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ENCROACHMENT AGREEMENT <br />THIS AGREEMENT is made this day of , 2017, by and between <br />the CITY OF HUGO, a Minnesota municipality (hereinafter "City") and James Webb and Amy <br />Webb, husband and wife (hereinafter "Owners"), and their successors in title. <br />WHEREAS, the City has an easement for drainage and utility purposes (the "Easement") <br />along the northwesterly portion of Owners' property, which property is legally described as Lot <br />3, Block 4, Creekview Preserve, Washington County, Minnesota; and, <br />WHEREAS, Owners are desirous of constructing a deck partially within the easement <br />area; and, <br />WHEREAS, the City will permit the placement of a deck in the area described herein <br />subject to the terms and conditions hereof. <br />NOW, THEREFORE, in consideration of the premises and for good and valuable <br />consideration, the receipt of which is acknowledged, the City will permit the encroachment on its <br />easement as set forth herein and subject to the conditions set forth below: <br />1. Owners and their successors in title may install and maintain a deck within the <br />Easement, and the deck shall not be installed or maintained more than five (5) feet into the <br />easement. The deck will be constructed in accordance with city approved plans. <br />2. No plantings, trees, permanent improvements or structures other than the deck <br />may be maintained or placed in the easement area. <br />3. Owners shall maintain the deck in good repair and shall not permit it to be <br />expanded, lengthened or to impair the City's easement or its rights thereunder in any respect. <br />-1- <br />