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I <br />k- <br />AGREEMENT <br />THIS AGREEMENT is made and entered into this ■— day of June, 2004, by and <br />between Mary A. Dunn, a single person (“Owner*’), and Henry J. Lazniarz: and Premier Design ic <br />Development, LLC, a Minnesota limited liability company ("Prcniier”) (Hcnr>' J. Lazniarz and <br />Premier arc herein collectively referred to as “Developer”). <br />RECITAI.S <br />A. Owner is the fee owner of the following tracts of land located in Hennepin County. <br />Minnesota, namely; <br />Tract A, Registered Land Sur\ cy No. 1022 (“ I racl A”) <br />Tract B, Registered Land Survey No. 1022 (“ Tract B") <br />Tract C, Registered Land Sur\cy No. 1022 (“Tract C“) <br />Tract D, Registered Land Sui^ ey No. 1022 (“Tract D") <br />Tract G. Registered Land Survey No. 352 ("Tract G“) <br />Tracts A, U, C, D and G arc herein collectively referred to as “Owner’s Ptopeity.' <br />B. Developer has entered into a Purchase Agreement by which Developer w ill .lennirc a tract <br />of land located in Hennepin County. Minnesota, legally described as follows: <br />Tract H. Registered Land Survey No. 352 (“Tract 11") <br />Tract 11 is adjacent to Owner’s Property. Developer is acquiring Tract H for purposes of subdivision, <br />development and resale. <br />C. Access from Tract H to County Road No. 146 is accomplished by means of an appunenani <br />easement for private driveway purpo.ses over Tract G as cstabli.shcd by deed recorded as Document <br />No. 432783. As a condition of its approval of Developer’s proposed plat (“Plat") subdividing! raci <br />H and know n as Creekside in Orono (the "Development"), the City of Orono (“City”) has required <br />or will require that it be granted a permanent casement for public road, utility and drainage purposes <br />(thc“Ea.sement’’)ovcrTractG providing access fiom County Road No. 146 to the platted lots in the <br />Plat. Owner has agreed to grant the Easement to the City over Tract G subject to and upon the tcmis <br />and condition stated in this Agreement. <br />NOW, THEREFORE, in consideration of the foregoing Recitals, which arc incorporated in <br />and made a part of (his Agreement, and of the terms and conditions stated bcIow', Owner and <br />Developer agree as follows: