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Agenda - Council - 09/09/1996
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Agenda - Council - 09/09/1996
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/09/1996
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a) <br /> <br />"Lots" shall mean Lot 1, Lot 2, or Lot 3, Block 1, Pdver/47 Plaza Addition, <br />and Lot 1 or Lot 2, Block 1, Old School House No. 28 Addition, all being <br />within the County of Anoka, State of Minnesota. <br /> <br />b) <br /> <br />"Owner" shall initially mean the Declarants stated above; however, Owner <br />shall also mean the successors and assigns of Declarants who become <br />owners of any portion of the Property. If different portions of the Property <br />are owned by different Persons, each Person shall be an Owner and shall all <br />be liable for the performance of all covenants, obligations, and undertakings <br />herein set forth, with respect to the portion of the Property owned by it <br />during such period of ownership. <br /> <br />c) "Person" shall mean any individual, partnership, form, association, <br /> corporation, trust, or any other form of business or government entity. <br /> <br />Easements. There shall hereby exist in favor of each Owner and each'Lot for the <br />use by each Owner, its lessees, employees, agents, contractors, customers, guests <br />and invitees, in common with others entitled to use the same, a nonexelusive <br />easement for roadway, utilities and drainage purposes, and for ingress and egress <br />over and across the Westerly portion of the lots as described in Exhibit A <br />(hereinafter referenced as the "Easement"). <br /> <br />Duration of Easement. The Easement shall be permanent and perpetual and <br />shall inure to the benefit of and be binding upon all Owners and their respective <br />successors and assigns, and shall run with the land. <br /> <br />Maintenance and Repair. Except as otherwise herein provided, the Owner of <br />each of the respective Lots included in the Property shall be responsible for <br />maintaining the roadway in the Easement area of each respective Owner's Lot or <br />Lots at such Owners sole cost and expense. Said roadway shall be maintained in <br />good condition and repair at all times. The Owner of Lot 3, Block 1, River/47 <br />Plaza Addition shall, at its sole cost and expense, maintain and repair,the portion of <br />said roadway located upon Lots I, 2 and 3, Block i, River/47 Plaza Addition, <br />including, but not limited to, snow plowing, snow removal, and repair and <br />replacement as necessary for the bituminous surface and curbing ('Maintenance <br />Costs"); subject to the following: <br /> <br />Page 2 of 8 <br /> <br /> <br />
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