HomeMy WebLinkAboutDeclaration of Covenants Etc. - Doc. No. 1273793\l
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1273193
... DE:CU.RATION OF COVENANTS
CONDITl~NS, RESTRICTIONS 1 AND EASEMENTS
THIS DECLARAUON, made th.is --1:/!:.. day of 4-,;,, , 1978,
by the undersigned parties representing a• th& owners in fee,
the contract purchasers, and the enewllbran~ ·s, of the land
hereinafter desc:ribed lying in Hennepin Count.y, Minnesota;
W I T N E S S E T B:
WHEREAS, John M. Hartwell, individually, is the tee owner
of the real property legally described as follows:
Lots l through 24, Block l, The ParJII at Long Lake, according
to the recorded pl11t thereof.
(herein •said land") J
WHEREAS, John M. Hartwel.l is married to Lucy B. Hartwell~
WHEREAS, the First National Bank of Minneapolis, a national
banking association, is the holder of a first mortgage of record
on said land under a mortgage dated August 25, 1977 and recorded
August 31, 1977 as Docmuent No. 123~285;
WHEREAS, The Far.-o at Long Lake, a Minnesota general partnership,
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. · John M. Hartwell and Timothy Adams, sole gene:i:al partners, is the
purchaser of ea.id land under a cont.ract for deed dated August 25, 19771
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WHEREAS, the abovs described parties hereto desire to impose
upon and subject saic land to certain conditions, restrictions,
reservations and covenants for the benefit of said land and its
present and future ownars,
NOW, 'THEREFORE, the ])arti.es ~ereto hereby declare, bapose
upon and make all of said land subject to the following condi~iona,
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restrictions, reservations, ~asements and covenants, which shall £ r ~
operat:e a.,. restrictions passing "f'ith the conveyance of each and ··· .J •. •
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~•,ery lot so described he:!'ein, and shall apply 'to and bind each . _ .. · ,:, "
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and svery succ~ssor in intere~t to the pdrties hereto, to-wit:
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ARTICLE I
Land Use and Building Type
No lot shall be used except for residonti~l ~urpo,es. No
building~ ~hall be erect~d, altered, placed or permitted to remain
on any lot except a single dWelli~g h0\198 de!ligl'lad for th,, aeco11111:>-
dation of une family only, t09ether wil:h a garag ■ de ■igned to
accommodate a minimllltl of two (2) automo~ile■, the exterior of
which shall be constructed of the same material uaad, or to
be used, oe the exterior of the dwellin9 house. 'l'ha 9ro1Jnd floor
of the main structure, e:xr.,lusive of open porches and garages,
shal.l be not less than One Tho\1sand Five Hundred square feet
(1,500 sq. ft.) for a one story dwelling, nor less than One
Thousardsquare feet (l,000 sq. ft.) for a owelling of more than
one story. Provided, nevertheless. that the mini111c1m1 square footage
required on Lots 16 and 24 shall be aa aetermined by the design
committee under Articl.e v:n herein, and as permitted un_der munici.pal
ordinances. No .. llbdivision of the l~t• shal.l be permitted until.
such time 3.s municipa l s-,iitary sewer service is available to such
lot. Provided, nevertheless, that the owner of lot 19 on said land
may maintain, occupy, use and replace the existing farm house and
barn on said lot in addition to constructing a new house thereon.
and may continue to use said lot and the existing fa1:111 bu!ldin911
thereon for agricultural purposes, tc the exten~ the s ame is
pe rir·ttted U."lcler mur.ici pal ort"inances.
ARTICLE :CI
Easements and Set~acks
section 1 . Util~ and Drainage Basements. Easements for
ins tallation and maintenance of utilities and draina~e facilities
are reserved as st.own on the recorde d plat al.ong e a ch lot side
And Te ar lot line unless vacated by action of the municipal authority.
