HUDSON WOODS FIRST ADDITION DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the 11Declaration11

) is made and entered into as of this 1 o.J.A day of /iPir:~i· , 200 5 , by DynWoods LLC (Developer).

RECITALS

A. Developer owns in fee simple that certain real property legally described on the Final Plat attached as Exhibit A, all in Hudson Woods First Addition, according to the plat thereof on file and of record in the Sherburne County Recorder's Office (the "Developer Property11

).

B. It is now the intention and desire of the Declarants to protect the value and desirability of the Lots legally described above, and Declarant therefore submits the "Developer Property" to the covenants, conditions and restrictions hereafter set forth for the mutual benefit of the record owners, whether one or more persons or entities, of a fee simple interest to any Lot within the "Developer Property", including contract vendees C'Owners11

).

c. The Architectural Control Committee shall enforce the provisions of this covenant. The initial members of the Architectural Control Committee shall serve, subject to the conditions below, until all of the Lots in the "Developer Property11

contain a complete residence.

The initial Architectural Control Committee shall have the following representation:

(1) Jim Brown (2) Marlon Glines (3) Representative appointed by DynWoods LLC

A majority of these representatives, with one being DynWoods LLC may · designate a representative to act on behalf of the committee. The Developer has the right to designate replacement members of the committee at any time.

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Subsequent to the completion of the last residence in the "Developer Property", the initial committee members shall resign and be replaced by members elected by the "Developer Property" owners. Said committee, containing three (3) members, shall function to enforce these covenants. The tenns of office shall be determined by the owners of the ''Developer Property" at the time of the initial election and subsequent elections.

AGREEMENTS

The Declarants do hereby subject the 11 Developer Property" to the following covenants, conditions and restrictions, hereby specifying that this Declaration shall constitute covenants mnning with the land and shall be binding on the Declarants, and their respective successors and assigns, and all subsequent Owners of all or any potiion of the "Developer Property" and improvements thereon, together with their respective grantees, successors, assigns, heirs, executors, administrators and devisees:

(1) No Lot within the ''Developer Propetiy" shall be used except for residential purposes only. No improvement or stmcture other than a single-family dwelling, together with appmienant garage, fence, swimming pool, bam or accessory like siding and roof structure, may be erected, placed or maintained on any Lot or portion thereof within the "Developer Property".

(2) Buildings located on Lots within the "Developer Property" shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as (i) rental for any period less than thirty (30) days or (ii) any rental if the occupants of the building are provided customary hotel services, such as room service for food and beverage, maid service, furnishing laundry, linen and bellboy service.

(3) No Owner or his tenants or their respective families or guests may store, locate, or park for more than four (4) consecutive hours, any tmcks in excess of 6,000 pounds gross weight, or unlicensed or inoperable vehicles, on any portion of the "Developer Property", including the public streets serving and adjacent to the "Developer Propetty11

• Motor homes, travel trailers, campers or any similar type of unit may not be stored overnight outside on any lot or public street within the development.

(4) No building, fence, kennel, or other structure and no large television satellite dish, or other antennas shall be commenced, erected or maintained upon any portion of the "Developer Property11

, nor shall any exterior addition to or change or alteration therein be made or; any grading or landscaping be commenced until the plans and specifications showing the nature, kind, shape, color, height, materials, and location of the same shall have been submitted to and approval in writing as to harmony of external

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design and location in relation to surrounding structures and topography by the Architectural Control Committee. In the event the Architectural Control Committee, or its designated representative, fails to approve or disapprove such design and location within (30) days after said plans and specifications have been submitted to it, approval will not be required and this provision will be deemed to have been fully complied with.

(5) One accessory structure is permitted. Accessory structures shall be a minimum size of 480 square feet and a maximum size of 640 square feet. The siding, color, roof pitch and roofing shall be the same as the primary structure.

(6) The main dwelling shall be completed within 12 months of commencement of construction.

(7) Siding on dwellings shall be earth tone colors of brick, stone, cedar, or stucco, or maintenance free siding. Siding materials other than those above specified may be permitted with the written approval of the Architectural Control Committee. Shingles shall reflect the style of the home. All exterior materials and colors shall be identified on home plans submitted for Architectural Control Committee approval.

(8) Exhibit B further defines Architectural controls prior to construction.

(9) All grading, construction and related activities on any portion of the "Developer Property" shall be conducted in accordance with the standards for such construction and the requirements prescribed therefor by the development plan approved by Big Lake, Minnesota, unless otherwise authorized by the Developer in writing.

(1 0) No structure of a temporary character or nature, trailer, tent or shack; may be used on any Lot and time as a residence, either temporarily or permanently.

