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Item#09-CC Agenda-08/08/2016' � <br /> PhilJips Wood/and Terrace-PhiUips Drive Ownership Consent <br /> (Page 4 of 10J <br /> Alan C. Crain and Linda J. Crain Lot 7, Block 1, <br /> Phillips Woodland Terrace, <br /> Hennepin County <br /> Jil L. Lundell Family Trust, dated May 14,2008, Lot 8, Block 1, <br /> Steven P. Lundell,Trustee Phillips Woodland Terrace, <br /> Hennepin County <br /> Bruce A. Machmeier and Linda S. Machmeier Lot 9, Block 1, <br /> Phillips Woodland Terrace, <br /> Hennepin County; <br /> and <br /> WHEREAS,the Owners are also the owners as tenants in common of Outlots B and C, <br /> Phillips Woodland Terrace, Hennepin County,which Outlots constitute the Private Road(as <br /> more fully described and defined below),with an undivided 1/7 interest in the Private Road <br /> allocated to each of the seven Residence Lots(and with each of said undivided 1/7 interests <br /> sometimes hereinafter referred to as a"Road Interest"); and <br /> WHEREAS,the Original Declaration requires that any amendment to such Original <br /> Declaration be approved by Owners of at least five(5) of the Residence Lots and the cities of <br /> Medina and Orono, which approvals of the Owners are evidenced by their signatures to this <br /> Amended Declaration and which approvals by the cities of Medina and Orono are attached <br /> hereto as Exhibit A; <br /> NOW,THEREFORE,the Owners hereby declare that the Properties and the Road <br /> Interests shall be held, sold, and conveyed subject to the following easements, covenants, <br /> conditions, agreements and restrictions which are for the purpose of providing ingress to and <br /> egress from the Residence Lots to public streets over the Private Road, and which shall run with <br /> the land and be binding on all parties having any right,title or interest in the land so described, or <br /> any part thereof,their heirs, successors and assigns, and which shall inure to the benefit of each <br /> Owner thereof. <br /> ARTICLE I--DEFINITIONS <br /> 1. Owner. One or more persons or entities, holding a fee simple interest in a Residence Lot, <br /> or holding the vendee's interest in a contract for deed on a Residence Lot,which interest has <br /> been recorded in the office of the County Recorder, Hennepin County. <br /> 2. Private Road. The right-of-way serving the Residence Lots for the purpose of ingress <br /> and egress and which is legally described as Outlots B and C, Phillips Woodland Terrace, <br /> including the grade,base, surface, ditches,culverts, and other elements and appurtenances which <br /> create a driving surface upon the Private Road,which is suitable for pedestrian and vehicular <br /> traffic. <br /> 2 <br />