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199882v2 1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />(reserved for recording information) <br /> <br />ENCROACHMENT AGREEMENT <br /> <br /> <br /> AGREEMENT made this ____ day of _____________, 201__, by and between the <br />CITY OF ORONO, a Minnesota municipal corporation (“City”), and JAMES CASSENS and <br />KIMBERLY CASSENS, husband and wife (“Owners”). <br /> 1. BACKGROUND. Owners are the fee owners of certain real property located in <br />the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: <br /> Parcel ID No. 02-117-23-31-0057 <br />Lots 8, 9, 16 and 17, Block 13, “Minnetonka Bluffs” <br /> (torrens property) <br /> <br />having a street address of 570 Orono Orchard Road South, Wayzata, Minnesota 55391 (“Subject <br />Property”). The Owners have created a second access for ingress and egress to the Subject <br />Property by grading and adding gravel (“Improvement”), which encroaches upon the City’s right- <br />of-way, located at the rear of the Subject Property connecting to Barrett Avenue. Owners desire to <br />keep the Improvement which encroaches in the City’s right-of-way area located within the Subject <br />Property as depicted on the sketch attached hereto as Exhibit “A”. <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />encroachment of the Improvement within its right-of-way easement on the Subject Property subject