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� . <br /> DECLARATION OF COVENANTS AND ROADWAY EASEMENT <br /> THIS DECLARATION OF COVENANTS AND PRIVATE ROADWAY <br /> EASEMENT ("Declaration") is made effective as ofjJur� ��, 2012, by Kevin M. Reilly and <br /> Denise D. Reilly, husband and wife ("Declarants"). � �� <br /> RECITALS: <br /> A. Declarants are fee owners of that certain real property located in Hennepin <br /> County, Minnesota legally described as Lot 2, Block l, Graham Hill Preserve 2d <br /> Addition and Outlot A (the "Property"). <br /> B. Declarants desire t� provide fi�r the benefit of�he CITY Or ORONQ an easement <br /> for roadway purposes (the "Roadway") over, across and upon Outlot A, and to <br /> further provide for the maintenance relating to the Roadway and the easeinent <br /> herein granted. <br /> NOW, THEREFORE, in consideration of the foregoing, the Declarants hereby declare <br /> that Outlot A is and shall be held, transferred, sold, conveyed and occupied subject to the <br /> covenants and easements hereafter set forth, which shall run with the Property and be binding on <br /> all parties, now or hereafter having any right, title, or interest in the Property and any part <br /> thereof; their heirs, successors, and assigns. <br /> 1. Roadwav Easement. Declarants hereby declare and create a permanent easement <br /> for public roadway purposes over, on, across, under, and through Outlot A of the <br /> Property, including the rights of the City, its contractors, agents, servants, and <br /> assigns, to enter upon the permanent easement premises at all reasonable times to <br /> construct, reconstruct, inspect, repair, and maintain said public roadway system <br /> over, across, on, under, and through the permanent easement premises, together <br /> with the right to grade, level, fill, drain, excavate and pave the permanent <br /> easement premises, and the further right to remove trees, bushes, undergrowth, <br /> and other obstructions interfering with the location, construction, and <br /> maintenance of said public roadway system. This Roadway Easement for the <br /> benefit of the City is in addition to the Drive and Roadway Easements contained <br /> in Doc. Nos. 678959 and 2764174. <br /> 2. Maintenance of Roadway. Declarants shall pay an equal, proportionate share for <br /> any costs for the maintenance or repair of the Roadway. Maintenance shall <br /> include reconstruction, snow removal, sanding or salting, as necessary. <br /> 3. Violation and Enforcement. In the event the Declarants fail to conduct <br /> maintenance, it is agreed that the City, may undertake such maintenance and <br /> assess to Declarants an equal, proportionate share of the maintenance conducted <br /> 164705v2 <br />