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ENCROACHIVIENT AGREEMENT <br />FULHAM AVENUE RIGHT- OF- WAY <br />The City of Roseville, a municipal corporation under the laws of Minnesota ("City") for good <br />and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey <br />to Bonten, a limited partnership, its successors and assigns ("Bonten"), for the benefit of 2335 Fulham <br />Street ("the subject property"), the right and license for the purposes set forth below to encroach upon <br />the Fulham Street Public Right of Way immediately adjacent to 2335 Fulham Street ("'Right of Way") <br />situated in the County of Ramsey, State of Minnesota. <br />1. Bonten. Bonten is the fee owner of certain real property located in the City of Roseville, County <br />of Ramsey, State of Minnesota, legally described below and having a street address of 2335 <br />Fulham Street, Roseville, MN ("subject property"): <br />PXN 08.29.23.31. 0006 <br />The East 297 feet of the NE 1/4 of the SW �4 of Section 8, Township 29, Range 23. Subject <br />to State Trunk Highway .����8r Long Lake Road, and Flowage Easement and excluding the <br />North 584 feet <br />2. City. City covenants that it is the owner of the above described Right of Way and has the <br />authority to enter into this Agreement. <br />3. Conduit. Bonten shall have the right under this Agreement to encroach upon the Right of Way <br />in order to construct, maintain and utilize conduit beneath Fulham Street for communication <br />purposes for the benefit of the subject property. Bonten's construction and maintenance of a <br />conduit may not involve a trench, or otherwise disturb Fulham Street, without the prior approval <br />of the City. <br />3. Location. The location, size, and depth of the conduit shall be approved by the City Engineer, <br />or her designee, prior to construction. Bonten shall provide a detailed drawing of the location, <br />size, and depth of the conduit within the Right of Way. Such drawing shall be done to the <br />satisfaction of the City Engineer, of her designee, and shall be attached to this Agreement as <br />Exhibit "A," It shall be Bonten's responsibilityto locate the conduit within the Right of Way as <br />shown in Exhibit A and approved by the City Engineer, or her designee. In the event that the <br />Encroachment Agreement <br />Page 1 of 4 <br />