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AGREEMENT <br />THIS AGREEMENT (Agreement) is made between CHARLES HERBST, as <br />Personal Representative of the Estate of ELEANOR HERBST, Deceased, who was at the time <br />of her death a single person (Herbst) and MOUNDS VISTA, INC. a Minnesota corporation <br />(Mounds Vista) and dated September , 1998. <br />WHEREAS: <br />A. Herbst is the owner in fee simple of that certain tract and parcel of land located <br />in the County of Ramsey, State of Minnesota and legally described as follows, to -wit: <br />Lot 1, Block I, Herbst Enterprises, <br />Ramsey County, Minnesota <br />(hereinafter the Herbst Tract); and, <br />B. Mounds Vista is the owner in fee simple of that certain tract and parcel of land <br />located in the County of Ramsey, State of Minnesota and legally described as follows, to -wit: <br />See attached Exhibit A <br />(hereinafter the Mounds Vista Tract); and, <br />C. The Herbst Tract and the Mounds Vista Tract are adjacent to one another and <br />the parties are mutually desirous of describing an arrangement under which access to and <br />from the respective parcels will be provided and certain encroachments permitted, alI upon the <br />terms and conditions hereinafter set forth. <br />