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<br /> � DECLA TION OF COVENANTS, CONDITIONS, RESTRICTIONS
<br /> AND PRI�'�TE ROAI�WAY EASEMENT
<br /> THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
<br /> PRIVATE ROADWAY EASEMENT ("Declaration") is made effec`tive as of this �� day of
<br /> January, 1999, by ROBERT WAADE and IRIS WAADE, husband and wife, ("Declarants").
<br /> WHEREAS Declarants are fee owners of that certain real property located in Hennepin
<br /> County, Minnesota legally described on Lots 1 and 2, Block 1, and Outlot A and Outlot B, Maxwell �
<br /> Landing, Hennepin County, Minnesota (collectively the "Property" and individually, "Lot l," "Lot
<br /> 2,""Outlot A," or "Outiot B," as the case may be).
<br /> AND
<br /> WHEREAS, Declarants desire to provide, for the benefit of Lot l, Lot 2 and the Additional
<br /> Property (as that term is defined herein) an easement for roadway purposes (the "Roadway") over,
<br /> across and upon the Outlot, and to further provide for the maintenance, ownership, and restrictions
<br /> relating to the Roadway and Stormwater Facilities (as defined herein), and the easement herein
<br /> granted.
<br /> NOW THEREFORE, in consideration of the foregoing, the Declarants hereby declare that Lot
<br /> 1 and Lot 2 and Outlot A and nutloi l� a.re and shall be "e:=,, t:ar�sfered, so1d, ccnveyed and
<br /> occupied subject to the covenants, conditions, restrictions and easements hereafter set forth, which
<br /> shall run with the Property and be binding on all parties, now or hereafter having any right, title or
<br /> interest in the Property and any part thereof, their heirs, successors and assigns (each of whom is
<br /> hereafter referred to individually as an "Owner" or collectively as "Owners"), and shall inure to the
<br /> benefit of each Owner.
<br /> 1. Roadwav Easement. Declarants hereby declare and create a perpetual, non-exclusive
<br /> private road easement over Outlot A and Outlot B for the benefit of Lot 1 and Lot 2
<br /> and use by the Owners and their invitees and other public service providers, such as
<br /> police, fire, bus and ambulance services. In addition, Declarants hereby declare that
<br /> such perpetual, non-exclusive road easement over Outlot A only shall also be for the
<br /> benefit of the owners of the property legally described on Exhibit A attached hereto
<br /> ("Additional Property") (the owners of which shall hereinafter be referred to as
<br /> "Additional Property Owners") and use by the Additional Property Owners and their
<br /> invitees and other public service providers, such as police, fire, bus and ambulance
<br />
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