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ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT (“AGREEMENT”) IS MADE this ____ day of ___________________, 2016, by and between, Cherrywood Pointe of Roseville at Lexington LLC,aMinnesota limited liability company, (“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: Lot 1, Block 1, Cherrywood Pointe At Lexington(the “Owner’s Property”); and WHEREAS, the City is the owner of a utility easement which was dedicated to the City on the plat of Cherrywood Pointe at Lexingtona portion of which easement lies within an area legally described as follows, to wit: A 20 foot wide sanitary sewer easement which was described and dedicated in the plat of CHERRYWOOD POINTE AT LEXINGTON, the center line of which is described as follows: Commencing at the northeast corner of Lot 1, Block 1, CHERRYWOOD POINTE AT LEXINGTON; thence South 89 degrees 54 minutes 34 seconds West (Basis of Bearings: Ramsey County Coordinates, North American Datum of 1983, 1986 adjustment) along the northerly line of said Lot 1 a distance of 305.51 feet to the point of beginning of the center line to be described; thence South 42 degrees 28 minutes 26 seconds East 217.07 feet; thence South 00 degrees 05 minutes 25 seconds East 62.73 feet; thence South 45 degrees 17 minutes 12 seconds West 181.07 feet and said center line there terminating, the side lines of said easement are to be shortened and or extended to terminate at the southerly line of the northerly 12 feet of said Lot 1 and at the northerly line of the storm and sanitary easement per document number 1726546, as delineated on the said plat of CHERRYWOOD POINTE AT LEXINGTON, All in Ramsey County, Minnesota. (the “Right- of- way”), and