(11) Obnoxious or offensive trade or activity shall not be canied on upon any Lot nor shall anything be done thereon which may be alllloying to the neighborhood. No poultry, livestock, or animals may be kept upon any Lot except a maximum of two (2) dogs and two (2) cats per residence. All domestic animals shall be under the control of the owners at all times. No accumulation of junk, garbage, or debris may be maintained on any Lot. No trailer houses or buses are to be pe1mitted on premises.

(12) No trash receptacles, incinerators, burners, or garbage cans shall be permitted to be placed outside of a building or structure on any Lot within the ,.Developer Property" unless made of stone or brick or unless hidden by an approved screen of suitable height.

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(13) The covenants, conditions and restrictions of this Declaration shall run with and bind the l~md comprising the 11Developer Property11 and shall inure to the benefit of and be enforceable by the Declarants, the Owners, and their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically renewed for successive periods of ten ( 1 0) years.

(14) The provisions hereof shall be deemed independent and several, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof as may be determined by a court of competent jurisdiction shall not affect the validity or enforceability of any of the other provisions hereof.

(15) The provisions hereof shall be governed in accordance with and construed under the laws of the State of Minnesota.

( 16) Developer and any Owner shall have the right to enforce, by any proceeding by law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of this Declaration.

(17) This Declaration may only be amended by a written instrument signed by Developer and all Owners of the 11Developer Property11

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(18) The Minnesota Depmiment of Natural Resources has indicated that the Blanding's Turtle species may be in the vicinity of this development and an environmental fact sheet is attached for each owner's reference.

(19) All owners will share equally in the responsibility for the maintenance and up-keep of the entrance monuments for the development. Lot 7, Block 5 and Lot 1, Block 6 are subject to a development sign easement as attached as Exhibit C of the covenants.

(20) L.ots 4~ 5 and 6 ofBlock 8 of Hudson Woods First Addition will be deeded Outlot B and will have the responsibility to maintain the landscaping within the center island.

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IN WITNESS WHEREOF) the pa1ties hereto have hereunto set their respective hands as of the day and year first above written.

STATE OF MINNESOTA ) )

COUNTY OF SHERBURNE)

The foregoing instrument was acknowledged before me this 30 -rH day of A V G,u ..S'T , 200 5, by Marlon P. Glines, Chief Manager of Dynamics Design & Land Co. LLC(Developer)

Notary Public

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Exhibit B

ARCHITECHTURAL CONTROLS

;\:: .. ; ,'".:~ : . .- :,·· :'M:)NtM:i(J1\13$QtJ.A:JiE'.F():().m:',()l.NFIN:lSifltn;;J\imti8.~\';:ca])$"¥~1:.gr·gij~)?;2}i::.·:;:;,:.i '-·~·:·~: Multi Level Rambler Two Story Modified 2 Story Garage Sq. Ft.

1300 1500 1900 1600 640

The chart above is to be used as a basis for plans and may be modified if approved by the Architectural Control Committee (A CC).

A. JiVhen possible garages faces should be designed to enhance the streetscape as much as possible.

Designs options could be as follows:

1. Turned a minimum o/22.5 degrees from the.fi"ont street. 2. Inside loads 3. Outside loads 4. Rear loads 5. Setback/rom the house fronts 6. Decorative garage doors (wood or windows)

Flexibility and exceptions may be made by the Architectural Control Committee (ACC) for lots that have physical limitations due to width, tree preservation, slopes, etc.

B. Home .fronts shall have at least 25% brick, fieldstone, or cultured stone, unless othe1wise approved by the Architectural Control Committee (ACC).

C. Front entrances may be enhanced with a combination of the following .features:

1. Decorative Pillars 2. Added windows above, or the side of entrance door. 3. Functional Front Porch 4. Engraved address # in brick or stone

D. Roof pitch shall be of at least 6112 and theji-ont.facing pitch shall be 8/12 unless otherwise approved by the ACC.

E. All retaining walls shall be either stone or decorative block and each wall shall not exceed 6' in height. Additional terraces will then be used.

F. All shingles shall of 30 year life industry standard and shall blend with the exterior of the home.

G. Any home built without Architectural approval shall be subject to full enforcement of the covenants.

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Sign Easement Descriptions "' That port of Lot I, Block 6, IWDSON WOODS FIRST ADDilfON, Sherburne County, Minnesota, lying west of a fine described as Beginning at a point on the northwesterly line of sold Lot I distant 50.00 feel, os measured along said northwesterly llne, northeasterly of the westerly corner of said Lot I; thence southerly to o point on the southwesterly line of sold Lot I distant 50.00 feet, as measured along sold southwesterly line, southeasterly of said westerly corner and \here terminollng.

