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. ^� ` Lot 17, Lot 36, and that part of Lot 37 ]ying North of a line situated 25 feet South . of and drawn parallel with the North boundary of said Lot 37, all in Skarp and Lindquist's Fernhill, Lake Minnetonka, Hennepin County, Minnesota. (the "Off- lake Parcel"). AND Lot 7, "Skarp and Lindquist's Fcrnhill, Lake Minnetonka, Hennepin County, Minnesota. (the"Lake Parcel"). 6. On information and belief, the Property consists of two tax parcels that have been physically separate lots since at least 1933. 7. The Lake Parcel is on the opposite side of Elmwood Avenue and offset from the Off-lake Parcel by approximately 100 feet. 8. The Off-lake Parcel contains Plaintiffs' residence. 9. On information and belief, the Lake Parcel and the Off-lake Parcel have been commonly owned since 1969. 10. On information and belief, Plaintiffs' predecessors-in-interest used the Lake Parcel for dock and lake access purposes since 1969. 1 l. In 2001, Plaintiffs' predecessor-in-interest Kristi Roesler applied to the city for a variance in order to make the Lake Parcel buildable. 12. Defendant denied Kristi Roesler's variance application to make the Lake Parcel buildable. 13. Defendant then required Kristi Roesler to enter into a "Special Lot Combination Agreement" if she wanted to continue using the dock on the Lake Parcel as it had been used since 1969, which also contained numerous restrictions on the use of the Property (the "Restrictive Covenant"). Attached hereto as Exhibit A is a true and correct copy of the Special Lot Cornbination Agreement. 14. Defendant had been aware since at least the early 1980's that a dock had been located on the Lake Parcel. 15. The intent and purpose of the Restrictive Covenant was to continue to allow Kristi Roesler to continue using her dock on the Lake Parcel without a primary structure. 2