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(Above space reserved for recording data) <br />ENCROACHMENT AGREEMENT <br />This ENCROACHMENT AGREEMENT is made this day of <br />2007} by and between the City of Roseville, a Minnesota municipal corporation ("City"), Jason <br />W. McCarthy ("Owner") and Walser Real Estate IV, LLC, a Minnesota limited liability <br />101 BACKGROUND., Owner i's the fee owner of certain real property located in the <br />City of Roseville, County of Ramsey, Static of Minnesota, at 2775 Highway 35W <br />1, arranto <br />Me described as Lot 3, Block P <br />Industrial Park, Ramsey County, Minnesota (the "Subject Property"), and Tenant <br />leases the Subject Property from Owner pursuant to a Lease Agreement and <br />Option to Purchase dated Apn"I 1, 2006 (the "Lease ' . City owns an casement for <br />ponding and underground utility mains, pipes and appurtenances over part of the <br />Subject Property (the "Easement Area") pursuant to an Easement dated June 19, <br />1986, Document Number 23222231 recorded in the office of the Ramsey County <br />Recorder the "E asern ent"). In connection with a new building construction <br />project on the Subject Property Tenant wants to repair and/or reconstruct the <br />parking lot on the Subject Property that would continue to encroach on or over a <br />portion of the Easement Area. <br />40,51660.,6 <br />