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EXHIBIT _ 61i3 ):399 � COMMON INTEREST CO's MUNiTY NO. 827 (A Planned Community) CRYSTAL CREEK (DECLMILvrION) i� TUTS DECLARATION OF PROTECTIVE COVENANTS, 1:ESTRiCTIONS AND EASEMENTS ("Declaration"), is made and executed this 15" day of April, 1997, by Kingsbridge Properties, Inc., a Minnesota corporation ("Declarant") pursuant to the Minnesota Common Interest Ownership Act, Nlinnesota Statutes Chapter 515B for the purposes of creating the planned community of Cn•sta. Creek.. \VITNESSET11: WHEREAS, Declarant is the owner of the real property ("Property") described in Section l.1.21 of this Declaration; and NVYIEREAS. Declarant desires to provide for the preservation and enhancement of the natural and built values and amenities and opportunities within the Property, in order to contribute to the personal and general health, safety and welfare of the property owners and residents therein and in the community and to provide for the maintenance of the private open spaces, and to this end, desires to subject the real property described in Section 1.1.21 hereof to the covenants, conditions, standards, restrictions, reservations, easements, charges, assessments and liens set forth in this Declaration, each and all of which is and are for the benefit of the property and each owner thereof; and NVIUMEAS, Declarant has deemed it desirable for the efficient preservation of the values and amenities in the community to create an agency to which should be delegated and assigned the power of maintaining open spaces, administering and enforcing the covenants and restrictions contained in the Declaration and collecting and disbursing the assessments and charges created b} this Declaration; . and WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, Minnesota Statues Chaoter 317A, as a nonprofit corporation, Crystal Creek Homeowners Association, Inc. for the purpose of exercising these functions; NO«',TREREFORE, Declarant declares that the real property described in Section 1.1.21 hereof is; and shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, easements, charges and liens(sometimes referred to as "covenants and restrictions"), ,vhich covenants and restrictions shall run with the real property and be binding on all parties having; any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof: ARTICLE I DEFINITIONS Section 1.1 Definitions. The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: 13USSED 509186.9 1