Agenda - Council - 06/25/2013 - Laserfiche WebLink

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ENCROACHMENT AGREEMENT THIS AGREEMENT ("Agreement") is made this the day of , by and between the CITY OF RAMSEY, a municipal corporation under the laws of the State of Minnesota ("City"), and Vasily Vlasyuk, a private individual, its successors and assigns ("Landowner"). RECITALS: WHEREAS, Landowner is the fee owner of the property described as follows: Lot 1, Block 1, RIVER PINES 6m ADDITION (the "Property"); and WHEREAS, the City currently has Drainage and Utility Easements ("Easements") over, under and across a portion of the Property, pursuant to Easements dedicated to the public pursuant to the Plat known as "River Pines 6th Addition" recorded in the Office of the County Recorder, Anoka County, Minnesota, which Easements are shown on Exhibit "A" attached hereto and made a part hereof. WHEREAS, Landowner seeks permission from the City to encroach upon the Easements for the purpose of installing a deck, as shown on Exhibit "B" attached hereto (the "Improvement"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easements by Landowner for the sole purpose of installing a deck. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights granted by the Easements. 3. Landowner shall be responsible for all costs relating to construction, maintenance and repair of the Improvement, including but not limited to, removal of any portion of the deck in the Easements, and shall obtain all permits required by the City for the construction of the Improvement, which shall be constructed by Landowner in accordance with plans and specifications approved by the City ("Plans and Specifications"). 4. Landowner shall at the City's request, repair and/or reconstruct any of the City's public utilities located within the Easements damaged by Landowner, its contractors and/or 94451