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<br />ENCROACHMENT AGREEMENT <br />AGREEMENT ("Agreement") made this Eday of /I'1d.d=- by and between <br />the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Jerry & Karen <br /> <br />Francois ("Landowner(s)''). <br /> <br />RECITALS <br /> <br />A. Landowners own in fee as joint tenants the real property situated in Anoka <br /> <br />County, Minnesota, legally described as follows ("Subject Property"): <br /> <br />1735 Dupre Road, Lot 5, Block 1, Pheasant Marsh 1st Addition <br />PIN #R23-31-22-34-0008 <br /> <br />B. Landowners' desire to locate a retaining wall within the right-of-way/drainage <br /> <br />and utility easement(s) in their side or rear yard easement(s) or both. Landowners seek <br /> <br /> <br />permission from the City to encroach in the City's right-of-way/drainage and utility easement. <br /> <br />NOW, TIIEREFORE, IN CONSIDERATION OF TIIEIR MUTUAL COVENANTS, <br />TIIE PARTIES AGREE AS FOLLOWS: <br /> <br />I. The City hereby grants Landowners permission to encroach into the City's right- <br /> <br />of-way/drainage and utility easement in their side or rear yard easement(s) or both to the extent <br /> <br />indicated on the Site Survey attached hereto as EXHIBIT "A". <br /> <br />I <br />