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CCP 06-30-2003
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CCP 06-30-2003
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<br />shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, . <br />and the decision shall be by a majority of all the arbitrators, intending hereby to invoke <br />and apply the provisions of Minnesota Statutes Section 572.08 to 572.30. The <br />arbitration hearing shall be held within Ramsey County, Minnesota, and the initial <br />application under the statute shall be to the District Court for the Second Judicial District <br />in and for Ramsey County, Minnesota. <br /> <br />11.06 Richt to Contribution Runs With Land. The right of any Owner to <br />contribution from any other Owner under this Section shall be appurtenant to the land <br />and shall pass to such Owner's successors in title. <br /> <br />11.07 Permanent Easements. All easements described in this Declaration are <br />permanent easements appurtenant, running with the land. They shall at all times inure <br />to the benefit of and be binding on the Owner and the mortgagee, from time to time, of <br />any Unit, and their respective heirs, successors, personal representatives or assigns. <br /> <br />11.08 Unit to Unit Easements. The Owner of each Unit shall have a permanent <br />non-exclusive appurtenant right and easement over the Unit(s) with which it shares a <br />party wall for lateral support, support, and where necessary, access for maintenance <br />and upkeep of walls, fences and other improvements. In addition, in the event that any <br />Unit or any improvements to any Unit encroach upon any part of another Unit, as a <br />result of construction, reconstruction, repair, shifting, settlement or movement of any <br />part of the Property, then a permanent non-exclusive easement appurtenant to such . <br />encroaching Unit shall exist for the continuance of any such encroachment for so long <br />as the encroachment shall exist. <br /> <br />11.09 Easement for Maintenance. Repair. Replacement and Reconstruction. <br />Each Unit, and the rights of the Owners and tenants thereof, shall be subject to the <br />rights of the Association to a permanent non-exclusive, appurtenant easement on and <br />over the Units for the purposes of maintenance, repair, replacement and reconstruction <br />of the Units, and utilities serving the Units, to the extent necessary to fulfill the <br />Association's obligations under the Goveming Documents. <br /> <br />11.10 Utilities Easements. The Property shall be subject to permanent non- <br />exclusive, appurtenant easements for all utilities, water and sewer, and similar services, <br />which exist from time to time, as constructed by Declarant, referred to in the Plat, or as <br />otherwise described in this Declaration or any other duly recorded instrument. Each <br />Unit, and the rights of the Owners and tenants thereof, shall be subject to a permanent <br />non-exclusive appurtenant easement in favor of the other Units and the Association for <br />all such services, including without limitation any sewer or water lines servicing other <br />Units. Each Unit shall also be subject to a permanent, non-exclusive easement in favor <br />of the Association and all utility companies providing service to the Units for the <br />installation and maintenance of utilities, including but not limited to, metering devices. <br /> <br />11.11 Continuation and Scope of Easements. Notwithstanding anything in this . <br />Declaration to the contrary, in no event shall an Owner or tenant be denied reasonable <br /> <br />10 <br />
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