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<br />ENCROACHMENT AGREEMENT <br /> <br />TIllS AGREEMENT is made this <br /> <br />day of <br /> <br />,200_, by <br /> <br />and between the CITY OF HUGO, a Minnesota municipality (hereinafter "City") and T. <br /> <br />- <br /> <br />BERGERON CONSTRUCTION, a Minnesota corporation (hereinafter "Bergeron"), and their <br /> <br />~ <br /> <br />successors in title. <br /> <br />WHEREAS, the City owns an easement for drainage and utility purposes on property <br /> <br />legally described as Lot II, Block I, Beaver Ponds 4th Addition, Washington County, <br /> <br />Minnesota; and, <br /> <br />WHEREAS, Bergeron is desirous of constructing a deck partially within the easement <br /> <br />area; and, <br /> <br />WHERAS, the City will permit the placement of a deck in the area described herein <br /> <br />subject to the terms and conditions hereof <br /> <br />NOW, THEREFORE, in consideration of the premises and for good and valuable <br /> <br />consideration, the receipt of which is acknowledged, the City will permit the encroachment on its <br /> <br />easement as set forth herein and subject to the conditions set forth below: <br /> <br />1. Bergeron and its successors in title may install a deck within the easement in <br /> <br />accordance with the configuration depicted in Exhibit A attached hereto on Lot 11, Block 1, <br /> <br />~..r Pono& 4th Addition. <br /> <br />2. Only deck footings may be placed within the easement. <br /> <br />3. The deck must comply with all applicable setback requirements. <br /> <br />4. The encroachment granted to Bergeron herein is subject to the existing easement <br />,-- - <br /> <br />rights ofthe City as granted in various easements. <br />