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1480 Bracketts Point Road - PID: 11-117-23-33-0005
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Private road document
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Last modified
8/22/2023 3:30:25 PM
Creation date
11/3/2015 1:03:23 PM
Metadata
Fields
Template:
x Address Old
House Number
1480
Street Name
Bracketts Point
Street Type
Road
Address
1480 Bracketts Point Road
Document Type
Land Use
PIN
1111723330005
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15. Delegation of Authority. The Owners, from time to time, may delegate to one or <br /> more of the Owners the power to arrange for the maintenance, repair and replacement of the <br /> Private Road and the other improvements on the Common Area and to collect and properly <br /> disburse Lot Assessments paid by the Owners. <br /> 16. Duration. The covenants, conditions, restrictions and easements in this <br /> Declaration shall run with and bind the Property and shall inure to the benefit of and be <br /> enforceable by and against the Owner of each Lot, and their respective legal representatives, <br /> heirs, successors and assigns. The easements created pursuant to this Declaration shall be <br /> perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any <br /> other governmental or quasi-governmental entity, shall be perpetual unless and until waived in <br /> writing by that entity. All other covenants, conditions,restrictions and reservations created by <br /> this Declaration shall continue for a term of thirty (30) years from the date of this Declaration, <br /> after which time the same shall expire except to the extent preserved in a duly recorded <br /> instrument, signed by all of the Owners, agreeing to extend the duration of all or any part of this <br /> Declaration. <br /> 17. Enforcement. Each Owner shall have the right to enforce, by any proceeding at <br /> law or in equity, all easements, covenants, conditions, restrictions and charges now ar hereafter <br /> imposed by the provisions of this Declaration, including the collection of any Owner's pro rata <br /> share of Common Expense. The City, the County, and any other governmental or quasi- <br /> governmental entity, shall have the right to enforce by any proceeding at law or in equity all <br /> easements, covenants, conditions and restrictions created by this Declaration expressly for the <br /> benefit of such entity. In view of the purposes of this Declaration and the unique characteristics <br /> of the Property, it is acknowledged that money damages to any Owner or any other entity in the <br /> event of a violation of any of the terms hereof would be an inadequate remedy, due to the <br /> ineparable and immeasurable harm done thereby. Accordingly, each Owner and any other entity <br /> shall have the right, in addition to any other remedies available at law or in equity, to apply for <br /> and receive from any court of competent jurisdiction in the State of Miru�esota, equitable relief <br /> by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and <br /> enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce <br /> performance of the terms of this Declaration. The prevailing party shall be entitled to recover <br /> from the non-prevailing party reimbursement for all costs and expenses of litigation, including <br /> reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness <br /> fees, and any other costs incurred in securing such relief. <br /> 18. Severability. Invalidation of any provision hereof by judgment or court order <br /> shall not affect any of the other provisions, which shall remain in full force and effect. <br /> 19. Amendment. This Declaration may be amended only by an instrument signed by <br /> all of the Owners and any other governmental or quasi-governmental entity required under <br /> Section 16 above. <br /> �ooss3��s 6 <br />
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