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8 <br />184956v2 <br /> <br />EXHIBIT D <br />DECLARATION OF RESTRICTIVE COVENANTS <br /> <br />City of Orono, a municipal corporation and political subdivision of the State of <br />Minnesota (“Declarant”), effective on the _______ day of ___________, 2016, hereby <br />declares as follows: <br /> <br />RECITALS <br /> <br /> A. Declarant is the fee simple absolute owner of that certain real property in <br />Hennepin County, Minnesota legally described in Exhibit A hereto (the “Subject Property”). <br /> <br /> B. Declarant desires to subject the future use of the Subject Property to the <br />restrictions and limitations set forth in this Declaration. <br /> <br />DECLARATIONS <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set <br />forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of <br />which is hereby acknowledged, Declarant does hereby declare as follows: <br /> <br />1. Restrictions. All persons and entities having an interest in the Subject Property, <br />including Declarant, of any kind or nature, whether legal, equitable or otherwise, and including <br />without limitation all lessees, occupants, and secured parties, by their acceptance or assertion <br />of an interest in the Subject Property, or by their occupancy of the Subject Property, covenant <br />and agree that the ownership, use, occupancy, operation, alienation and conveyance of and <br />their interests in the Subject Property shall be subject to the following restrictions: <br /> <br />a. The Subject Property shall be preserved and used only as a natural, passive, <br />environmental park, which may include an off-leash dog park. <br /> <br />b. The Declarant shall provide improvements consistent with the use of the Subject <br />Property provided in 1(a) above, which may include a picnic area in the open <br />area of the property, hiking trails, fencing, gates, toilets, water, trash facilities, <br />utilities, and a parking lot. <br /> <br />c. No hunting shall be allowed on the Property. <br /> <br />d. No ballfields shall be allowed on the Property. <br /> <br /> 2. Binding Effect. This Declaration shall run with the Subject Property and shall be <br />servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the <br />Subject Property, and their heirs, assigns and successors-in-interest. <br /> <br /> 3. Amendment. This Declaration may be amended by written agreement of the <br />Declarant and H. William Lurton.