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AGREEMENT made this J!!�! day of L 1 , 2016, by and between the <br />CITY OF ORONO, a Minnesota municipal corporation ("City"), and Mr. James R. Krey <br />("Owner"). <br />1. BACKGROUND. Owner is the fee owner of property with a street address of <br />2560 Old Beach Road, Orono, Minnesota legally described as: Lot 25, "Shore Hills" and located <br />in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property"). The <br />City owns a right of way easement for transportation, drainage and utility purposes over part of <br />the Subject Property. Owner wants to construct a retaining wall on the Subject Property which <br />would 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. The Owners <br />agree that all work performed on the Subject Property shall be inspected and approved by the <br />City Engineer and in accordance with the City Codes. The Owners shall be responsible for all <br />costs associated with the retaining wall. The Owners shall be responsible for the maintenance <br />of the retaining wall. <br />