2010-05-26 CC Packet - Laserfiche WebLink

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CONSENT TO ALLOW ENCROACHMENT ONTO SANITARY SEWER EASEMENTS Interceptor Number: 7651&9708 County of Anoka Encroachment Number: The Metropolitan Council, a public corporation and political subdivision of the state, being the holder and owner of sanitary sewer easements on property in Centerville, Minnesota, described in Document No.'s 511625, and 1498567, being in the NW '/4 of the SW '/4 of Section 23, Township 31, Range 22, filed in the office of the County Recorder; and Document No.'s 511626, 1453480, being in the SE %4 of the SE V4 of said Section 23, also filed in the office of the County Recorder; and Document No. 340906, being in the South 1/2 of the North '/z of the SE '/4 of said Section 23, filed in the office of Registrar of Titles, all in Anoka County, Minnesota. In consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment onto those certain easements listed above, the easements being between the owner of said properties and the Metropolitan Council, to -wit: See attached Exhibit A The encroachment permitted by this Consent is described as follows: Grade changes for trail construction, a bituminous trail and minor storm sewer improvements over the sanitary sewer force main interceptors and easements as shown in the plans for Centerville Regional Trail Link prepared by Mark R. Statz P.E., of Bonestroo Inc. Selected plan - sheets from the project showing the improvements over the interceptors and easements are attached hereto and made a part hereof as Exhibit B. The Metropolitan Council and the City of Centerville, it's successors and assigns, hereby agree that said encroachment shall be subject to the following conditions: The City of Centerville, it's successors and assigns will indemnify, save and hold the Metropolitan Council harmless from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attorneys fees, which - 1 - W