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ENCROACHMENT AGREEMENT ENCROACHMENT AGREEMENT ("Agreement") made this day of ,2004, by andbetween the City of Roseville, a Minnesota municipal corporation ("City"); and ("Owner"). 1. BACKGROUND. The Owner is the fee owner of certain real property located in the City of Roseville, County of Ramsey, State of Minnesota, legally described on the attached Exhibit " A("Subject Property"). The City owns an easement for sewer mains, pipes and appurtenances that is 30 feet in width over part of the Subject Property, as legally described in that certain easement document dated April 11, 1960, and filed on May 20, 1960, as Document Number 1510612 in the Ramsey County Recorder's Office (the "Storm Sewer Easement"), which Storm Sewer Easement is currently in use for a storm sewer line. In addition, the Owner is in the process of replatting the Subject Propert� as Lots 1 through 18 inclusive, Block 1, Applewood Pointe of Arona 3r Addition, and intends to dedicate that portion of the Subject Property to be replatted as Lot 18 as a drainage and utility easement (the "Drainage and Utility Easement", and together with the Storm Sewer Easement, the "City Easements"). The Owner wishes to construct a driveway on the Subject Property that would encroach on the City Easements, and also wishes to construct a retaining wall on the Subject Property that would encroach upon the Drainage and Utility Easement. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on the City Easements for the construction and maintenance of a driveway, and of the encroachment on the Drainage and Utility Easement of a retaining wall. Owner shall provide a detailed drawing, or drawings, of the location, size and design of the driveway and the retaining wall to the City Engineer prior to construction. Such drawing(s) shall be done to the satisfaction of the City Engineer, or her designee. Construction of the driveway and the retaining wall shall be done as shown in the drawing(s) and approved by the City Engineer, or her designee. If the owner fails to obtain the approval of the City Engineer before constructing the driveway and/or the retaining wall, the City may commission the preparation of such drawings, require removal of existing construction, and construct the driveway and/or the retaining wall pursuant to the commissioned drawings approved by the City Engineer; the Owner shall be responsible for all these costs Encroachment Agreement Page 1 of 3