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09-22-1997 Council Packet
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09-22-1997 Council Packet
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Declaration, the City may undertake to maintain, repair and replace the pnvke roadw-ay <br />provided for herein and such actions by the City will not result in the pnvate <br />roadway ’s becoming a public roadway. In that event, each of the Owners will pay to the <br />City that portion of the cost incurred by the City which portion is equal to such Owner's <br />ipecuve Cost Share within thirty (30) days of the receipt of such charges or else such <br />charges shall become a lien upon the Benefitted Parcel whose Owner did not pay its <br />respective portion at the Cost Share pro\ided for in paragraph 6 hereof. <br />16. Term. The covenants created by this Declaration shall continue for a term <br />9 <br />►f thirty (30) years from the date hereof; shall be automatically renewed for successive <br />terms of thirty (30) years; and in any event shall continue in full force and effea for so <br />long as the easement created and declared hereby shall continue. <br />17. Warrantie-s of Title. Declarants represent and warrant that they are the <br />Owners of their respective Benefitted Lots (and the Trustees represent that they are the <br />ONvners of the Easement Parcel), and have full right, tide and authority to enter into this <br />Declaradon. Any mortgage lender, or other party of interest of the Benefitted Lots or <br />the Easement Parcel, if any, shall consent to this Declaradon, which consent shall be <br />attached and made a part of this Declaration. <br />18. Mkrellaneous . <br />(a) Notices. Any notices and other commuiucadons permitted or <br />required by the provisions of this Declaradon shall be in wridng and shaU be <br />j <br />i
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