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ENCROACHMENT AGREEMENT <br />AGREEMENT ("Agreement") was made this 30th day of May, 2023 by and between the CITY <br />OF CENTERVICL.E, a Minnesota municipal corporation ("City"), and Mary J. Capra and Daniel <br />C. Capra, a married couple ("Landowners"). <br />RECITALS <br />A. Landowners owner in fee as tenant the real property situated in Anoka County, <br />Minnesota, legally described as follows ("Subject Property"): <br />FIN #14-31-22-43-0056 <br />1810 Fox Run <br />LOT 14, BLOCK 5 <br />CENTERVILLE HEIGHTS; EX RDL S; <br />SUB1 TO EASE OF REC <br />B. Landowners desire to construct a 2-Rail (Split Rail Ranch -Style), vinyl fence <br />within the side yard setback within the city's right-of-way/drainage and utility easement. <br />Landowner(s) seeks permission from the City to encroach in the City's right-of-way/drainage <br />and utility easements as follows: commencing from the front facade of the home (approximately <br />50' from the front yard monument marker), traveling at a northwesterly angle along the side lot <br />line encroaching the easement by 5', then commencing at the same angle along the side lot line <br />60'. Landowners have secured permission for the construction of the fence directly on the <br />property line from the abutting property owner which is on file with the city. <br />I <br />