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<br />3 <br />3. Residence Lot. Each of the seven (7) lots within the Properties and approved by the <br />cities of Medina and Orono, and which contains no more than one Dwelling Unit as defined in <br />the Zoning Codes. <br />4. Properties. Lots 1, 2, 5, 6, 7, 8 and 9, Block 1, all in Phillips Woodland Terrace, <br />Hennepin County, Minnesota. <br />ARTICLE II--PRIVATE ROAD RIGHTS <br />1. Use of Private Road. Each Residence Lot shall have the right to use the Private Road for <br />pedestrian and vehicular ingress to and egress from said Residence Lot to the publicly dedicated <br />right-of-way at the end of the Private Road (currently Hennepin County Road 6) (the “Permitted <br />Road Use”). <br />2. Delegation of Use. An Owner may delegate the right to said Permitted Road Use to <br />family members, tenants, guests and invitees. <br />3. Restrictions on Use. No Owner shall use the Private Road other than for the Permitted <br />Road Use or otherwise as permitted by this Article II. Without limiting the generality of the <br />foregoing, no Owner shall obstruct or interfere with the right or privileges of the other Owners in <br />the Private Road nor shall any Owner alter, construct, remove or obstruct the Private Road. Upon <br />any violation of this section, any Owner shall have the right to restore the Private Road to its <br />prior condition and cause the costs thereof to be assessed against the Owner violating this <br />section. The costs, including reasonable attorneys’ fees, incurred by any Owner in protecting <br />vested rights by an action at law or in equity against another Owner shall be recoverable in said <br />action. <br />4. Restrictions on Transfer. The Road Interest allocated to each Residence Lot shall be <br />appurtenant to and a part of said Residence Lot. Any transfer of any fee title interest in any <br />Residence Lot or any contract for deed vendee’s interest in any Residence Lot shall transfer with <br />it the Road Interest appurtenant to such Residence Lot. No Residence Lot may be transferred <br />separately from the Road Interest appurtenant to such Residence Lot, and no Road Interest <br />appurtenant to any Residence Lot may be transferred separately from such Residence Lot. <br />ARTICLE III--COVENANTS FOR MAINTENANCE AND REPAIR <br />1. Maintenance and Repair. The Owners hereby agree to maintain and repair the Private <br />Road and acknowledge that the Cities of Medina and Orono have no obligation to construct, <br />reconstruct, maintain and repair the said Private Road, and that the Cities of Medina and Orono <br />do not intend to acquire or open said Private Road as a public roadway. <br />2. Payment of Costs. The Owners hereby assume and agree to pay an equal share, for each <br />Residence Lot, of the costs of maintenance and repair of the Private Road and of all real estate <br />taxes assessed against the Private Road. Such maintenance and repair shall be equal to or better <br />than the standards set forth in the Specifications For Private Roads adopted by the City Councils <br />of the Cities of Medina and Orono and as may be required from time to time by the ordinances of <br />the Cities of Medina and Orono for Private Roads.