That por t of Lot 7, Block 5, HUDSON WOODS FIRST ADDITION. Sherburne County, Minnesota, lying south of a line described as Beginning at o point on the southwesterly line of sold Lot 7 distant 50.00 feel, as measured along said southwesterly Une, northwesterly of the southerly corner of sold lot 7; thence easterly to o point on \he southeasterly Une of sold Lot 7 dlslon\ 50.00 feel: as measured along sold southeasterly Une, northeasterly of sold sou\.herly corner and there 1ermlnotlng.

HUDSON WOODS FIRST ADDITION BIG LAKE, MN

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Sign Easements EXHIBIT(;

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Environmental Review Fact Sheet Series

Endanget•ed, 'l'breatene(l, and Special Concern Species ofMinnesota •' ..

Blanding's Turtle (Emycloidea blandingiz)

Minnesota Status: Threatened State Rank1: S2

Federal Status: none Global Rank1: G4

HABITAT lJSE "

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Blanding's turtles need both wetland and upland habitats to complete their life cycle. The types of wetlands used include ponds, marshes, shrub swamps, bogs, and ditches and streams with slow-moving water. In Minnesota, Blanding's turtles are primarily marsh and pond ·inhabitants. Calni, shallo~ water bodies (Type 1-3 wetlands) with mud bottoms and abundant aquatic vegetation (cattails, water lilies, etc.) are preferred, and extensive marshes bordering rivers provide excellent habitat. Small temporary wetlands (those that dry up in the late summer or fall) are frequently used in spring and summer-- these fishless pools are amphibian and invertebrate breeding habitat, which provides an important food source for Blanding's turtles. Also, the warmer water of these shallower areas probably aids in the development of eggs within the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands, often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds on undeveloped land. Blanding's turtles have also been lmown to nest successfully on residential property (especially in low density housing situations), and to utilize disturbed areas such as farm fields, gardens, under power lines, and road shoulders (especially of dirt roads). Although Blanding's turtles may travel through woodlots during their seasonal movements, shady areas (including forests and lawns with shade trees) are not used for nesting. Wetlands with deeper water are needed in times of drought, and during the winter. Blanding's turtles overwinter in the muddy bottoms of deeper marshes and ponds, or other water bodies where they are protected from freezing.

LIFE HISTORY Individuals emerge from overwintering and begin basking in late March or early Ap1il on warm, sunny days. The increase in body temperature which occurs during basking is necessary for egg development within the female turtle. Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk. Nesting can occur as much as a mile from wetlands. The nest is dug by the female in an open sandy area and 6-15 eggs are laid. The female turtle returns to the marsh within 24 hours of laying eggs. After a development period of approximately two months, hatchlings leave the nest from mid-August through early-October. Nesting females and hatchlings are often at risk of being killed while crossi.ng roads between wetlands. and nesting areas. In addition to movements associated with nesting, all ages and both sexes move between wet1ands·from April through November. These movements peak in June and July and again in September and October as turtles move to an.d from overwintering sites. In late autumn (typically November), BlandingOs turtles bury themselves in the substrate (the mud at the bottom) of de~per wetlands to overwinter.

IMPACTS I THREATS I CAUSES OF DECLINE • loss of wetland habitat through drainage or flooding (converting wetlands into ponds or lakes) • loss of upland habitat through development or conversion to agriculture • human disturbance, including collection for the pet trade* and road kills during seasonal movements • increase in predator populations (skunks, racoons, etc.) which prey on nests and young

*It is illegal to possess this threatened species.

CAUTION

BLANDING'S TURTLES MAY BE ENCOUNTERED

IN THIS AREA

The unique and rare Blanding's turtle has been found in this area. Blanding's turtles are a State Threatened species and are protected under Minnesota Statute 84.095, Protection of Threatened and Endangered Species. Please be careful of turtles on roads and in construction sites. For additional information on turtles, or to report a Blanding's turtle sighting, contact the DNR Nongame Specialist nearest you: Bemidji (218-755-2976); Brainerd (218-828-2228); New Ulm (507 -359-6033 ); Rochester (507-280-5070); or St. Paul (651-297-2277).

DESCRIPTION: The Blanding's turtle is a medium to large turtle (5 to 10 inches) with a black or dark blue, dome-shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third, enabling t~e turtle to pull the front edge of the lower shell firmly against the top shell to provide additional protection when threatened. The head, legs, and tail are dark brown or blue-gray with small dots of light brown or yellow. A distinctive field mark is the bright yellow chin and neck.

Illustration by Don Luce, from Turtles in Minnesota, Natural History Leaflet No.9, June 1989, James Ford Bell Museum of Natural History