Laserfiche WebLink
Attachment B <br />(reserved.for recording information) <br />ENCROACHMENT AGREEMENT <br />This ENCROACHMENT AGREEMENT ("Agreement") is made this day of <br />, 2023, by and between the CITY OF ARDEN HILLS, a Minnesota municipal <br />corporation ("City"), and ROBERT M. BONNIE and JENNA M. BONNIE, spouses married to <br />each other ("Owners"). <br />RECITALS <br />1. Owners are the fee owners of certain real property located at 3274 Katie Lane in the City of <br />Arden Hills, County of Ramsey, State of Minnesota, which is legally described as � 4, Block <br />2, Hazelnut Park Addition No. 3 (PID: 333023320073) (the "Subject Property"); <br />2. The City is the fee owner of certain real property (PID: 333023120004), which is adjacent to <br />the Subject property and is improved with a segment of public trail between Cleveland Avenue <br />and Stowe Avenue and connected to the City -owned Hazelnut Park (the "City Property"); <br />3. Owners have planted a row of small trees or shrubs (the "Plantings") on the City Property, <br />which runs the full width of the Subject Property, and has mowed the grass on the City Property <br />around and between the Plantings (collectively, the "Encroachment"), as is depicted on <br />Exhibit A (the "Encroachment Area"); <br />4. Pursuant to Arden Hills City Code Section 720.06, subd. 1, "No person shall tamper with, <br />injure, deface, destroy, disturb, damage or remove any part of any ... flower, tree, shrub, plant, <br />turf, soil conditions ... nor shall any person plant or cause to be planted any wild, cultivated or <br />exotic tree, shrub or plant" on City -owned property, unless such activity is permitted by the City. <br />This prohibition applies to unauthorized mowing of City -owned property; and <br />5. Consistent with the authority granted by the City Code and with past City practice on other <br />properties, the City is willing to permit the Encroachment, subject to the conditions set forth <br />in this Agreement. <br />NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of <br />which is hereby acknowledged, the City and Owners have agreed as follows: <br />2281030 <br />