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Within these easeRents, no structure, fence, planting or other
material shall be placed ~r permitted to remain which may damage
or interfere with the installation and maintenance of utilities,
or which may change the direction ~f flow of water through drainage
channels in the eusements. The easement area ~f each lot and all
imp.rovmrients in it shall be maintained continuously by t:he owner
of the lot except for those improvemer.-;s for which a public autho:.·ity
or ~tility company is responsible.
Section 2. Pedestric:n Easements. Basements are rese:c-ved
for pedestrians, skiing and horseback riding, but (except as is
required for maintenance purposes and except as hereinafter described),
not motor vehie.\es, as are legally described below:
A, Outlot .B ( "North Fa.1"111 Road•) ;
B, Outlot C (•west Farm Road");
C. 10 foot-lfide ea.sement from 1110:i:th Fa:i:m Road towards
the pasture . easement: .
That part ,g;f Lots 2 and 3, Blo:::k l, TSE P'ARM AT LONG LAD,
described as the southerly S !eet of said Lot 2, and the
northerly S feet and westerly 10 feat of said Lot 3 •
D. 10 f'oot-.,i.de easamAnt from North Parm Road towards
Long Lake: ·
That part of Lots 7 and 8, Block 1, TBB FARM AT LONG LAKE,
described as the northerly 5 f-t and the easterly 10 fee1:
of said Lot 7, and the southerly 5 feet of said Lot B,
· describing a 10 feet wide strip of land which extends fr0111
the southeast end of O\.ttlot B, said plat, to the shore of
LOng Lake , except that part of said Lot 7 lying souther-ly
of a line perperuUC'ular to the east line thereof, 121. 2S
feet southerly of the most southerly point of Dakota Avenue
as shown on said plat.
E. l.0 foot-wide easement froa West Farm Road towuds
LOng Lake:
F,
Tl.at part of Lot 16, Block 1, THE FARM AT LOMG I.AlCE,
describe d as the south 10 feet of said Lot 16, and the
we sterly, southweste rly and southerly 10 fee t of said
Lot 16 abutting Lot 15, i::aid Bl.ock 1, describing a
10 feet wida strip of land which extends from the east
end of outlet C, said plat, to tha shore of tong Lake,
except that part of said 10 feet strip lying easterly of
a line perpendic~la r to the south line thereof, 333.63
feet easterly of the· southwest corner thereof,
20 foot-wide e asementrunn.i ng from West Farm Road to
the pQsture easement:
That part of tot& 18, 19 and 20, Block 1, THB FARM AT LONr.
LAKE, ~escrihed as the easterly 10 feet of said Lots 19 and
20 and the weste rly 10 fe~t,·and the northerly ·20 feet of
said Lot 18,
Th e above described pe de strian e a s eme nts are ~e served for the
benefit of the own ers of s aid l a nd, the ir families ·and guests.
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'l.'Wo separate d,~clarations of driveway easement grant to adjoining
lot owners easement rights for driveway, ingress, egress and utility
purposes ove:i:-(a) Outloe s ("North Farm Road") by a Declaration of
Driveway Basement dated .:"L ,,;;4 , 1978 and filed &1,o'f .;a:i;l ·-'
19·;8r..as Document No. 12737~ and (b) outlot c ("Wast Farm Road")
by a Declaration of Driveway Easement dated ..... A:r.,01-., ... L,_/..,?.__ '~ '.. ' .... , 1978 and
filed ~• 1978 as Document No. 12'73797
Section 3. Pasture Easement. An easement for pasture purposes
is hereby reserved f~r the following purposes,
A, The right to pasture horses and sheep upon the
pasture easement area and to maintain, repair
and/or replace existing fences and gates thereupon, and
B. The right to build and maintain n-, te~porary fences
and gates on the pasture easement area at the high
water mark at s11ch til!le or tillleS as a portion of the
area within the existing fence is under water.
