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ENCROACHMENT AGREEMENT <br />ON METROPOLITAN COUNCIL PROPERTY <br />PROPERTY LOCATION <br />Encroachment Number 2023-0010 <br />City of Centerville, Anoka County <br /> <br /> <br />RECITALS <br /> <br />A. The Metropolitan Council, a public corporation and political subdivision of the <br />State of Minnesota (“Council”), the address of which is 390 North Robert <br />Street, St. Paul, Minnesota 55101, is the easement owner of property in Anoka <br />County, identified as Easement Documents record as Document Number <br />1455074, recorded September 9, 1999, and in Final Certificate Document <br />Number 511625, recorded November 1, 1978(“Council Property” or <br />“Property”). <br />B. City of Centerville, a Minnesota Municipal Corporation (“Requestor”) seeks to <br />encroach in this easement by installing a small storm sewer in the Easement <br />Area (the “Work”). <br /> <br />C. The Requestor’s Work and the non-exclusive right of ingress and egress on and <br />across Council property shall be located within an area legally described on <br />Exhibit B-1 (“Encroachment”) and depicted on a sketch as Exhibit B-2. <br /> <br /> <br />TERMS AND CONDITIONS <br /> <br />In consideration of good and valuable consideration, Council agrees to the <br />Encroachment on Council Property (Easement Document Numbers 1455074 and <br />511625), subject to the terms and conditions stated in this Agreement. <br /> <br />1. The Requestor shall have the right to use the Encroachment for the Surface <br />improvements/redevelopment toinclude several encroachments over the <br />easement with a perpendicular crossing of the northern forcemain with a 12- <br />inch PVC Storm Sewer. <br /> <br />2. This Encroachment shall only be used as expressly identified in this <br />Agreement and for no other purpose, and shall not be moved, relocated or <br />expanded by Requestor without express written amendment of this <br />Agreement. <br /> <br />3. Before Work may commence in the Encroachment, City of Centerville shall: <br /> <br />a. Provide a schedule to the Council of work activities. <br />b. Have received final approval of Plans and Specifications by Council. <br />c. Have received all necessary approvals from local jurisdiction(s) in which <br />the Encroachment is situated. <br />d. Have provided Council and Council’s Risk Management division all <br />required liability insurance demonstrating that City of Centerville its <br />-1 - v2021.Oct <br /> <br />