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12-12-2016 Council Packet
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12-12-2016 Council Packet
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2.2j Each Owner's share of costs for Maintenance shall be due and payable on <br />the date such costs for Maigtenw= are due and payable to the person or entity <br />rendering an account therefor. Each Owner's share of such costs shall bear <br />interest at a rate of eight percent (8' %) per annum from such due date to the date <br />of 'payment. Any Owner may bring action, on behalf of the non -defaulting <br />Owners, to collect a defaulting Owner's share of such costa• which are not paid <br />when due, and shall be entitled to recover such reasonable attorney's fees as the <br />court may allow, together with all necessary costs and disbursements incurred in <br />connection therewith. <br />2.3) The per, bona aad d" awarding of conftGa fW MAWWW= " be <br />approved in writing by the Owners of sixty-six percent (,%,%) of tip Lots. <br />2.4) No Owner may exempt himself from the liability for assessments by <br />waiver of the use or enjoyment of the Roadway or by the abandonment of his <br />Lot. <br />3. of thn QN02L Each Lot shall be sold, transferred and conveyed together with <br />Lot 1 one -thud (1/3) and Lot 2 two-thirds (2/3) interest in the Oudot. If in the future Lot <br />2 further subdivides, Owner of Lot 2 will transfer one-third (1/3) interest in the Outlot to <br />the newly created lot. In the event City shall determine it to be in the public interest to <br />utilize the Roadway as a public street, each Owner shall, after notice in accordance with <br />applicable provision of Code and Minnesota law, convey its interest in the Outlot to City <br />for no.additional consideration therefor. <br />4 $roil 'bitWa of Use of Roadway. <br />4.1) No Owner shall obstruct or interfere whatever with the rights and <br />privileges of other Owners in the Roadway and except for Maintenance of the <br />Roadway, nothing shall be planted,. -altered, constructed upon or -removed from <br />the Roadway. <br />4.2) No Owner shall obstruct or interfere with the passage of any school bus <br />or emergency vehicle over or across the Roadway. <br />4.3) No -vehicles shall be barked in the Roadway for a continuous period of <br />time greater than twenty-four hours. <br />4.4) No vehicular repair or maintenance may be conducted in the Roadway <br />5. Violkon and Orta ent. <br />5.1) 'In the event the -Owners fail to conduct Maintenance, it is agreed by all <br />Owners that City, may undertake such Mahntenance and assess each Lot an equal, <br />proportionate share of the Maintenance conducted by the City. Any such <br />Maintenance conducted by the City will not result in the Roadway becoming a <br />2 <br />
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