The pasture .easement is legally described helow,
That part of Lots 3, 4, ~. 6, 7, 16, 17 and 18, Block l, 'l'B'.E FARM AT
LOlll'G LllllE, described 11.s beginning at ·the shore of Long Lal'.l:e and on
the most easterly line of said Lot 7; thence north along said line of
Lot 7 to a point lZl. 25 feet south of the ro10st southerly point of
Dakota Avenue as shown on said plat, thenc;.e north 68° 33' 09" west,
24 9, 2 7 feet to a:n angle point on the west line of said LOt 7; thence
north 82° 46 1 17w west, 161.40 f-t; thence aouth 59° 51' 12" west,
71.02 feet; then~ north 87° 02' 07" west, 75.0l feet: thence north
19° 17' 05° west, 101.02 feeti thence north 53° 48' 20" east, 67.62
feet1 thence north 37° 12' 04" west, 92.44 feet to a point on the
west line of said Lot 6, 387.28 feet southwesterly of the most north-
erly corner thereof, thence north 35° 45' ss• weet, 229,13 feet to a
point on the west line of said Lot 5 , 295.89 feet southwesterly of
the most northerly corner thereof; thence north s2• 03' OB" west,
234.0l feet to a "EX>irit on the west line of said Lot 4, 265,46 feet
southwesterly of the 1110st northerly corner thereof, thence north so•
28' oa• vest, 341.75 feet to a point on the west line of said Lot 3,
55.00 feet southerly of the northwesterly corner thereof; thence
south 00° 04' Al" west, 44.00 feet to Bn ~ngle point on the south-
west line of said Lot 3, thence aouth 1 • 16 • 13" eaet, 14S. 00 feet;
thence south 34• 59' 34" east, 207.22 feet, to a point on the south-
east line of said Lot 18, 145.0o feet southwesterly of the IIOSt east-
erly corner thereof; thence soath 53° 54' 25~ east, 137,93 feet,
thence south s ·· 45' 58" east, 210.85 feet to a point on the south
line of said LOt 17, 248.00 feet westerly of the 11101!t easterly corner
thereof, thence south 2E 0 56' 54" east, 377 .95 feet to a point on
the southerly line of said Lot 16, 333.63 £eat easterly of tho south-
westerly corner thereof; thence south 87" 47 1 57" east along the
southerly line of said Lot 16, to the shore of Long Lake 1 thence
northeasterly along said shore to the point of beginning.
The above described pasture easement is reserved for the benefit
of tho owners cf lots 3 through 7 and l" through 19 on said land
and th~ir families, provided however (a) the use of the pasture
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easement confol'IIIS to municipal ordinances, and (b) each such owner
who use~ the pastur.e eaaement shall be thereby obligated to pay his
proportionate •h~re of the original cost of· the t i pas ure mprovements,
and t~e upkeep, repair and maintenance ther.eof, in~luding without
limitation fences and gates.
section 4 . Setbac k Reguirements . The setback re~uire~enta
for the building on each lot Lhall be as provi~~1 by the ordinances
of the City ot Orono, which restrictions 111ay be varied or 1110dified
by action of the municipality aa therein provided, In addition to
the foregoing general set.back requirements, no structun shall be
permitted in the following area,
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That part of Lota l, ~, S, 6, 7, 16, 17 and 18, Block l, TR.I! FAl!M AT LOMG
LAltf.:, deacrlbed as beginning at the shoreline of Long I.aka and on the aost
easterly line of said Lot 7: thence nort.h along ailid line of Lot 7 to the
most southerly point of Dakota Avenue~~ shown on said plat; thence north
55° 18' oo• west, 40.l.4 feet to an angle point on the east line of said
Lot 7. 402. 00 feet southe:rly of the northeasterly corne:r thereof: thence
nor~h 73• 46' 38" -•t, 219.82 feet: thence north 54• 06 1 24" west, 70,00
feet to an angle point on the weat line of said Lot 7, 300.93 feet 1outb-
erly of the J110st westerly corner thereof; thence north 54° 06' 24." west,
254.42 feet to a point on the west line of said Lot 6, 266.28 feet south-
erly of the :&10$1t ni,rtherly earner thereof: thence north 44 ° 52 • 11 • west,
