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ENCROACHMENT AGREEMENT <br />AGREEMENT made this day of , 2002, by and between the <br />CTTY OF ROSEVII,LE, a Minnesota municipal corporation ("City"); and Jerry Devaney <br />("Devaney") <br />BACKGROUND. Devaney is the fee owner of certain real property located in <br />the City of Roseville, County of Ramsey, State of Minnesota, legally described on <br />the attached Exhibit "A." and ha�ing a street address of 1785 Roselawn Avenue, <br />Roseville, MN ("subject properiy"). The City owns an easement for drainage and <br />utility purposes over part of the subject properiy, currently in use for a sanitary <br />sewer line. Devaney wants to construct a pool on the subject property that would <br />encroach on the City's easement. <br />2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />encroachment on its easement for the construction of a pool, conditioned upon <br />full access to the backyard. In the event the property owner should construct a <br />fence, it sha11 include the installation of moveable or removeable fence <br />panels/gates that allow a 10'-wide ingress to the backyard/easement. Devaney <br />also hereby grants the City a waiver of trespass to allow any encroachment onto <br />Page 1 of 4 <br />