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ENCROACHMENT AGREEMENT <br /> AGREEMENT made this (o day of 4- z'riJ ,2013,by and between the <br /> CITY OF ORONO,a Minnesota municipal corporatiofi("City"),and Justin D. &Alyssa T. <br /> Kanive("Owner"). <br /> 1. BACKGROUND. Owner is the fee owner of property with a street address of <br /> 950 Willow View Drive legally described as: <br /> Lot 6, Block 3, Willow View <br /> and located in the City of Orono,County of Hennepin,and State of Minnesota("Subject <br /> Property"). The City owns an easement for drainage and utility purposes over part of the Subject <br /> Property. Owner has constructed a fire pit and seating area on the Subject Property which would <br /> encroach on the City's easement(the"Encroachment"). <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to <br /> locate the existing utilities prior to commencing construction of the Encroachment. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's easement,Owner,for itself,its successors and assigns,hereby agrees to <br /> indemnify and hold the City harmless from any damage caused to the Subject Property,in whole or <br /> in part,by the encroachment onto the City's easement. <br /> 164774 1 <br />