ingress and egress over the Road for
<br /> inspection by the City of any portion of the Property, animal control, snow
<br /> removal, maintenance, repair and replacement of the Road and the storm
<br /> water drainage facilities on the Property,and exercise of any rights or
<br /> remedies granted to the City by this Declaration.
<br /> 3. Maintenance of the Road. The HOA shall pay for all costs to maintain and
<br /> repair the Road. Maintenance shall include all necessary repairs, reconstruction,
<br /> resurfacing, snow removal, sanding and salting, lighting, striping, and curbing;
<br /> (the "Maintenance") as the HOA shall determine; provided,however,that all
<br /> Maintenance shall be conducted in compliance with all applicable provisions of
<br /> the City of Orono Municipal Code(the"City Code"). All Maintenance shall be
<br /> conducted by the HOA or its contractors, at the HOA's expense,when reasonably
<br /> necessary, all as determined by the HOA or as ordered by the City Council.
<br /> 4. Prohibitions of Use of the Road.
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