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wan ENCROACHMENT AGREEMENT1 Centre Point Business Park Phase 11- Parking lot expansion AGREEMENT made this day of 11 200 , by and between the City of Roseville, a Minnesota municipal corporation ("City" ; and Minnesota Industrial Properties Limited Partnership ("Owner"'). 1. BACKGROUND. The Owner is the fee owner of certain real property located in the City of Roseville, County of Ramsey, State of Minnesota, legally described as follows: Centre Pointe 11 Business Park, 28,90-2920 Centre Pointe Drive, Lot 2, Block 3, Centre Pointe Business Park according to the recorded plat thereof, Ramsey County, Minnesota; and That part of Lot 1, Block 3, Centre Pointe business Park, according to the recorded plat thereof, Ramsey County, Minnesota, lying southerly of a line described as commencing at the northeast corner of said Lot I - thence on an assumed bearing of South along the easterly line of said Lot I a distance of 28,0.00 feet to the point of beginning of the line to be described; thence on a bearing of West a distance of 28,8,.8,3 feet to the west line of said Loo and said line there terminating. Hereinafter called "Subject property i i , 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on its right- of- way for the construction and maintenance of retaining walls. The Owners shall provide a detailed drawing, or drawings, of the location, size, and design of the retaining walls to the City Engineer prior to construction. Such drawing shall be done to the satisfaction of the City Engineer, or her designee. The City reserves the right to the future use of the full drainage and utility easement. 3. ACCESS. The City maintains the right to have full access and use of the drainage and utility easement. In consideration for this encroachment, the Owners hereby grants the City a waiver of trespass to allow any encroachment Encroachment Agreement Page I of 3