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DECLARATION OF COVENANTS CONDITIONS ETRICTIONS AND
<br /> PRIVATE ROADWAY EASEMENT
<br /> THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
<br /> �RUESS
<br /> p ROADWAY EASEMENT ("Declaration") is made effective as of
<br /> 1994, by MONICA R. FISCHER, single ("Fischer") and ROBERT
<br /> and JOAN L. SUESS, husband and wife (collectively, "Suess") (Fischer and Suess
<br /> are herein sometimes collectively referred to as "Declarants").
<br /> RECITALS:
<br /> A. Suess' are fee owners of that certain real property located in Hennepin County,
<br /> Minnesota legally described on Exhibit "A" attached hereto and made a part
<br /> hereof (the "Property").
<br /> tr ct purchaser of t
<br /> B. Fischer is a con Property, pursuant to that certain Contract
<br /> 1994, filed , 1994 with
<br /> for Deed dated
<br /> the Hennepin C my Recorder as Document No.
<br /> C. Declarants desire to provide, for the benefit of Lots 1 through 7, inclusive,
<br /> Block 1, Meadow Wood Pond (the "Lots") an easement for roadway purposes
<br /> (the "Roadway") over, across,o de Por the mon oaintenance� wneaship,Pond
<br /> and
<br /> ("Outlot A"), and to furtherp
<br /> restrictions relating to the Roadway and the easement herein granted.
<br /> NOW, THEREFORE, in consideration of the foregoing, the Declarants hereby declare
<br /> that the Lots and Outlot A are and shall be held, transferred, sold, conveyed, and occupied
<br /> 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,
<br /> title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each
<br /> of whom are hereafter referred to individually as an "Owner" or collectively as "Owners"),
<br /> and shall inure to the benefit of each Owner.
<br /> 1. Roadway Easement. Declarants hereby declare and create a perpetual, non-
<br /> exclusive private road easement over Outlot A for the benefit of the Lots and use by the
<br /> Owners and their invitees and other public service providers, such as police, fire, bus and
<br /> ambulance services.
<br /> 2. Maintenance of Roadway.
<br /> 2.1) Each Owner shall pay an equal, proportionate share for any costs for
<br /> construction, maintenance or repair of the Roadway. Maintenance shall include construction,
<br /> reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping,
<br /> and curbing as the Owners shall determine necessary; provided, however, that all Maintenance
<br /> shall be conducted in compliance with all applicable provisions of the City of Orono
<br /> 357/22041104 4/1194
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