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<br />2 <br />Alan C. Crain and Linda J. Crain Lot 7, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County <br />Jil L. Lundell Family Trust, dated May 14, 2008, <br />Steven P. Lundell, Trustee <br />Lot 8, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County <br />Bruce A. Machmeier and Linda S. Machmeier Lot 9, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County; <br />and <br /> <br />WHEREAS, the Owners are also the owners as tenants in common of Outlots B and C, <br />Phillips Woodland Terrace, Hennepin County, which Outlots constitute the Private Road (as <br />more fully described and defined below), with an undivided 1/7 interest in the Private Road <br />allocated to each of the seven Residence Lots (and with each of said undivided 1/7 interests <br />sometimes hereinafter referred to as a “Road Interest”); and <br />WHEREAS, the Original Declaration requires that any amendment to such Original <br />Declaration be approved by Owners of at least five (5) of the Residence Lots and the cities of <br />Medina and Orono, which approvals of the Owners are evidenced by their signatures to this <br />Amended Declaration and which approvals by the cities of Medina and Orono are attached <br />hereto as Exhibit A; <br />NOW, THEREFORE, the Owners hereby declare that the Properties and the Road <br />Interests shall be held, sold, and conveyed subject to the following easements, covenants, <br />conditions, agreements and restrictions which are for the purpose of providing ingress to and <br />egress from the Residence Lots to public streets over the Private Road, and which shall run with <br />the land and be binding on all parties having any right, title or interest in the land so described, or <br />any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of each <br />Owner thereof. <br />ARTICLE I--DEFINITIONS <br />1. Owner. One or more persons or entities, holding a fee simple interest in a Residence Lot, <br />or holding the vendee’s interest in a contract for deed on a Residence Lot, which interest has <br />been recorded in the office of the County Recorder, Hennepin County. <br />2. Private Road. The right-of-way serving the Residence Lots for the purpose of ingress <br />and egress and which is legally described as Outlots B and C, Phillips Woodland Terrace, <br />including the grade, base, surface, ditches, culverts, and other elements and appurtenances which <br />create a driving surface upon the Private Road, which is suitable for pedestrian and vehicular <br />traffic.