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<br />e <br /> <br />e <br /> <br />e <br /> <br />,. <br /> <br />DRAFT <br /> <br />5c'h~ba D <br /> <br />DECLARATION OF PIUVATE DRIVEWAY EASEMENT <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />WHEREAS, Josephine East, LLC, a Minnesota limited liability company (hereinafter <br />"the Declarant") is the fee owner of certain real estate located in the City of Arden Hills <br />(hereinafter "City"), County of Ramsey, State of Minnesota, legally described as follows (the <br />"Plat') <br /> <br />Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, Josephine <br />East, LLC, according to the plat of that name on file and of record <br />10 the office of the County Recorder, in and for Ramsey County. <br /> <br />and, <br /> <br />WHEREAS, the Declarant and the City have entered into a Development Agreement <br />which requires, in part, the Declarant to create a certain "blanket" access easement over and <br />upon certain lots in the Plat; and, <br /> <br />WHEREAS, the Declarant now desires to create a non-eJ<clusive private road easement <br />for driveway, ingress and egress purposes for vehicular and pedestrian traffic (hereinafter"the <br />Driveway Easement") over and across all of Lots 1 and 2, Block 1, Josephine East, LLC (the <br />"Easement Lots") for the mutual benefit of Lots 1 and 2, Block 2, Josephine East, LLC. <br />(hereinafter "Benefitted Lots"); and, <br /> <br />WHEREAS, in addition to any other easements, the Declarant does by this Declaration <br />for itself, its successors and assigns, hereby create a non-exclusive easement for driveway, <br />ingress and egress purposes over and across the Easement Lots for the mutual benefit of the <br />Benefitted Lots, but not for the benefit of any other lots; and hereby declares and imposes the <br />covenants and obligations herein upon the Easement Lots and the Benefitted Lots; and, <br /> <br />NOW THEREFORE, the Declarant hereby declares as follows: <br /> <br />1. Creation of Easement_ The Declarant hereby declares, creates and <br />acknowledges the existence of the Driveway Easement. The Driveway Easement is not a <br />publicly dedicated roadway, and the City has no obligation to maintain or service the Driveway <br />Easement. Moreover, the City shall have no affirmative obligation to enforce the provisions of <br />this Declaration for the benefit of any entity other than the City. <br /> <br />2. ImDrovement of the Drivewav Easement. The Owners of the Benefitted Lots <br />may choose to improve the Driveway Easement to construct a roadway to provide access to <br />the Benefitted Lots from Lexington Avenue (the "Improvements'), If so, the terms and <br />provisions set forth below shall control. <br /> <br />1 <br />