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<br />
<br />218545v54
<br />conditions and restrictions for establishment of a private roadway within the Lots
<br />and the Road.
<br />
<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 />
<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 />
<br />2. Road Easement.
<br />
<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 />
<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.
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