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combined with a <br />an accessory outlo <br />off as a separate parcel of land in such a way that it can be <br />buildable parcel of land \'lthin 2,000 feet of said parcel as <br />for the purpose of givlni; the buildable lot access to Lake Minnetonka. Sa^4 <br />ibiwatien sliall take pJaee befeee the fiwal let im 4ht mibdiMislafi hme keeii ^ <br />the »i«e «ef the sale «f the in jan thig parcaJ <br />ahall be combinedthe soBiaining-lot-on aala, ynlasg prauioiicly rnrahinad <br />^it-h another binH^aMre pieeo of rooidcntial property. <br />This parcel of property shall be subject to an open space easement, in a <br />fonn acceptable to the City, to insure that it can only be used for the placement <br />of one single family dock, and only after combination with a buildable lot as above.yjp^^J ij <br />8. During the calendar year 1980, the Owners may apply for a permit to allow <br />for the use of the property and the existing docks in front thereof as a limited <br />connercial marina, and the City shall grant a permit for 1980 for the marina which <br />cooBercial marina shall be limited as follows: <br />A. No more than a total of 55 boats may be stored on the premises or at <br />slips attached to the deck or moored in front of the property during 1980. <br />B.There ma> be no winter storage of boats on the property. <br />C. Uo structure shall be constructed, erected or placed above or upon <br />the property, including without limitation, docks, piers, signs, billboards, hard­ <br />cover or roads of any nature whatsoever, accessory buildings, or any other structure <br />or improvement which is not presently existing on the property, which is limited to <br />one storage shed and the present docks, except that portable toilets as necessary and <br />a garbage dumpster may be erected. <br />D. The present docks may be reconstructed in the same position that they <br />are presently and in such a way as to make them safe for the 1980 boating season <br />subject to plans to be first approved by the City. <br />9. During any time period in 1980, when the property is used in any way for <br />commercial marina purposes, no occupancy permits for single family residential <br />structure on any portion of the property will be granted. <br />10. As of December 31, 1980, all commercial marina activity of any nature <br />shall have ceased and all docks and piers in front of the property shall have been <br />removed, all boats and boating materials and other structures related to the com­ <br />mercial marina activities shall have been removed from the property. <br />11. In addition to any other remedy the City may have, the covenants and <br />restrictions contained herein may be enforced by injunction. <br />12. Any violation by the Owners of the restrictions and covenants herein <br />shall constitute a misdemeanor and may be punishable by up to $500 penalty and <br />90 days In jail for each day of offense and violation. <br />13. All the provisions hereof shall run with the property and shall bind <br />the heirs, successors, representatives, grantees or assigns of the Owners and <br />the Owners agree that this agreement or a short form thereof at the City*s discre^ <br />- 3 -