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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
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