#1734 Special Lot Combination (6163878)

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i- 1. Grantors agree that Parcel A and Parcel B shall henceforth be contained in common use and ownership even if recorded as separate lots or parcels, and that Parcel A and Parcel B will not be used, conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. Grantors and Grantee agree that Parcel A shall be considered the primary parcel which may be used or developed for any principal use as may be permitted in the zoning district, subject to all performance standards and approvals required therefore. 3. Grantors and Grantee agree that Parcel B shall be considered accessory to Parcel A, and that Parcel B may be used or dev..eloped for accessory uses as may be permitted in the zoning district, and subject to all performance standards and approvals required therefore. 4. Grantors agree to restrict and limit the use and/or improvement of Parcel B as follows: A. Parcel B shall continue to provide sole and exclusive riparian use and access to Parcel A. B. Parcel B shall never be used for the temporary or permanent parking of vehicles. 5. Grantee shall not issue any building permit, zoning variance or conditional use permit for any structure or use on the properties inconsistent with the covenants contained herein. 6. Grantors hereby grant to Grantee the right to enter upon the above described properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from these properties without any liability any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 7. In addition to any· other remedy Grantee may have, the covenants and· restrictions contained herein may be enforced by injunction. Granters who are in possession of these properties shall pay to Grantee all costs and expenses including attorneys fees incurred by Grantee in enforcing the terms of this indenture. 8. The terms and conditions of this indenture may be modified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only upon application by Granters to Grantee for approval of a "Subdivision" in accordance with the platting code of the City in effect at the time of such application. 9. Grantors agree that recording of this indenture shall not vest any property rights in the properties and that any zoning or development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification and/or limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 2