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ABATEMENT AGREEMENT <br />1.0 Parties. This Abatement Agreement ( "Agreement ") is entered into by and between the <br />City of Arden Mils, a Minnesota statutory city ( "City "); and Kimberl y A. Halverson <br />( "Halverson "). <br />2.0 Recitals. <br />A. Halverson is the fee owner of residentially zoned property located at 1971 Thom <br />Drive, Arden Hills, MN ( "Property ") which is legally described as follows: <br />Lot 23, Rowleder's Home and Garden Acres except the <br />west 249.15 feet thereof. <br />(Tax Parcel: 28-30-23-33-0011) <br />There is a storm damaged tree on the Property which will likely cause injury to <br />persons or property when it falls ( "Hazardous Tree ") and is therefore a public <br />nuisance pursuant to the provisions of Arden Hills City Code §21 0.12, Subd. 6. <br />C. Halverson acknowledges that the Hazardous Tree is a public nuisance; has <br />requested that the City remove the Hazardous Tree; and has requested that the <br />cost of the removal be specially assessed against the Property. <br />3.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree <br />as follows: <br />A. Halverson Acknowledgement, Waivers and Requests. <br />1. Halverson, for herself and her heirs and assigns: <br />a. Waives any further notices or hearings which she may otherwise <br />be entitled to pursuant to the City's Regulations relating to public <br />nuisances and special assessments. <br />b. Requests the City to remove the Hazardous Tree and dispose of the <br />Hazardous Tree. <br />c. Authorizes the City and its agents, contractors and employees to <br />enter upon the Property for the purpose of removing and disposing <br />of the Hazardous Tree; provided that the City gives Halverson at <br />least two (2) days advance notice of its intent to enter upon the <br />Property for such purpose. <br />