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TIT
<br />THIS DECLARATION OF COVENAII 9 CONDI'T'IONS, RESTRICTIONS AND
<br />PRIVATE ROADWAY EASEMENT , ("Declaration") is made effective as of
<br />21 20003. b3! 1Vli el J. IZi elinlr MW Ana M. EMelinir 11mabjUd
<br />Co e.
<br />RECITALS:
<br />A. Declarant is fee: owner of that edflain real property locatgd in Rennepin County,
<br />Minnesota legally described -on Exhibit •"A" attached hereto and made a part
<br />hereof (the "Property").
<br />B. Declarant desires to provide, for the beheflt of gots 1'and 2
<br />(the -'Lots") an easement for roadway purposes (the "Roadway ") • over, across,
<br />and upon Oudot , Tamarack Tull (the "Outlot% and to further
<br />provide for the maintenance, ownership, and restrictions relating to the: Roadway
<br />and the easement herein granted.
<br />NOW, THEREFORE, in consideration of .the foregoing, the Declarant hereby declares
<br />that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and occupied
<br />subject to the covenants, conditions, .restrictions, and easennentg hereafter set forth; which shall
<br />run withthe.Property and be binding on all parties, now or hereafter havhr g any right, title, or
<br />interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom
<br />are hereafter referred to individually as an "Owner" or collectively as ,"Owners"), and, shall inure
<br />to the benefit of each Owner.
<br />1.Roadwly Easement,Declarant hereby declares and creates .a perpetual, non-
<br />exclusive private road easement over the Outiot for the benefit of the Lots and
<br />use by the Owners anti their invitees and other public service providers, such as
<br />police, fire, bus and ambulance services.
<br />2. -Ka-inknom of Roadmay,
<br />2.1) Lot 1 shall Pay, 1 /3'4 share and Lot 2 shall pay 2/3ne's share for any costs for
<br />maintenan a or repair of the Roadway. Maironance shall unolude woonsft on,
<br />t+e-graveling, snow removal, sanding and salting, as necessary, ligbfiA& as the
<br />Owners shall deternnine necessary; provided, however, that all Mainenance shall
<br />be conducted in compliance with all applicable provisions of the City of Orono
<br />Municipal Code (the "Cade''').
<br />In the future, if the Owner of Lot 2 cieim vskatess the desire and ability to iinthe r
<br />suhdivi& lot 2, Owner of lot 2 shall be solely responsible, at his/her expense, for
<br />the initial costs ofconshwdon of the Roadway, which ahall in all, respects
<br />conform to the requirements of the City of Orono {"City"). After the completion
<br />of said Roadway, at that time, each Owner shall pay an equal, proportionate share
<br />of the any costs for the maintenance of the newly completed Roadway.
<br />r,
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