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. , <br /> . . <br /> through a point marked with a Judicial Monument distant 16�feet from said Southeast <br /> corner of said Lot H to point of beginning(hereinafter described as "Parcel A"); and. <br /> PARCEL ID NO. 22-117-23-24-0006 (Torrens) <br /> Lots 27, 2H, 29, 30, 31 and 32 inclusive, Pleasant View, Lake Minnetonka, Hennepin <br /> Counry, Minnesota. The Southwest corner anc�the Southeast corner of said Lot 27 and <br /> the Northwest corner of said Lot 32, are marked by Judicial Monuments, (hereinafter <br /> described as "Parcel B"); and <br /> WHEREAS, Parcel A and Parcel B are contiguous, but are in different school districts <br /> which prevents the combination of the parcels into one legally described lot or parcel, andlor for <br /> the same or other reason the Hennepin County Assessor cannot combine Parcel A and Parcel B <br /> into one parcel for tax purposes; and <br /> WHEREAS, Owner has applied for a tax parcel combination of the Properties; and <br /> WHEREAS, no building permit, variance or conditional use permit shall be issued for <br /> any purpose on any record lot composed of two or more tax parcels unless the owner of such <br /> 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 /> WHEREAS, notwithstanding the above it is the intent of the Owner 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 Owner 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, Owner hereby covenants, grants, gifts, quit claims and conveys to <br /> the City the right to restrict, and Owner hereby agrees to restrict, limit and preclude the <br /> ownership, use, improvement and development of the Properties according to and under the <br /> conditions and covenants herein contained, as follows: <br /> 1. The City and Owner 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 Owner agree that there is no distinetion in use between Parcel A and Parcel <br /> B and therefare 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 Properties inconsistent with the covenants contained herein. <br /> 4. Owner hereby grants 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 /> 1�0608v01 2 <br />