214,87 feet to a point on the -•t line of said Lots, 212.89 feet south-
erly of the most northerly corner thereof; thence north 45° 49' 26" we1t,
223.76 feet to a point on the westerly line of said Lot 4, 159.46 feet
s outherly of the most northerly corner thereof, thence north 32° OS ' 46"
west, 237.96 feet to a point on the north line of said Lot 3, 182.92 feet
westerly of the moat northerly corner thereof, thence south 74° 44' 55"
west, 242.00 feet along the north line of said Lot 3 to the northwesterly
corner thereof, thence south o• 04' 41" west, 99,00 feet to an angle point
on the south..,.st line of said Lot 31 thence south 1• 16' 13" east, 145.00
feet; thence south 34• 59' 34" east, 207.22 fee~ to a point on the south-
east line of said ~ot 18, 145.00 feet -sterly of the moat easterly cor-
ner therPof; thence south 53• 54' 25" east, 137.93 feet, thence south a•
45' So" east, 21Q.85 feet to a point on the south line of said .i..ot 17,
248 .00 feet westerly of the 1110■t easterly corner thereof , t?9nce south
26° 56' 54" east, 148.BS feet: thence north 87' 47' 57• west, 222.09 feet
to an angle point on th• vest line of said I.r,t 16, 200 .00 feet north n~
the southwesterly corner thereof, thence south 2• 12' 03• west, 65.00
feet alone; said ._,est line, thence south 87° 47' 57" east, 258.34 feet:
thence south 26° 56 ' 54" east, 154.57 feet to a point on the southerly
line of said tot 1~, 333.63 feet easterly of the southwesterly corner
thereot; thence south 87° 47' 57" east along th• southerly line of said
Lot 16, to the shoreline of LOng Lake; the~ce northeasterly along said
shoreline to th..:-point of l:leginn:i.ng.
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ARTICLE III
Nuisances, Livestock 11nd Poultry
Section l. Huisances. No noxious or offensive activities
shall be carried on upon any lot, nor shall anything be done thereon
~hich may be or ma.y become an annoyance or nuia•nce ~o th• neighbor-
hood.
~!L!-~Rtoek and Poultry. Except as is otherwise
herein specifically provided for Lot 19 and the pasture easement
area, no anilllals, livestock or poultry of any kind shall be raised,
bred or kept on any lot after the same is il!lproved by the construction
of a house thereon, except that dogs, cats or other howsehold pets
may be kept provided that they are not k e pt, bred or maintained for
any commei:-cial pw:-poses.
ART:ICLE J V
Garbage an~ :Refuse Disposal
No lot shall be used or maintai ned as a dump i ng ground for
rubbish. Tr1111h, garbage or other wa s te shall not be kept except
in aanitary containe rs. All incinerators or other equipme nt for
the atorage or disposal of s uch materials shall be kept in a cle an
and s a nitary condition, and kept either -(a ) within the garage as
provided herein, or (b) in a su1table structure b •low grade.
ARTICLE V
Temporary Structures, SiJm!
Section l. Tempo~ary Sttuctures. No structure o f a texaporary
character, trail er, basement, tent, qarage, boat house, barn or
othe r outbuilding shall b e use d on a ny lot at any time as a residence
eithe r temporarily or pe1'111anentl y. There ahall be no perll\anent out s i d e
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storage of aay type of vehicles in,::luding, but not limited t.o,
camping trailers, s~owmcbiles, motorcycles, motorbikes, or boats,
or c•noes. Provided, neverthel~s~, t.~at the ownerll of lots fronting
on Long Lake may store boa~s owned by such owners on the lake
shore, to the extent permitted by municipal ordinancee.
section 2. All structures shall be completed and finished
on the exterior within nine (9) months after colllll\encement of
construction.
Section 3. ~-No signs of any kind shall be displayed
to the public view on any lot except one professional sign if not
lllOre.than one (11 square foot, one (1) sign if not more than five
(5) square feet advertising the property for sale or rent, or signs
used by a developer to advertise the property during the initial
sales pedod.
