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Councilmember LeTourneau introduced the following resolution and moved for its adoption: <br />RESOLUTION #14 -07 -139 <br />RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR AN <br />EXISTING DETACHED ACCESSORY STRUCTURE PARTIALLY LOCATED WITHIN <br />A DRAINAGE AND UTILITY EASEMENT AT 15351 MARMOSET ST NW AND <br />DECLARING TERMS OF SAME <br />WHEREAS, Mark A. and Beverly A. Junghans, hereinafter referred to as the "Applicant," <br />have requested an Encroachment Agreement for an existing detached accessory structure (the <br />"Structure ") that partially encroaches upon a drainage and utility easement (the "Easement ") on <br />the property generally known as 15351 Marmoset St NW and legally described as follows: <br />Lot 3, Block 8, Whispering Pines Estates, Anoka County, Minnesota <br />(the "Subject Property "). <br />WHEREAS, the City of Ramsey (the "City ") processed an application for and issued a <br />building permit for the Structure in 1992; and <br />WHEREAS, the Structure was constructed in the location indicated in a site plan that <br />accompanied the application for the 1992 permit; and <br />WHEREAS, in July of 2014, the current owner of the Subject Property applied for a <br />building permit to modify but not expand the Structure, which is when the partial encroachment <br />of the Easement by the Structure was revealed; and <br />WHEREAS, there are currently no public utilities present in the Easement and there are <br />no plans to extend public utilities through the Easement; and <br />WHEREAS, the City Engineer has found that the Structure will not negatively impact the <br />drainage in the Easement; and <br />WHEREAS, the Encroachment Agreement will allow the City to utilize the Easement <br />should there be a need to install public utilities in the future. <br />WHEREAS, City Council reviewed the request on July 22, 2014. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br />1. That, contingent upon the Applicant entering into an Encroachment Agreement with the City, <br />the Applicant may continue to use and maintain the Structure, at its current size and <br />dimensions, in accordance with the terms and conditions contained within the Encroachment <br />Agreement. <br />