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4. <br /> ENCROACHMENT AGREEMENT <br /> Qfot <br /> AGREEMENT made this ✓ day of February, 2017, by and between the CITY OF ORONO, a <br /> Minnesota municipal corporation ("City"), and Michael R. Shields and Janelle K. Shields <br /> ("Owners"). <br /> BACKGROUND. Owners are the fee owners of property with a street address of 364 West Lake <br /> Street, City of Orono, County of Hennepin, and State of Minnesota and legally described as: <br /> Lot 9; and that part of Lots 10, 11 and 12, Block 1, Hillside Park, together with that part <br /> of the vacated alley adjoining said Lot 12,lying East of a line described as commencing at <br /> the Northwest corner of said Lot 10;thence on an assumed bearing of North 89 degrees 57 <br /> minutes 07 seconds East along the North line of said Lot 10 a distance of 307.00 feet to <br /> the point of beginning of the line to be described; thence on a bearing of South to the <br /> shoreline of Lake Minnetonka and said line there terminating. ("Subject Property"). <br /> 1. The City owns an easement for drainage and utility purposes over part of the <br /> Subject Property. Owners have constructed a retaining wall on the Subject Property which <br /> encroaches on the City's easement(the "Encroachment"). <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> Encroachment on the City's easement, provided however,the City may, to accommodate any public <br />