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DECLARATION OF LOT COMBINATION <br /> THIS DECLARATION is made and executed as of November , 2008, <br /> by Skyway Construction, a Minnesota professional corporation, as the owner of the real <br /> property hereinafter described ("Owner"), for the benefit of the CITY OF ST. <br /> ANTHONY, a municipal corporation under the laws of the State of Minnesota (the <br /> "City"). <br /> A. Owners are the fee owners of the two parcels of real property located in <br /> the City of St. Anthony, County of Hennepin, State of Minnesota, legally described on <br /> Exhibit A attached hereto and identified on the attached Exhibit A as "Parcel A" and <br /> "Parcel B" (together referred to as the "Property"). <br /> B. Owner wishes to combine Parcels A and B into one contiguous tract or <br /> parcel in order that they be treated as one parcel for purposes of all applicable <br /> ordinances of the City and in order that the property line between the parcels be <br /> disregarded for purposes of the City's setback,building and zoning ordinances. <br /> C. The City Council will consider and take action on this request to approve <br /> the combination of Parcels A and B subject to the condition that this DECLARATION be <br /> executed by the Owner and recorded by the City to administratively combine Parcel A <br /> and Parcel B, and to be binding upon the Owner and all subsequent owners of the <br /> Property. <br /> NOW,THEREFORE, The Owner for itself, its legal representatives' successors <br /> and assigns, hereby declare that the Property shall be held, transferred, sold, conveyed <br /> and occupied subject to the following restrictive covenants: <br /> 1. Parcel A shall be combined with Parcel B in any conveyance of either <br /> parcel, and no part of the Property shall be separately conveyed without the prior <br /> written consent of the City, as approved by the City Council. <br /> 2. Parcels A and B shall be combined for real estate tax purposes into one tax <br /> parcel having a single property identification number. The Owner shall sign all <br /> appropriate forms and documents necessary to effect such tax parcel combination, and <br /> no subsequent division of the tax parcel shall occur without the prior written consent of <br /> the City, as approved by the City Council. <br /> 3. The restrictive covenants herein contained shall operate as covenants <br /> running with the title to the Property and shall be enforceable by the City. The City <br /> shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to <br /> I <br /> i <br /> I <br /> I <br />