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09/03/2010 18:08 IFA7C EDENPRAIRIEREALTYFA%�CBBURNET.COM � Allison Van Sloo �!]03,8/041 . <br /> !�v9VS0 <br /> . . ROADWAY EASEMENT&MAINTENANCE.AG�f <br /> THIS AGREEA+�.NT made this ��� day of 1999 hy the <br /> undersigned prop�ty o�mzrs,James P. Dea�wvic and Deborah .Deanovic, husband and wif� <br /> of property Iegally descnbed as Lots 1 -4 inc�usive, Block I, Lots 1 -3, Block 2 and Outlot A, <br /> Jacobs Mill(hereinafter"Owner"). <br /> � <br /> V�V]HEREAS the undersigned owns Oudat A, Jacobs IV!'ill, Hennepiu Coumy, M'innesota <br /> (hereinafter refetred to cotlectively as "Lots," individually as a "I:ot'�, and sball upon <br /> corrveyance of each ofLots 1-4 inclusive Block I and i,ots 1 -3 incl��ve, Block 2, Jacobs M�! <br /> include t6c comr�yance of an undivided one-severnh iaterest of Outlot A to provide for commos� <br /> ownership of said Outlot, constituting a private roadwa�y►. In tl�e event the City of Orono sl�ll <br /> determine it to be in thc public iaterest to ut�ize the l�oadway as a public street, each Ovmer <br /> shali, at�er notice in accordance wit� applicable provisions of Code and Minaesota law, comey <br /> its undivided inierest in the Oudot to the City of Orono for � additional c�nsideration <br /> therefare. . <br /> VV7E�REAS the Lots are subjecx to a roadway easement by sa agreement e,ntitled 'Road <br /> and Utilities Ease�nem° of even date herewith, wivch ageemem is filed as Do�ument Number <br /> gRb (herein called "Easement Agreemem");and . <br /> WHEREAS the Owners hereby gant aAd convey a private roa�way easement for the <br /> benefit ofLots 1-4 inclusive, Block I $nd Lots 1 - 3 inclusive, Bloek 2,Jacobs I�ll over Outlots <br /> A,Jacobs Nfill. <br /> VV��REAS it is deemed to be iri the best interests of the Uwne.r, its su�ors and <br /> assigns that there be a common agreement and pravision for maimenance of said roadway <br /> easement as evidenced by said Easement Agreeanent(hereinafter refd�red to as the"Road"). <br /> NOW, THEREFORE, it is hereby agreed that the foregoing recitals ate a part of this <br /> agreemern and incorporaied herein <br /> 1. Each Owner(and each person or party who shall become aa Qwner afte�'date af . <br /> tlus Agreement) shal[aay to the�er.�n authorized to rec�ve g�ymeat as g*ovide�3 in ParagrEph � <br /> 2 below, a portion o�all maintenance and other expes�.ses including real estate taxes attn'butable <br /> to the Road (regardless of�he location of the Roud wi�ere work�is actuaily perfonned) within <br /> Sfteen (15).days of the receipi of an itemized statement for the expeases incun'ed• .1'he <br /> percentage applicabte to each Lot and to be paid by the Owner of that Lot is set forth at the end <br /> of this pa�ragraph. Without Iimiting the generality of the term "maintenanc,�," sucti term slial[ <br /> include gtading, snow removal, tree removal, sign posting, resur�acing, insurance expense, and <br /> other worlc reasonably necessary to maintain the Road. <br /> Lots I - 4, inclusive, Block 1 and Lots I - 3, inclusive, Btock 2, Jacobs Mill shafl each <br /> contribute 1/7th of the maintenance expenses as cor�tained hetein. <br /> 2. The Record Ovmer of each Lot using said road and paying a percemage of <br /> mainienance costs as provided in Paragrap�s 1 and 2 shall be entitled to one (1) vote under this <br /> Agreeme.�t. An annual budget shall be submitted by any Owner to alt Oarners on or before May <br /> l of each year, together with a notice caUing for a meeting of all Owners of the Lots on any day <br /> Page 1 of 3 <br />