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38WHEREAS, in order to construct and use the sidewalk on and over the Property, the City will be <br />39required to enter into the Encroachment Agreement attached hereto as Attachment B <br />40(“Encroachment Agreement”) with Magellan; <br />41 <br />42NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />43ROSEVILLE, MINNESOTA, that the Encroachment Agreement is hereby approved, and the <br />44Mayor and City Manager are hereby empowered and authorized to execute the Encroachment <br />45Agreement and to perform all actions necessary for the performance of said Agreement. <br />46 <br />47The motion for the adoption of the foregoing resolutions was duly seconded by Councilmember <br />48 and, upon vote being taken thereon, the following voted in favor thereof: and the <br />49following voted against the same: <br />50 <br />51WHEREUPON said resolution was declared duly passed and adopted. <br />