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DECLARATION OF EASEMENT
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<br /> THIS DECLARATION made as of this�day of�; 2008, by E.Joseph LaFave,
<br /> Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000
<br /> and Trustee under Article 4 of the William L.Waldron,jr.Qualified Personal Residence Trust
<br /> under Agreement dated March 15, 2000;Lucinda W. Chorley and Michael Chorley,wife and
<br /> husband;Stacey W. Eastman and Patrick Eastman, wife and husband;and Wendy W.Burton, a
<br /> single person ("Declarants").
<br /> WHEREAS, Declarants are the fee owners of certain real property legally described as
<br /> Lots 1 and 2, Block 1, Waldron Woods (the "Property"); and
<br /> WHEREAS, the prior owner of the Property previously created a Driveway Easement at
<br /> the request of the City of Orono, as part of an earlier subdivision of the Property, which
<br /> easement, dated November 14, 1977, was recorded on December 9, 1977 as Document No.
<br /> 4340542 (the "Prior Easement"), a copy of which is attached hereto as Exhibit A; and
<br /> WHEREAS, pursuant to approval of the plat of Waldron Woods, the City of Orono has
<br /> recommended that the Declarants create a driveway easement(the "Driveway Easement") over
<br /> Lot 2, for the benefit of Lot 1, to allow the occupants of Lot 1 access to Fox Street, in the location
<br /> of the existing driveway located on Lot 2; and
<br /> WHEREAS, the purpose of this Declaration is to: (i) terminate the Prior Easement; and
<br /> (ii) create the Driveway Easement;
<br /> NOW THEREFORE, Declarants hereby declare that Lot 2, Block 1, Waldron Woods
<br /> ("Lot 2") shall be held, sold, conveyed, occupied and used subject to the following Driveway
<br /> Easement, which shall run with the real property and inure to the benefit of the owners of Lot 1,
<br /> Block 1, Waldron Woods ("Lot 1"), and be binding on all parties having any right, title or
<br /> interest in Lot 2 or any part thereof, their heirs, successors, personal representatives and assigns.
<br /> 1. Grant of Driveway Easement. Declarants hereby create a perpetual, non-
<br /> exclusive Driveway Easement 20 feet in width over and across that part of Lot 2legally
<br /> described on the attached Exhibit B, for the purpose of providing access from Lot 1 to Fox Street
<br /> in the City of Orono, Minnesota. The owners of Lot 2 shall be responsible for all driveway
<br /> construction, maintenance, upkeep and snow removal for the Driveway Easement, and shall
<br /> perform such services in a commercially reasonable and timely�manner. The owners of Lot 1
<br /> and Lot 2 shall each be responsible for 50%, of the cost of the construction, maintenance, upkeep
<br /> and snow removal costs of the driveway.
<br /> 2. Benefits and Burdens. The Driveway Easement is a permanent easement and
<br /> covenant appurtenant, running with the land, and such easement herein contained shall at all
<br /> times inure to the benefit of the owners of Lot 1 and be binding upon the respective owners of
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