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r , � �, • . <br /> i � <br /> • , • , . <br /> record lot shall apply for a formal combination of aU commonly owned property into one tax <br /> parcel,which shall be executed and filed in the chain of title of each separatc parcel;and <br /> WNCitEAS,notwithstanding the above it is the intent of the Owners and the City thaf <br /> Parcel A and Parcel B are and shall henceforth be continued in common owncrship by the same <br /> person or persons,and fucther that Pazce!A and ParcBl B are intended to be used and/or <br /> developed in common by Owrters ss they were in fact vne parcel instead of two. <br /> NUW,THEREFORE,for and in consideration of the sum of One Aollar($l.UO)and <br /> oiher valuable consideration,Owners hereby covenant,grant,gift,quit claim and convey to the <br /> City the right to restrict,and Owtters hereby agree to restrict,limii and prec�ude the ownership, <br /> use,improvement and development of the Properties according to and under the canditions and <br /> covenants herein contained,as fallows: <br /> 1. The City and Owners agree that the I'roperties shatl henceforth be contalned 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 pazcel. <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 rec�uired <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 cantained herein. <br /> 4. Owners hereby grant to the City the right to enter up�n the Properties for the purposes of <br /> inspection and enforcement of the covenants contained herein,and to cause to be lawfully <br /> removed fram the Properties,without any liability,any structures,uses,substances and natural or <br /> unnatural materials inconsistent with the covenants contained herein. <br /> S. In addition to any other remedy the City may have,the covenants and restrictions <br /> contained herein may be enforced by injunckion. Owners wha are in possession of the Propertias <br /> shail pay to the City all costs and expenses inctuding 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 theresfter 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 accardance with the <br /> subdivision ordinance of the City in effect at ti►e time of such application. - <br /> 7. Owners agree that recording of this indenture shali not vest any property righls in the � <br /> Properties and that any zoning of development authorities granted herein or hereinafter because ' <br /> of this indenture shall remain subject to fiiture regulation,madifecation ancUor limitation by the <br /> City or other regulatory bodies in accordance wilh legally applicabte and enforceable zoning or <br /> other ordinances of the City. � <br /> � <br /> � � <br /> 160875v1 2 � <br /> � <br /> i <br />