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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND <br />EASEMENTS <br />THIS DECLARATION IS EXEMPT FROM THE PROVISIONS OF THE MINNESOTA <br />COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES CHAPTER 51513, <br />PURUSANT TO MINNESOTA STATUTES 515B.1 -102(e)(2). <br />This Declaration of Covenants, Conditions, Restrictions and Easements (this <br />"Declaration") is made in the County of Hennepin, State of Minnesota, on this day of <br />, 2016 by (individually and collectively, <br />"Declarant"). <br />R arital e <br />A. Declarant is the owner of certain real property located in Hennepin County, <br />Minnesota, legally described in Exhibit A attached hereto (collectively, the "Property"); and <br />B. Declarant, desires to subdivide the Property into residential lots and <br />outlots pursuant to the plat of Kintyre Preserve (the "Plat"); and <br />C. Declarant wishes to impose upon and subject the Property to certain covenants, <br />conditions, restrictions and easements for the benefit of the Property and all present and future <br />Owners of any part thereof. <br />Agreement <br />SECTION 1NOW, THEREFORE, in consideration of <br />the facts stated above, Declarant hereby makes this Declaration and submits the Property to the <br />covenants, conditions, restrictions and easements set forth below, hereby declaring that this <br />Declaration shall constitute covenants running with the land, and declaring that the Property and <br />each portion thereof shall be owned, used, occupied and conveyed subject to the covenants, <br />conditions, restrictions, easements, charges and liens set forth below, all of which shall be <br />binding upon each Person owning or acquiring any right, title or interest therein, and their <br />respective heirs, personal representatives, successors and assigns. <br />DEFINITIONS <br />The following words when used in the Governing Documents shall have the following <br />meanings (unless the context indicates otherwise): <br />1.1 "Assessments" means and refer to all assessments levied by the Association pursuant to <br />Section 6 of this Declaration, including annual, special and limited allocation <br />assessments. <br />1.2 "Association" means the Kintyre Preserve Homeowners Association, a nonprofit <br />corporation incorporated and governed pursuant to Chapter 317A of the laws of the State <br />of Minnesota, whose members consist of all Owners as defined herein. <br />1 <br />188927v1 <br />