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2.0 Recitals. <br />DISEASED TREE <br />ABATEMENT AGREEMENT <br />1.0 Parties. This Diseased Tree Abatement Agreement "Agreement is entered into by and <br />between the City of Arden dills, a Minnesota statutory city "City and Michael D. <br />Johnson and Lisa D. Johnson (collectively "Johnson <br />A. Johnson is the fee owner of residentially zoned property located at 3223 Lake <br />Johanna Blvd., Arden Hills, MN "Property which is legally described as <br />follows: <br />The east 217.8 feet of the south 1 00.0 feet of the north <br />1576.0 feet of the southwest quarter of Section 33, <br />Township 30, Range 23; except the east 33 feet thereof for <br />Lake Johanna Blvd. <br />B. The remains of a diseased 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 Arden Hills City Code §710.12 and its <br />subdivisions "Shade Tree Regulations the Elm Tree is declared a public <br />nuisance which needs to be abated. <br />D. Johnson has requested that the City remove the Elm Tree and assess the cost of <br />removal against the Property. <br />3.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree <br />g <br />as follows: <br />A. Johnson Acknowledgement. Waivers and Requests. <br />1. Johnson acknowledges that it has received, reviewed and understands the <br />provisions of the Shade Tree Regulations. <br />2. Johnson, for itself and its heirs and assigns: <br />a. Waives any further notices or hearings which it may otherwise be <br />entitled to pursuant to the Shade Tree Regulations. <br />b. Requests the City to remove the Elm Tree and dispose of the Elm <br />Tree pursuant to the provisions of the Shade Tree Regulations. <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 Elm Tree; provided that the City gives Johnson at least two <br />