ARTICLE VI
Non-Discrimination
Axly person,·when he becOllles an owner in fee of a lot_,
a~ees that neither he nor anyone authorized to act for him
will re-fuse to sell or rent., after t.he making of a bona fide
offer, or refuse to negoti3te for the sale of or rental of,
or o':herwise make unavilabla or deny any of the property
owned by hi~ on said land to uiy person because of race, color,
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religion, sex or national origin. Any restrictive covenant affecting
the proparty covered by this Deolarat.i.or. rcalat.ing t:o rAoe, color,
religion, sex or national origin which is tnconsistent with this
Article VI is recognized as being illegal and void and is
sp$cifically disclaimed.
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ARTICf.E V:IJ:
Building Design Approval
A. No building shall be erected, placed, altered or
occupied on any of the lots comprising said land
witil. the building plans and specifications and
plat plan showing the l.ocation of such building
have been •~proved in writing as to conformity and
harmcny of external design with existinq structures
in the subdivision and as to the l.ocation of the
building w1U\ respect to topography and finished
ground elevation by a design COllllllittee compoaed of
up to tlu'ee owners of lots comprising said .i.a..'ld..
The initial melllbere of the d&~ign committee shall
be Timothy Adams , Mary Adams, and John Hartwel.l.
The ini~ial members of the _des i gn committee may
designate their replacements at any time frorn among
the then lot owners. In the event of the death or
resignation of any member of the design colllll\ittee,
the remaining member or Jllelllbers shall have full
authority to approve or disapprove such design and
location, or to designate a representative with like
authority.
:II. g-.,i,lding 11o!!!lj gn And lnr,ation x-eviE'W by the design
committee shall include, but not be lifflite d to (a)
site grsdin9 and l .. ndscaping plans, (b) location
of all buildings, (c) ,,eight and mass of buildings
in ~elation to other houses on said land and the
gencrol topography of said land, Id) septic system
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specifications, (e) driveway access and (f) exterior
finish matP.rials. The plans and specifications to be
submitted to the design committee herellnder shall include,
but not be linu.ted to: (~) site plan, shewing finished
grades, (b) building elevations, (c) floor plans, (d?
se~tic system specifications, (e) landscape and roadway
access plans, (f) a schedule of exterio:i: rma,te:1:ials and
finishes. In the event the design committee or ita desig-
nated representative fails to approve or dis~ppr ove such
design and location within 10 business days after said
plans and specifications have been submitted to it, or in
any event :If no suit to enjoin the ereat:ion of such bui.lding
or t:he 111aking of such alterations has been co:rnmenced prior
to the comple~ion thereof, such approval will tiot be
required and this covenant shi:ll l>e deemed to have been
fully complied with.
c. The powers of the design committe e shall cease on and after
ten (10) years frOl:'I the date hereof unless prior to said
date and effective thereon a written instrwnent shall be .
exe cuted by the then record owner of a majority of the lots
in this subdivision and duly r.ecorded appointing a r e pre-
sentative or representatives who shall thereafter exercise
the same powers previously exen:ised by the design committ ed.
'ARTICLE VI:IJ:
General Provisions
Section la• Du:i:ation. The conditions, restrictions, reserva-
tions, easements and covenants of this Declaration sh~ll run with
and bind the land and sha ll inure to the benefit of and be enforceable
by ~he owner of any lot subject to this DeclarBtion, their respective
legal representilti ve::r, heirs, success ore and assigns, for a term of
twenty (20) yoArs from the dai,c this D,eclaration is recorded, after
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which tima said coveuantR, re11tr1.ct!ons A.nd easements shall be
automatically rc;1"lwe,d for s·.ieceasive periods of ten (10) years each unlee:s
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o~ instrument signed by the owners cf at least two-thirds of the lots
covered by this Declaration hae been recorded, agreeing to change these
c~ndlt~ons, restrictionY, reoervutions, easements and covenants,
in whale or 111 p11rt.
