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AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of , 2000, by <br /> and between Robert C. Hanning, Jr. and Julie S. Hanning, husband and wife ("Hannings") and <br /> the City of Orono, a Minnesota municipality("City"). <br /> WHEREAS, the Hannings have, at all times relevant hereto, been, and presently are, fee <br /> owners of certain real property lying and being within the City, identified as Parcel ID No. 31- <br /> 118-23-12-0015 (the "Subject Property"). <br /> WHEREAS, in 1998 the County of Hennepin commenced a condemnation action against <br /> the Hannings (as well as other area property owners), for the ostensible purpose of acquiring, by <br /> eminent domain, real property for the purpose of upgrading CSAH No. 6 in the City (said <br /> condemnation action was filed as Hennepin County District Court File No. CD-2485); <br /> WHEREAS, the Subject Property was referenced in the aforesaid condemnation action as <br /> "Parcel No. 18," and the legal description of the permanent and temporary easements that were <br /> acquired by the County of Hennepin, from the Subject Property, pursuant to and in accordance <br /> with the aforesaid condemnation action are set forth in Exhibit A attached hereto and made a part <br /> hereof by reference; <br /> WHEREAS, one of the significant disputes between the Hannings and the County of <br /> Hennepin in the aforesaid condemnation action was the question of what effect the eminent <br /> domain taking would have on the Hannings' subsequent ability to subdivide the Subject Property <br /> under the then pertaining ordinances of the City; <br /> WHEREAS, at the request of the County of Hennepin, the City adopted Resolution No. <br /> 4405 on December 13, 1999 (a copy of which is attached hereto and incorporated herein by <br />