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AGREEMENT <br /> THIS AGREEMENT, Made and entered into as of the �� ✓ <br /> day of January, 1983, by and between CITY OF ST. ANTHONY, a <br /> municipal corporation under the laws of the State of Minnesota <br /> (hereinafter called the "City" ) , and OSBORNE PROPERTIES,. a <br /> Minnesota limited partnership (hereinafter called "Osborne <br /> Properties" ) ; <br /> WITNESSETH, THAT: <br /> WHEREAS, Osborne Properties is the fee title owner of <br /> that certain tract of real property located in Hennepin County, <br /> Minnesota, legally described on Exhibit A attached hereto and <br />/ hereby made a part hereof (hereinafter called the "Subject <br />�. Premises" ) ; <br /> WHEREAS, the City is the holder of a utilities <br /> easement in, on, over and across a. portion of the Subject <br /> Premises by reservation contained in that certain Clerk 's <br /> Certificate on Completion of Proceeding to Vacate Public <br /> Street, dated June 26, 1959 , and filed on July 1, .1959, in the <br /> office of the Hennepin County Recorder as Document No. 3184160; <br /> WHEREAS, pursuant to Building Permit No. 2072 issued <br /> on September 4, 1979 by the City, Osborne Properties <br /> constructed certain improvements upon that portion of the <br /> Subject Premises subject to such utilities easement; <br /> WHEREAS, the City has permitted. Osborne Properties to <br /> 1 continue to maintain such improvements; and <br />