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WHEREAS, in order to construct and use the sidewalk on and over the Property, the City will be <br /> required to enter into the Encroachment Agreement attached hereto as Attachment B <br /> ("Encroachment Agreement")with Magellan; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> ROSEVILLE, MINNESOTA, that the Encroachment Agreement is hereby approved, and the <br /> Mayor and City Manager are hereby empowered and authorized to execute the Encroachment <br /> Agreement and to perform all actions necessary for the performance of said Agreement. <br /> The motion for the adoption of the foregoing resolutions was duly seconded by Councilmember <br /> Etten and, upon vote being taken thereon, the following voted in favor thereof: Willmus, <br /> Laliberte, Etten, McGehee, Roe and the following voted against the same: None. <br /> WHEREUPON said resolution was declared duly passed and adopted. <br />