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an easament ("Easernent") in the form attached hereto as Exhibit <br />A for public roadway and utility purposes over, under and across <br />said Outlet A. <br />NOW, THEREFORE, in consideration of the Property and the <br />mutual promises and conditions hereinafter contained, it is <br />hereby agreed as follows: <br />1, Property Description: The real property ("Property") <br />is located in Hennepin County, Minnesota, and is presently <br />described as follows: Lot 1, Block 1, CRYSTAL CREST, according <br />to the recorded plat thereof; and that part of Lot 2, lying east <br />of the west 642.00 feet thereof. Block 1, CRYSTAL CREST, <br />% <br />acco)*ding to the recorded plat thereof. <br />2. Condition Precedent to Construction of <br />Tmorovements; <br />2.1 The City shall not permit or require the use <br />of Outlet A for public or private roadway or utility <br />purposes without the prior written consent of the <br />Developer, which consent shall be at Developer's sole <br />discretion, and shall not have the right to construct or <br />install or to require the Developer or any other person <br />to construct or install any improvements for public or <br />private roadway or utility purposes (collectively, <br />"Improvements") over, under and across said Outlot A, <br />unless (a) the Developer fails to acquire fee <br />Page 3 of 16