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AGREEMENT <br />This Agreement is made this 1~ day of JCU\uocr~ , 1 9 9 6 <br />between Landmark Drive Homeowner's Association, {Minnesota non- <br />profit corporation ("Landmark"), and Steven A. Gardiner and Carmen <br />B. Gardiner (11 Gardiners 11 ). <br />RECITALS <br />1. Landmark is the owner of Outlet D, Bayside Landing, Hennepin <br />County, Minnesota. This property was a part of the original plat <br />of Ottoville on Lake Minnetonka, Hennepin County, Minnesota. <br />2. Gardiners are the owners of Lots 1, 2, 3 and 4, Ottoville on <br />Lake Minnetonka, Hennepin County, Minnesota, which lots lie <br />Easterly of said Outlet D, Bayside Landing. <br />3. The plat of Ottoville on Lake Minnetonka includes an alley <br />located immediately Westerly of said Lots 2 and 3, Ottoville, and <br />located immediately Easterly of said Outlet D, Bayside Landing as <br />now platted, and separating said Outlet D from said Lots 2 and 3, <br />Ottoville. Gardiners' garage is located near the Northerly end of <br />said alley and encroaches slightly onto said Outlet D. The alley <br />has not been used as an alley and appears as an extension of the <br />Gardiners' yard. <br />4. Gardiners have requested the City of Orono to vacate the <br />alley. The matter is scheduled to be heard by the Planning <br />Commission on January 16, 1996 and by the City Council on January <br />22, 1996. <br />5. The parties desire to make certain agreements with regard to <br />the property as stated below. <br />AGREEMENT <br />In consideration of the promises and covenants made herein, <br />the parties agree as follows: <br />1. Both parties will support the vacation of the alley by the <br />City of Orono. <br />2. Gardiners, for themselves and for their successors in title, <br />agree that the garage now existing on the alley and encroaching