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Councilmember introduced the following resolution and moved for its adoption: <br />RESOLUTION #14-06-115 <br />RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR AN <br />EXISTING DECK LOCATED PARTIALLY WITHIN A DRAINAGE AND UTILITY <br />EASEMENT AT 5590 148TH LANE NW AND DECLARING TERMS OF SAME <br />WHEREAS, Susan J. Larson, Tanya M. Bartlett -Maul, and Matthew A. Maul, hereinafter <br />referred to as the "Applicant," have requested an Encroachment Agreement for an existing deck <br />(the "Deck") that partially encroaches upon a drainage and utility easement (the "Easement") on <br />the property generally known as 5590 148th Lane NW and legally described as follows: <br />Lot 2, Block 2, Ramsey Commons 2nd Addition <br />(the "Subject Property"). <br />WHEREAS, the City of Ramsey (the "City") processed an application for and issued a <br />building permit for the Deck in 1995; and <br />WHEREAS, there is no evidence of a site plan indicating where the Deck was to be <br />constructed on the Subject Property; and <br />WHEREAS, in May of 2014, the current owner of the Subject Property applied for a <br />building permit to install a stairway on the Deck, which is when the partial encroachment of the <br />Easement by the Deck was revealed; and <br />WHEREAS, the City Engineer has found that the Easement can still function with the <br />partial encroachment of the Deck; and <br />WHEREAS, City Council reviewed the request on June 24, 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 Deck, at its current size and dimensions, <br />in accordance with the terms and conditions contained within the Encroachment Agreement. <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />and upon vote being taken thereon, the following voted in favor thereof: <br />and the following voted against the same: <br />and the following abstained: <br />and the following were absent: <br />