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0 <br />DISEASED TREE <br />ABATEMENT AGREEMENT <br />1.0 Parties. This Diseased Tree Abatement Agreeznent ("Agreement") is entered irzto by and <br />between the City of Arden Hills, a Minnesota statutory c�ty ("City"); and Michael D. <br />3ohnson and Lisa D. Johnson (coIlectively "Johnson"}. <br />2.0 Recital,s. <br />A. Johnsan is the fee owner af residentzally zoned pr�perty located at 3223 Lake <br />�ohanna Blvd., Arden HiIls, MN {"Property") which is legally described as <br />fallows: <br />The east 2I 7.8 feet of the south � 00.0 feet of the north <br />1576.0 feet of the southwest quarter of Section 33, <br />Township 30, Range 23; �xcept the east 33 feet thereaf for <br />Lake Johanna Blvd. <br />B. The remains of a dis�ased Dutch Elm tree {"Elm Tree"} as shown on Exhibit A <br />attached, is located on the Property. <br />C. Pursuant to the provisions of the A.�den Hil�s City Code §710.12 and its <br />subdivisions {"Snade Tree Regulations"}, the EIm Tree is declared a public <br />nuisance which needs to be abated. <br />D. 3ohnson ha.s requested that the City remove #he Elm Tree and assess the cost of <br />removal against ihe Property. <br />3.0 Terms. Tn consideration of the mutual undertakings herein expressed, the parties agree <br />as follows: <br />A. �ohnson Ac�owIed e�nent. Waivers ar�d Re uests. <br />1. Johnson acicnowledges that �t has reeeived, re�Tiewed and unders�ands the <br />provisions of the Shade Tree Reguiations. <br />2. Johnson, fox itself and its heirs and assigns: <br />a. Waives any further natices or hearings whicl� it may ot�erwise be <br />entitled ta pursuant to the Shade Tree Regulations. <br />b. Requests the City to remove the EIm Tree and dispose of the Elm <br />Tree pursuant ta the provisions of the Shade Tree Regulations. <br />c. Authorizes #he City and its agents, cantractors and err�p�oyees to <br />enter upon the Property for the purpose of removing and disposing <br />of the Elm Tree; provided that the City gives Johnson at Ieast two <br />