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ENCROACHMENT AGREEMENT <br />AGREEMENT made this ', �� day of �� ��"� ���� ��� ,2007, by and <br />between the CITY OF ROSEVILLE, a Minnesota nZUnicipal corporation ("City"); and <br />Jason W. McCarthy ("OWNER). <br />1. BACKGROUND. The OWNER is the fee owner of certain real property <br />located in the City of Roseville, County of Ramsey, State of Minnesota, at <br />2775 Highway 35W North, legally described as Lot 3, Block I, Parranto <br />Industrial �Par�Ic (PIN 05.29.23.41.0005) ("Subject Property"). The City <br />owns an easement for drainage, ponding, and utility purposes over part of <br />the Subject Property per pocument Number 2322223 recorded at Ran-�sey <br />County ('Basement"). The OWNER wants to reconstruct the parking lot <br />on the Subject Property that would continue to encroach on the City's <br />easement. This parking lot work is part of a new building construction <br />proj ect. <br />2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />encroachment on its Easement for a parking lot, conditioned upon full <br />access to the Easement. In the event the property owner should construct a <br />fence, it shall include the installation of moveable or removable fence <br />panelslgates that allow a 10'-wide ingress to the Easement. The OWNER <br />also hereby grants the City a waiver of trespass to allow any encroachment <br />onto the Subject Property outside of the Easement area deemed necessary <br />Page 1 of 3 <br />