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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
<br />AND PRIVATE ROADWAY EASEMENT
<br />THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
<br />PRIVATE ROADWAY EASEMENT ("Declaration") is made effective as of October 15,
<br />1996, by Greenfield Corporation, a Minnesota Corporation and Hilloway Corporation,
<br />Minnesota Corporations Gointly referred to as "Declarant").
<br />RECITALS:
<br />A Declarant is fee owner of that certain real property located in Hennepin County,
<br />Minnesota legally described as:
<br />Lots 1, 3, and 4, Chadwick (the "Property").
<br />B. Declarant desires to provide, for the benefit of Lots 1, 3, and 4 Chadwick, (the "Lots")
<br />an easement for roadway purposes (the "Roadway") over, across, and upon outlot A, (the
<br />Outlet' ), and to further provide for the maintenance, ownership, and restrictions relating
<br />to the Roadway and the easement herein granted.
<br />NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby declares
<br />that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and
<br />occupied subject to the covenants, conditions, restrictions, and easements hereafter set
<br />forth, which shall run with the Property and be binding on all parties, now or hereafter
<br />having any right, title, or interest in the Property and any part thereof, their heirs,
<br />successors, and assigns (each of whom are hereafter referred to individually as an Owner,
<br />or collectively as "Owners"), and shall inure to the benefit of each Owner.
<br />Roadway Easement. Declarant hereby declares and creates a perpetual, non-exclusive
<br />private road easement over the Outlot for the benefit of the Lots and use by the Owners
<br />and their invitees and other public service providers, such as police, fire, bus and
<br />ambulance services.
<br />Maintenance of Roadway.
<br />1) Each Owner shall pay an equal, proportionate share for any costs for
<br />construction, maintenance or repair of the Roadway. Maintenance shall include
<br />construction, reconstruction, resurfacing, snow removal, sanding and salting,
<br />as necessary, lighting, striping, and curbing as the Owners shall determine
<br />necessary; provided, however, that all maintenance shall be conducted in
<br />compliance with all applicable provisions of the City of Orono Municipal Code
<br />(the "Code"). Declarant shall be responsible at his/her expense, for initial
<br />construction of the Roadway, which shall in all respects conform to the
<br />requirements of the City of Orono ("City ). All future maintenance shall be
<br />conducted by the Owners or their contractors, at Owners' expense.
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