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off as a separate parcel of land in such a way that it can be combined with a
<br />buildable parcel of land within 2,000 feet of said parcel as an accessory outlo~
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<br />for the purpose o% giving the buildable lot access to Lake Minnetonka. Enid• �
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<br />This parcel. of property shall. be subject to an open space easement, in a
<br />form acceptable to the City, to insure that it can onlv be used for the placement
<br />of one single family dock, and only after combination with a buildable lot a•> above.,up,
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<br />8. Durinr the calendar year 1980, the Owners may apply for a permit to allow
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<br />for the use of the property and the existing docks in front thereof as a limited
<br />commercial marina, and the City shall. grant a permit for 1980 for the narina which
<br />commercial marina shall be limited as follows:
<br />A. No more than a total.. of 55 boats may be stored on the premise, or at
<br />slips attached to the dock or moored in front of the property during 1980.
<br />B. There may be no winter storaf;e of boats on the property.
<br />C. No 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 />er 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 scsch a way as to make_ them safe for the 1950 boating; season
<br />subject to plans to be first approved by the City.
<br />9. During any time period in 1950, when the property is used in any way for
<br />commercial marina purposes, no occupancy permits for single family residential
<br />structure on any pe "i.or of the property will be --ranted.
<br />10. As of December 31, 19S0, all commercial mar:.na activity of any nature
<br />shall have ceased and all docks and piers in front of the property snail_ have been
<br />removed, all boats and boating; materials and other structures related to the com-
<br />mercial maritin activities shall have been removed frcin 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 heieii,
<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 shrill. bind
<br />the heirs, successors, representatives, grantees or assi,,ns of the Owner.,; and
<br />the Curers agree that this agre('inent or n short corn, thereof at the Clty's discre-
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