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DECLARATION OF COVENANTS, CONDITIONS, <br />RESTRICTIONS, AND EASEMENTS FOR <br />STONEYBROOK <br />THIS DECLARATION is made this day of , 2003, by Tollefson <br />Development, Inc., a Minnesota corporation (hereinafter referred to as "Declarant "). <br />WHEREAS, Declarant is the Owner of certain real property located in the County of Anoka, State of <br />Minnesota legally described on Exhibit A attached hereto (the "Property"); and <br />• <br />WHEREAS, the Property consists of one hundred three (103) detached single - family lots ( "Lots ") <br />which have been platted and developed for the construction and occupation of single family residences; and <br />WHEREAS, Declarant desires to establish certain protective covenants, conditions, restrictions and <br />easements on the Property to foster consistent quality in architectural design, preservation of values on the Lots <br />and on the Property, continuing maintenance of certain subdivision monumentation, and wetland buffer signage. <br />NOW, THEREFORE, Declarant declares that the Property shall be subject to this Declaration, the <br />terms and conditions of which shall constitute covenants to run with the Property, and that the Property and all <br />shall hereafter be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, <br />and charges set forth herein, all of which shall be binding upon and inure to the benefit of all parties having or <br />hereafter acquiring a right, title or interest in the Property, any Lot, or any part thereof, their heirs, successors <br />and assigns. <br />ARTICLE I <br />ARCtuiLCTURAL AND EXTERIOR CONTROLS <br />Section 1. Administration; Architectural Control Committee. <br />(A) There shall be an architectural control committee ("ACC ") composed of three (3) members, each <br />of whom shall be an Owner of a Lot, but the initial committee ( "Initial ACC ") shall be composed only of the <br />• <br />Declarant or Declarants designees. The ACC (and/or the Initial ACC) brill have the authority and <br />responsibilities as set forth in this Article and in Article W, Sections 1(D) and 2 and Article V. <br />(B) At such time as each and every Lot comprising the Property has been improved with a single <br />family residence, but in no event later than one hundred twenty (120) days after the date upon which Declarant <br />no longer owns any Lots, the Initial ACC shall convene a meeting of those who own fee title to the Lots <br />Page 1 of 11 <br />