2013_0708(part 2) - Laserfiche WebLink

Home

ENCROACHMENT AGREEMENT THIS AGREEMENT IS MADE this _______ day of _____________________ , 2013, by and between, NuStar Pipeline Operating Partnership, L.P. a Delaware limited partnership, ("Owner"), and the City of Roseville, a municipal corporation ("City"); WITNESSETH THAT: WHEREAS, the Owner is the owner of real property located in Roseville, Minnesota, legally described as follows, to wit: Need to Insert Legal Description Here (not just reference to Deed) WHEREAS, the City is the owner of a the Long Lake Road right- of- way, a portion of which lies within an area legally described as follows, to wit: The South 650 feet of the North 1370 feet of the West 10 feet of the East 798.5 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29, Range 23 in Ramsey County, Minnesota (the "Encroachment Area"), and WHEREAS, the Owner desires to construct and maintain the retaining wall shown in Exhibit A attached hereto ("Wall") on the Encroachment Area for the benefit of the Owner's Property; NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows: 1. The Owner shall have the right to use the Encroachment Area to construct, maintain and repair the Wall, subject to the terms and conditions of this Agreement. If, at any time, whether before or after completion of construction of the Wall, City determines the Wall interferes with City’s use or development of the Encroachment Area, City shall give Owner written notice, which notice shall designate an alternate location on City property for the Wall. Owner shall, at Owner’s sole cost and expense, relocate the Wall within sixty (60) calendar days after receipt of such notice to such location. In such case, City and Owner shall amend this Agreement as necessary to properly describe the new Encroachment Area. AttachmentA