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<br />204871v1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />(reserved for recording) <br /> <br />ENCROACHMENT AGREEMENT <br /> <br /> AGREEMENT made this ______day of ____________, 2019, by and between the <br />CITY OF ORONO, a Minnesota municipal corporation ("City"), and BRYAN QUADERER, <br />a single person ("Owner"). <br /> 1. BACKGROUND. Owner is the fee owner of certain real property located in the <br />City of Orono, County of Hennepin, and State of Minnesota, legally described as: <br />Lot 1 and Lot 2, Block 2, Bayside Addition to Lake Minnetonka, <br />with a street address of 235 Crestview Avenue, Orono, Minnesota ("Subject Property"). The <br />City owns a public right of way easement for transportation that abuts the Subject Property, and <br />the City has drainage and utility easements over and adjacent to the Subject Property <br />(collectively, “City’s easements”). Owner desires to construct a private drainage system with <br />rain garden and a retaining wall on the Subject Property which will encroach on the City's <br />easements (collectively, the "Encroachments"). <br />2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />Encroachments on the City's easements except over existing utilities, and subject to the <br />conditions set forth in this Agreement. It is the Owner's obligation to locate the existing utilities