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(k) "Storm Water Facilities": the rain gardens and other facilities, now or hereafter located within the Storm Water Facilities Area, for drainage and retention of surface water on the Property, whether constructed by Paddock or the City. (1) "Storm Water Facilities Area": the portion of Outlot A of the Piat that is subject to a utility and drainage easement wider than ten (10) feet; and the portion of Lot 2, Block I of the Plat that is subject to a utility and drainage easement east of the utility and drainage easement surrounding the circular portion of Outlot B of the Plat. 4. Private Road Easement. Paddock hereby declares and creates a perpetual, non- exclusive private road easement over Outlot B of the Plat, for the benefit of and appurtenant to each of the Lots and benefiting each current and future Owner of each of the Lots, for use by each such Owner, and the guests and invitees of such Owner, for pedestrian and vehicular ingress and egress, and underground utility purposes, between such Lot and Bracketts Point Road as dedicated pursuant to the Plat. No fence shall be installed on any Lot within ten (10) feet of the paved surface of the Private Road. The Private Road shall be continuously maintained, including snow removed, to the full width of the paved surface to permit adequate access by emergency and other vehicles. f 5. Public Access to Private Road. Paddock hereby declares and creates: a perpetual, non-exclusive easement over Outlot B of the Plat, for the benefit of the City, for public ingress, egress and access, for road, drainage and utilities purposes and uses, including the right to construct and maintain the same, including but not limited to a full and free right and authority to enter upon Outlot B of the Plat to construct, install, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road, and any and all appurtenances, including drainage control structures, incidental and related thereto; and a perpetual, non-exclusive easement over Outlot B of the Plat, for the benefit of the public, for access over and across Outlot B of the Plat. 6. Ownership of Common Area. Ownership of the Common Area shall be shared equally among the Owners from time to time of the Lots, such that the Owner of each of the Lots from time to time also shall be the owner of an undivided one-third (1/3) interest in the Common Area. Ownership of the Common Area shall not, be separated from ownership of the Lots unless and until, and except to the extent that, the Owners of the Lots unanimously agree in writing to create a non-profit corporation under Minnesota law to own all or part of the Common Area and convey their respective interests therein to such corporation. Contemporaneously with the recordation of this Declaration, Paddock shall cause to be duly recorded a deed from Paddock to the Headricks to an undivided one-third (1/3) interest in and to the Common Area. T Use of Common Area. Outlot A of the Plat shall be used by the Owners of the Lots solely for tennis court and related recreational purposes, and Storm Water Facilities. Each Owner shall be responsible for defending and paying all claims, actions, causes of action and damages arising from the use of the Common Area by that Owner and the guests and invitees of that Owner, and each Owner shall indemnify and bold the other Owners harmless from all 1008$33v5 3 '