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Easement Encroachment Agreement <br />This Easement Encroachment Agreement ("Encroachment Agreement") is made this 24th <br />day of September, 2019, by and between Ramsey Station Apartments, LLC, the property owners <br />(hereinafter referred to as the "Owner"), and the City of Ramsey, a Minnesota municipal <br />corporation (hereinafter referred to as the "City"), to provide for the terms of allowing the <br />encroachment of a trash enclosure into the drainage and utility easement on Lot 1, Block 1, <br />Greenway Terrace, Anoka County, Minnesota (the "Property", address "7562 146th Avenue NW, <br />Ramsey, MN 55303"), a depiction of which is attached hereto and incorporated herein as Exhibit <br />A. <br />WHEREAS, Owner is the fee owner of the property; and <br />WHEREAS, Owner has obtained approval from the City to keep a trash enclosure <br />which was constructed within an existing drainage and utility easement on the north side of the <br />parcel; and <br />WHEREAS, the conditions for the City permitting the encroachment include this <br />encroachment agreement specifying the responsibilities of each party. <br />NOW THEREFORE IT IS MUTUALLY AGREED by and between the parties as follows: <br />1. The trash enclosure was constructed a distance of two feet seven inches into the drainage <br />and utility easement. <br />2. The City retains all rights for use of the drainage and utility easement. <br />3. The Owner waives the right to claim damages to the trash enclosure in the event it is <br />damaged by the City while the City is performing maintenance or operating within in the <br />easement. All repair, removal and/or replacement costs will be the Owners <br />responsibility. <br />IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above <br />written. <br />Property Owners City of Ramsey, a Minnesota municipal <br />corporation <br />By: <br />Its <br />By: <br />Its Mayor <br />By: <br />Its City Administrator <br />