Laserfiche WebLink
record lot shall apply for a formal combination of all commonly owned property into one tax <br /> parcel,which shall be executed and filed in the chain of title of each separate parcel;and <br /> WHEUAS,notwithstanding the above it is the intent of the Owners and the City that <br /> Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same <br /> person or persons,and further that Parcel A and Parcel B are intended to be used and/or <br /> developed in common by Owners as they were in fact one parcel instead of two. <br /> NOW,THEREFORE,for and in consideration of the sum of One Dollar($1.00)and <br /> other valuable consideration,Owners hereby covenant,grant,gift,quit claim and convey to the <br /> City the right to restrict,and Owners hereby agree to restrict,limit and preclude the ownership, <br /> use,improvement and development of the Properties according to and under the conditions and <br /> covenants herein contained,as follows: <br /> I. The City and Owners agree that the Properties shall henceforth be contained in common <br /> use and ownership even if recorded as a separate lot or parcel,and that the Properties will not be <br /> conveyed;sold,leased or otherwise encumbered except together as if they were a single parcel. <br /> 2. The City and Owners agree that there is no distinction in use between Parcel A and Parcel <br /> B and therefore Parcels A and B may be used or developed for any principal use as may be <br /> permitted in the zoning district,subject to all performance standards and approvals required <br /> therefore. <br /> 3. The City shall not issue any building permits,zoning variances or conditional use permits <br /> for any structure or use on the Properiies inconsistent with the covenants contained herein. <br /> 4. Owners hereby grant to the City the right to enter upon the Properties for the purposes of <br /> inspection and enforcement of the covenants contained herein,and to cause to be lawfully <br /> removed from the Properties,without any liability,any structures,uses,substances and natural or <br /> unnatural materials inconsistent with the covenants contained herein. <br /> 5. In addition to any other remedy the City may have,the covenants and restrictions <br /> contained herein may be enforced by injunction. Owners who are in possession of the Properties <br /> shall pay to the City all costs and expenses including attorney's fees incurred by the City in <br /> enforcing the terms if this indenture. <br /> 6. The terms and conditions of this indenture may be modified,amended or extinguished <br /> and.thereafter Parcel A and Parcel B may be subdivided,sold separately or reduced in part only <br /> upon application by Owners to the City for approval of a"Subdivision"in accordance with the <br /> subdivision ordinance of the City in effect at the time of such application. <br /> 7. Owners agree that recording of this indenture shall not vest any property rights in the <br /> Properties and that any zoning of development authorities granted herein or hereinafter because <br /> of this indenture shall remain subject to future regulation,modification and/or limitation by the <br /> City or other regulatory bodies in accordance with legally applicable and enforceable zoning or <br /> other ordinances of the City. <br /> 16o875A 2 <br /> i <br /> i <br />