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� 1 ' Item#09-CC Agenda-08/08/2016 <br /> Phillips Woodland Terrace-Phillips Drive Ownership Consent <br /> [Page 5 of 20J <br /> 3. Residence Lot. Each of the seven(7)lots within the Properties and approved by the <br /> cities of Medina and Orono, and which contains no more than one Dwelling Unit as defined in <br /> the Zoning Cod�s. <br /> 4. Properties. Lots 1,2, 5, 6, 7, 8 and 9,Block 1, all in Phillips Woodland Terrace, <br /> Hennepin County, Minnesota. <br /> ARTICLE II--PRIVATE ROAD RIGHTS <br /> 1. Use of Private Road. Each Residence Lot shall have the right to use the Private Road for <br /> pedestrian and vehicular ingress to and egress from said Residence Lot to the publicly dedicated <br /> right-of-way at the end of the Private Road (currently Hennepin County Road 6) (the "Permitted <br /> Road Use"). <br /> 2. Dele�atiqn of Use. An Owner may delegate the right to said Permitted Road Use to <br /> family members,tenants, guests and invitees. <br /> 3. Restricti,ons on Use. No Owner shall use the Private Road other than for the Permitted <br /> Road Use or otherwise as permitted by this Article II. Without limiti.ng the generality of the <br /> foregoing, no Owner shall obstruct or interfere with the right or privileges of the other Owners in <br /> the Private Road nor shall any Owner alter, construct,remove or obstruct the Private Road. Upon <br /> any violation of�his section, any Owner shall have the right to restore the Private Road to its <br /> prior condition and cause the costs thereof to be assessed against the Owner violating this <br /> section. The costs, including reasonable attorneys' fees, incurred by any Owner in protecting <br /> vested rights by an action at law or in equity against another Owner sha11 be recoverable in said <br /> action. <br /> 4. Restrictians on Transfer. The Road Interest allocated to each Residence Lot shall be <br /> appurtenant to and a part of said Residence Lot. Any transfer of any fee title interest in any <br /> Residence Lot or any contract for deed vendee's interest in any Residence Lot shall transfer with <br /> it the Road Interest appurtenant to such Residence Lot.No Residence Lot may be transferred <br /> separately from the Road Interest appurtenant to such Residence Lot, and no Road Interest <br /> appurtenant to any Residence Lot may be transferred separately from such Residence Lot. <br /> ARTICLE III--COVENANTS FOR MAINTENANCE AND REPAIR <br /> 1. Maintenance and Renair. The Owners hereby agree to maintain and repair the Private <br /> Road and acknowledge that the Cities of Medina and Orono have no obligation to construct, <br /> reconstruct,maintain and repair the said Private Road, and that the Cities of Medina and Orono <br /> do not intend to acquire or open said Private Road as a public roadway. <br /> 2. Payment of Costs. The Owners hereby assume and agree to pay an equal share, for each <br /> Residence Lot, of the costs of maintenance and repair of the Private Road and of a11 real estate <br /> taxes assessed against the Private Road. Such maintenance and repair sha11 be equal to or better <br /> than the standards set forth in the Specifications For Private Roads adopted by the City Councils <br /> of the Cities of Medina and Orono and as may be required from time to time by the ordinances of <br /> the Cities of Medina and Orono for Private Roads. <br /> 3 <br />