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agreement ■^3: </ ■9c <br />Ccf~/-i-: o C ^^C3l <br />THIS AGREEMENT, made and entered into this___day of <br />^ 1990, by and between James A. Cox and Bemadine Cox, husband and <br />wife (hereinafter called "Cox"), and the City of Orono, a municipal corporation <br />under the laws of Minnesota (herein^, ter called "Orono"): <br />WITNESSETH: <br />WHEREAS, Cox is the owner of that certain real property located in the <br />City of Orono, County of Heimepin and State of Minnesota, legally described as <br />Outlet A, Shadowood Farm; and <br />WHEREAS. Orono has approved the plat known as Shadowood Farm <br />based upon, among other things, the agreement of Cox to dedicate on the plat <br />abutting Outlet A, Shadowood Farm, a forty foot (40’) right-of-way for the Easterly <br />half of Willow Drive North, said forty foot (40') right-of-wav being seven feet (7') <br />wider than the existing thirty-three foot (33’) right-of-way; l. <br />WHEREAS, Cox has agreed based upon the conditions and exceptions <br />set forth below, to dedicate said additional seven feet (7) of right-of-way abutting <br />Outlot A, Shadowood Farm (the "Outlot A Seven Feet"); <br />NOW, THEREFORE, based upon the consideration hereinabove set <br />forth, together with One Dollar and Other Good and Valuable Consideration, receipt <br />of which is acknowledged by Cox, the parties hereby covenant and agree as follows: <br />1. Agreement to Vacate. Orono, for itself, its successors and assigns, <br />hereby covenants and agrees to vacate said Outlot A Seven Feet, or any unused <br />portion thereof, at such time as final determination is made, following all <br />appropriate public hearings and subject to the consent of all other necessary parties, <br />that said Outlot A Seven Feet, or any unused portion thereof, is not required for the <br />upgrade of W illow Drive North to MSA standards or as future County Road 116, <br />either by the City of Orono or the County of Hennepin. <br />2. Restrictions upon Use. During the interim period between <br />execution of this agreement and final determination as to the upgrading of Willow <br />Drive North as above-described, Orono may not remove special plantings or <br />improved lawn sections located within and upon the Outlot A Seven Feet. <br />3. Enforcement. The provisions of this agreement may be enforced by <br />Cox through proceedings in equity, including but not limited to mandamus or <br />injunctive relief.