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(Reserved for Recording Data) <br />DRIVEWAY ENCROACHMENT AGREEMENT <br />THIS DRIVEWAY ENCROACHMENT AGREEMENT (this "Agreement"), made this day <br />of , 2023, by and between Rodney N. Decker and Michelle L. Decker, <br />husband and wife and hereinafter referred to as the "Owner", and Jay M. McDonald and Carol <br />A. McDonald, husband and wife and hereinafter referred to as the "Permittee". <br />WHEREAS, the Owner is the fee title owner of certain real property situated in the City <br />of Ramsey, Anoka County, State of Minnesota, legally described as Lot 2, Block 2 Alpaca Estates <br />2nd Addition (the "Owner Property"); and <br />WHEREAS, the Permittee is the fee title owner of certain real property situated in the <br />City of Ramsey, Anoka County, State of Minnesota, legally described as Lot 1, Block 2 Alpaca <br />Estates 2nd Addition (the "Permittee Property"); and <br />WHEREAS, the Permittee wishes to continue to utilize an existing driveway (the <br />"Existing Driveway"), consisting partially of asphalt and partially of class V gravel, that branches <br />off the driveway on the Permittee Property and leads to and around an existing detached <br />accessory structure, also on the Permittee Property; and <br />WHEREAS, the Existing Driveway partially encroaches onto the Owner Property as <br />depicted on Exhibit 1. <br />NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for <br />the good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Owner and Permittee hereto agree as follows: <br />1. The Permittee shall be solely responsible for maintaining the Existing Driveway in a safe <br />condition at all times. <br />2. The Owner may terminate this Agreement by written notice, if the continued use of the <br />Existing Driveway by the Permittee interferes with Owner's present or future objectives <br />of the Owner Property. <br />