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Encroachment, Council may take all such actions as necessary to remove, <br />replace or relocate the Encroachment and shall be reimbursed for the costs <br />incurred for such action. Council shall have no obligation to provide a <br />substitute Encroachment area for relocation. <br />11. This Agreement does not give any property rights to Requester and is not a <br />grant/assignment of easement nor a conveyance of property or land. This <br />Agreement provides the terms and conditions upon which Grantor will <br />permit the Encroachment over and across Council’s Property. Prior to <br />encroachment upon the Council’s Easement, Requestor shall acquire the <br />necessary property rights from the landowner. Grantor is not granting any <br />such property rights to Requester in this Agreement. <br /> <br />12. This Agreement shall be binding upon and inure to the benefit of the parties <br />hereto and their successors and assignees. <br /> <br />13. The Requestor shall provide Council with notice when the property is sold. Any <br />new purchaser shall provide Council with their contact information and the <br />parties shall amend this Agreement to reflect the new owner. <br /> <br />14. Notices under this Agreement shall be provided as below or to another contact <br />as provided in writing to the other party: <br /> <br />REQUESTOR: <br />COUNCIL: <br /> <br /> <br />Mark Statz – City Engineer <br />Tim Wedin, Assistant Manager <br />City of Centerville <br />Environmental Services <br />1880 Main Street <br />390 North Robert Street <br />Centerville, MN 55038 <br />St. Paul, MN 55101 <br />651-792-7931 <br />651-602-4571 <br />mstatz@centervillemn.com <br />Timothy.Wedin@metc.state.mn.us <br /> <br />and <br /> <br />Real Estate Office <br />Metropolitan Council <br />390 North Robert Street <br />St. Paul, MN 55101 <br /> <br />15. This Encroachment Agreement is terminable by the Council at its sole <br />discretion upon providing Requestor, their successor or assign, no less than <br />sixty (60) days written notice to the Owner in the event this Encroachment <br />area is needed exclusively for Council purposes. Nothing in this agreement <br />shall be construed to convey a permanent right or interest in Council’s real <br />property. <br /> <br />16. This Agreement shall be recorded with the Anoka County Recorder’s Office. <br /> <br />-3 - v2021.Oct <br /> <br />