Section 2. Enforcement. Enforcement of these conditions,
restrictions, reservations, easements and covenants tahall be by
any proceeding at law or in equity agai~st any person or parsons
violating or attempting to violate any covenant or restriction
either to restrain violation or to recover damages and failure
by any owner to enforce any of the same shall in no event be
deemed a waiver of the right to do so thereafter.
Section 3. Severability. Invalidation of any of the
provisions herein by judgment or court order shall not affect
any of the other provisions which shall remain in full force and
effect, until the date of e:icpiration hereunder.
:m WI'l'NSSS WHEUOF, the parties hereto have aaused this
Declaration to be executed as
written.
'l'HB FABM AT LONG LAKE, a Minnesota.
General Partnership
By ~
Partner
By
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STATE OP MINWESO'l'A)
) ss.
COUNTY OF m:~BPIN)
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On this ~~~day of ~•;/, , 1978, before me, a Notary
Public within7uiofor saidunty ana 3tatg, personally appeaie~
JOHN M. HARTWELL, and being by me duly sworn did say that he
is the person described in and who executed the foregoing
instr,~rneni;.,.~P..4. tl)p.~_pe executed the same as his own free act
and deed. ~-■OT=:~:i,~ _;~~~~~•0:~-• ~ . _
1.~ ., _:~=~!'!;.•:,':';,, ,_ 'otief~ffc" I .;( -Y-«/4-1 4f'
sTATE or Af~~r"· ....... v."".··-·
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COUNTY OF HENNEPIN)
On this ..2,/2; day of ~ , 1978, before me, a Notary
Public within an for eaid cimefand state, personally appeared
LUCY B. HARTWELL, and being by me duly sworn did say that she
is the person described in and who e~ecuted the foregoing
instr\lJllent, and that she executed the same as her own free act
and deed. 18",,..:'.''':~;:S~~~:::~:~• . . . L of. ~
NhHEfllN C.OUNT'"I' -~~ ◄ JL _ -----!. f4&'
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STATE OF MINNESOTA)
l 11s.
COUNTY OF HD!NEP:IN)
On this ,aJZ:, day of ~ , 1978, before me, a Notary
Public ,-1 thin an for said unty and state, personally appeared
Ti.1110thy Adams and John M.. Hartwell, to me personally known, who,
b3ing each by me duly sworn, did say that they are sole general
partners of THE FARM AT LONG LAI<E, a Minnesota General Partnership;
and that said instrument was executed on behalf of said partnership:
and said Timothy Adams and John M. Hartwell acknowledged said
in~trum~~ and deed of said partnership.
NGTAR! l'IIIUt • H,O#C30TA Z(k~~iL / ,;(, //Jd'-#!dd-Jd
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"·"""'"'lff COUNn Nota.ry C:
STATE OP.~ "
I ss.
COUNTY OF hENNEPINJ
On thh "21 day of APAIA-, 1978, before me, a Notary
P~ic withinimCfor said county and state, personally appeared
...J:.l!:.Vb "'S , ~ and gAtltO (? ~•:u.u ,
to ma personaliynown, who,. be.inc; eac:,~ -~~ •••, did say
thilt th~M~~~-.. s 1.:t..Lvtai1:,Y l..r11:t ~--J'~--and ~ ' ll• ~tr«-o 1' NA IO NK r' INN'EAPOLIS,
anato~ a rigs ciation; that the_ seal affixed to said instrument
i~ the corpora~e seal of said association, and that said instrument
was Gxecute~ on behalf~~ :aid association by authority of its Board
of Directors) and said ~4 ~. ~ a:1d !Jl'III.IP fl. ~.b~ ~ aen&:r!edged sud Instrume nt
t 5 oe thefree act andoeaofim association •. / _ ~
~~j:'"-•·.;;:~·~-Wl~T-.m•1' No~~ p~
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T!U~··t·~~TRiiME~!T Nl\S D~ · lW BY:
Leo11ard. Street and Pe1riard-SRP
1200 Ni't!.onaJ City B1mit Bldq,
Minni;,.;ipolill, Mir.roeaota 5 5 402
-11-
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