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12 <br />DECLARATION OF LOT COMBINATION <br />THIS DECLARATION is made and executed as of November lq"�' , 2008, <br />by BAYSHORE PROPERTIES, a Minnesota professional corporation, as the owner of <br />the real 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 Hemhepin., 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 io,approve <br />the combination of Parcels A and B subject to the condition that this D) C1.ARATION 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 ail` , <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 1'roperty 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 />