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the \iolatinc Owner. .Any such assessment shall become due and payable upon the demand
<br />of any of said remaining Owners. .All of the remaininu Owners, or any of t’nem. shall have the
<br />richi and power to enforce this Declaration and to collect the cost of any maintenance
<br />required as a result of an Owners violation, in a leual proceedinu for that purpose. The
<br />prevailing pany in any such legal proceedings shall funhei be entitled to recover such
<br />rcasoiiiible attorney’s fees as the court may allow, together with all iicces.sarN- costs and
<br />disbursements incurred in connection therewith. Nothing contained in this Section is intended
<br />to alleviate any obligation of an Owner to pay assessments to the City, lit the event any
<br />assessments are le\»ied by the City as a result of violations of an individuai Owttcr 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 />ARTICLE IV
<br />PRIVATE DRIVEWAY EASEMENT
<br />Section 4.1 Prix'ate Driveway Easement. Declarant hereby declares and creates a'fifteen
<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 />the benefit of the Owner of Lot 7, Block 1, Cry'stal Creek, according to the recorded plat thereof,
<br />Hennepin Count)’, Minnesota, and for the invitees of said Owner, and other public serv'ice providers,
<br />such as police, fire, and ambulance services. This temporar)* 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 legal and physical 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. Unon the termination of the temporar)' driveway easement, the
<br />Association shall be responsible for Lie removal of the temporar)' driveway and the restoration of the
<br />property lying thereunder, and the pa)TTient of all costs associated with such removal and restoration,
<br />which such costs shall be assessed to the Owners.
<br />Section 4.3 Prohibitions of Use of Private Driveway. The Owner of said Lot 6, Block 1,
<br />Cry'Stal 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, Cry'Stal Creek shall not permit any person to park on the Private Driveway.
<br />BUSSED S091M.9
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