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05-16-05
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05-16-05
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1/12/2009 8:24:12 AM
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6/29/2005 4:10:00 PM
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<br />maintenance of the open space facilities that are deeded to it. <br /> <br />F. Property owners will be responsible for their pro-rata share of the cost of the <br /> <br />association by means of an assessment to be levied by the association which <br /> <br />meets the requirements for becoming a lien on the property in accordance <br /> <br />with Minnesota Statutes. <br /> <br />G. The association may adjust the assessment to meet changing needs and costs. <br /> <br />8. Maintenance of PondinJ! Basins <br />A. PondinJ! Basin West of Subiect ProDertv. Developer or the property <br /> <br /> <br />owner's association for the Subject Property to be created by the preceding <br /> <br /> <br />Paragraph, #7, shall be responsible for all maintenance associated with the <br /> <br /> <br />off-site storm water ponding basin located to the west of the right of way <br /> <br />easement which is immediately west of the Subject Property, regardless that <br /> <br /> <br />the ponding basin is not located within the Subject Property. (The location of <br /> <br /> <br />this ponding basin can be found in the Declaration of Drainage Easement and <br /> <br /> <br />Construction and Maintenance Agreement dated February 24, 2005 and <br /> <br /> <br />recorded as Dakota County Document No. .) This ponding basin <br /> <br />shall be maintained in accordance with the requirements of the city and shall <br /> <br />include the obligation to provide for erosion control of any open swales or <br /> <br />ditches. Further information about this ponding basin maintenance obligation <br /> <br /> <br />is found in said Declaration. This paragraph shall be deemed to supplement <br /> <br /> <br />the provisions of the Declaration and not replace them. This maintenance <br /> <br /> <br />obligation shall remain in effect until it is terminated as provided by the <br /> <br />4 <br />
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