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conditions and restrictions for establishment of a private roadway within the Lots
<br /> and the Road.
<br /> NOW, THEREFORE, in consideration of the foregoing,Declarants and Vogstroms
<br /> hereby declare that the Property shall be held,transferred, sold, conveyed, and occupied subject
<br /> to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with
<br /> the Property and be binding on all parties, now or hereafter having any right,title, or interest in
<br /> the Property and any part thereof, their heirs, successors, and assigns (each of whom are
<br /> hereafter referred to individually and collectively as "Owners"), and shall inure to the benefit of
<br /> the Owners.
<br /> 1. Ownership of the Road. Dunkleys' Lot shall be conveyed by Declarants
<br /> together with their interest in the Road, which interest shall not thereafter be
<br /> separated from or otherwise conveyed without joinder with the conveyance of
<br /> Dunkleys' Lot, except as described in the following sentence. In the event the
<br /> City of Orono, Minnesota(the "City") determines it to be in the public interest to
<br /> utilize the Road as a public road or street,the Owners shall, after notice in
<br /> accordance with applicable provisions of City Code (as hereinafter defined) and
<br /> Minnesota law, convey their undivided interests in the Road to the City for public
<br /> road purposes and for no additional consideration, at which time this Declaration
<br /> shall be deemed null and void and of no further use.
<br /> 2. Road Easement.
<br /> 2.1) Private Road. Declarants hereby declare and create 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 (the
<br /> "Private Road").
<br /> 2.2) Public Access. Declarants hereby declare and create: (a) a perpetual, non-
<br /> exclusive easement over the Private Road, for the benefit of the public, for
<br /> access over and across the Private Road; and(b) a perpetual, non-
<br /> exclusive easement over the Private Road for the benefit of the City, for(i)
<br /> public ingress, egress, and access; (ii)road, drainage and utilities purposes
<br /> and uses, including the right to construct and maintain the same, including,
<br /> but not limited to, a full and free right and authority to enter upon Outlot A
<br /> of the Plat to construct, install, maintain, operate and repair a sanitary
<br /> sewer interceptor, lift station, main or line, a water main or line,paved
<br /> road, and any and all appurtenances, including drainage control structures,
<br /> incidental and related thereto; and(iii) ingress and egress over the Private
<br /> Road for inspection by the City of any portion of the Property, animal
<br /> control, snow removal, maintenance, repair and replacement of the Private
<br /> Road and the storm water drainage facilities on the Property, and exercise
<br /> of any rights or remedies granted to the City by this Declaration.
<br /> 218545v6
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