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ENCROACI IMENT AGREEMENT <br />AGREEMENT ("Agreement'� was ntade this _th day of July; 2023 by and between the CITY <br />OF CENTERVILLE, a Minnesota municipal corporation ("City'), and Nausha Hertog and <br />Brandon A Hertog, 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 />PIN 914-31-22-42-0064 <br />1805 Old Mill Court <br />LOT 1, BLOCK 2 <br />OLD MILL ESTATES 2Nu ADDITION <br />B. Landowners desire to construct a boulder -type retaining wall within the rear and <br />side yard setbacks within the city's right-of-way/drainage and utility easements. Landowner(s) <br />seeks permission from the City to encroach in the City's right-of-way/drainage and utility <br />easements as follows: commencing approximately 2' in from the easterly side lot line and 20.87' <br />of which encroaches the rear right-of-way/drainage and utility easement by 3.5' and the side <br />right-of-way/drainage and utility easement by 8' heading westerly throughout the easement to a <br />curving point northerly encroaching the right-of-way/drainage and utility easement in the rear <br />yard to a point 4' to a paint ending the boulder -type retaining wall within the rear right-of- <br />way/drainage and utility easement by 9' from the rear property and less than 10' from the <br />westerly side property litre encroaching the right-of-way/drainage and utility easement by 2 to 3' <br />1 <br />