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Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota
This Declaration is made in the County of Mower, State of Minnesota, on this 21st day of April, 2003, by Lance Pogones and Snowell Pogones, husband and wife; Jon Olson and Gretchen Olson, husband and wife; Terry Hadden and Gayle Hadden, husband and wife; and Kevin L. Binkley and Heidi S. Binkley, husband and wife, (collectively hereinafter referred to as the "Declarant"), pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of creating Turtle Creek Estates, a planned community.
WHEREAS, Declarant is the owner of certain real property located in Mower County, Minnesota, legally described in Exhibit A attached hereto and Declarant desires to submit said real property and all improvements thereon (collectively the "Property") to the Act, and,
WHEREAS, Declarant desires to establish on the Property, a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of maintaining roadways and Common Elements and for the purpose of preserving the value, the quality, and the original architectural and aesthetic character of the Property, and
WHEREAS, the Property is not subject to an ordinance referred to in Section 515B.1 106 of the Act, governing conversions to common interest ownership, and is not subject to a master association as defined in the Act.
THEREFORE, Declarant makes the Declaration and submits the Property to the Act as a planned community under the name ATurtle Creek Estates@, consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, shall be owned, used occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns.
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