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ihe xiolntinu Owner. Ar.y such assessment shall become due and payable upon the demand
<br />01 any of said remaininu Owners. All of the remaining Owners, or any of them, shall have the
<br />riel:; and power to enforce this Declaration and to collect the cost o!' any maintenance
<br />required as a result of an Owners violation, in a legal proceedittg for titai purpose The
<br />prevailing party itt any such legal proceedings shall ftinher be entitled to recover such
<br />rcasoitable attorney’s fees as the conn may allow, together with all necessar>- 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 In the event any
<br />assessments are levied by the City as a result of violations of an individual Owner or Owners,
<br />then such non-violating Owners may collect such sums paid lO the City from any violating
<br />Owner, in accordance with this Section.
<br />ARTICLE IV
<br />PRIVATE DRIVEWAY EASEMENT
<br />Section 4.1 Private Driveway Easement. Declarant hereby declares and creates a'ftfteen
<br />foot (IS*) temporary, exclusive and appunenant driveway easement for velticular travel, over, under
<br />and across that pan 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 />tlxe benefit of the Owner of Lot 7, Block 1, Crystal Creek, according to the recorded plat thereof,
<br />Hennepin County, Minnesota, and for the inx itees of said Owner, and other public service providers,
<br />such as police, fire, and ambulance services. This temporary' drivew'ay easement shall terminate
<br />without action by any party, if, and when, the Private Roadway over Outlot .A is e.xtended into the
<br />land adjoining the Property such that the Owner of said Lot 7, Block 1, Ciysia! Creek is provided
<br />w'ith legal and physi..al 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 w'ith the maintenance, repair and replacement of the Private
<br />Driveway, and shall assess all such costs among the Owmers of the Lots equally as a Common
<br />Expense Assessment. Maintenance shall include construction, reconstniction, resurfacing, snow
<br />removal, sanding and salting. Upon the termination of the temporary driveway easement, the
<br />Association shall be responsible for the removal of the temporary driveway and the restoration of the
<br />property Ivdng thereunder, and the pajanent of all costs associated w'ith’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 I,
<br />Crj’stal Creek, shall not obstruct or interfere with the rights and privileges of the Owner of said Lot
<br />7, Block 1, Cr>'staJ Creek in its use and enjoyment of the Private Driveway. The Owner of said Lot
<br />7, Block 1, Crj'stal Creek shall not permit any person to park on the Private Drivewav. ’
<br />DUSSED J09I8«.9
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