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196910v1 1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />[Reserved for recording information] <br /> <br />ENCROACHMENT AGREEMENT <br /> <br /> <br /> AGREEMENT made this _______ day of _____________, 2018, by and between the <br />CITY OF ARDEN HILLS, a Minnesota municipal corporation (“City”) and Timothy L. Horita, <br />a single person (“Horita” or “Owner”). <br /> 1. BACKGROUND. Horita is the fee owner of certain real property located in the <br />City of Arden Hills, Ramsey County, Minnesota, legally described as: Lot 1, Block 1, Horita Acres <br />("Subject Property"). The City owns easements for sewer, drainage and utility purposes over part of <br />the Subject Property. Horita desires to construct a driveway on the Subject Property which <br />encroaches on the City’s easements as depicted on the sketch attached hereto as Exhibit A. <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />encroachment on its easements for the construction of the driveway as identified in the sketch <br />attached hereto, subject to the following conditions: <br />• Horita shall be responsible for installing, at HIS sole cost and expense, the driveway; <br /> <br />• Horita is responsible for restoring the ground cover disturbed in connection with the <br />construction of the driveway; <br /> <br />• Owner will own and maintain the driveway; <br />