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2847959 <br /> r <br /> DECLARATION OF RESTRICTIONS <br /> THIS DECLARATION is made and executed as of December.19 1994,by <br /> APACHE PLAZA LTr)., a Minnesota limited partnership ("Apache"), as owner of <br /> the real property hereinafter described, for the benefit of the CITY OF ST. <br /> ANTHONY, a municipal corporation ander the laws of the State of Minnesota (the <br /> "City"). <br /> A. Apache is the fee owner of the real property krwted in the City of St. <br /> Anthony,County of Ramsey, State of Minnesota,lc,;elly described as fo!lows (the <br /> "Property"): <br /> Lots 1,2,3 and 4,Block 1,APACHE PLAZA STH AL::::T'ION,accurdi::b- <br /> to the recorded plat thereof, Ramsey County, Minnesota. <br /> B. As a condition to the City's approval of the plat of APACHE PLAZA <br /> 5TH ADDITION (the "Plat"), the City has required that a reciprocal easement <br /> agreement("LEA") in form reasonably acceptable to the City be executed by all <br /> T owners and mortgagees of all of the lots in the plat (the "Lots") to provide for access, <br /> 0� parking,party walls and other sh-L:_„i rights,obligations and facilities involved in <br /> d the use,operation and maintenance of an integrated shopping center on the land <br /> included within the Plat. <br /> MC. Apache wishes to file the Plat prior to negotiation and completion of <br /> V the REA and approval of the REA by the City. <br /> D. The City is willing to approve and sibi. Jae Plat and permit it to be <br /> recorded prior to the execution and recording of the REA only if this Declaration of <br /> Restrictions is executed and recorded together with the Plat. <br /> E Apache has agreed to retain all of the Lots in single ownership until <br /> the REA is recorded and this Declaration is terminated, in order that all of the Lots <br /> will be treated as one parcel for purposes of the applicable building and zoning <br /> ordinances of the City and in order that the property lines between the Lots will be <br /> disregarded for purposes of the City's setback,building and zoning ordinances until <br /> the REA is recorded and this Declaration is terminated. <br /> NOW,THEREFORE, Apache for itself and its successors and assigns, hereby <br /> declares that the Property shall be held, transferred,sold,conveyed and occupied <br /> s:.bject to the following restrictive covenants: <br /> 0 <br /> OG 1. Until the REA is recorded and this Declaration is terminated by a <br /> written termination executed by the City, all of the Lots shall be included in any <br /> com•evance or mortgage of any of the Lots, and no part of the Property shall be <br /> ' Vii' <br /> 2^, ;' {' ,:a i- ,i:�;' ik: ..,i►11!1, _i f.t:'..�;� ii:'la'llp�J'�! il�lli� ( X. �:� of .. �6'7 'r''".. <br /> 1 <br />