2021.09.20 CC Packet - Laserfiche WebLink

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ENCROACHMENT AGREEMENT THIS AGREEMENT is made this ____ day of _______________, 2021, by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Mayleigh and Otho Farrow, 6175 135th Street North, Hugo, MN 55038 (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the southerly portion of the Owner’s property, which property is legally described as Lot 6, Block 5, BIRCH TREE PONDS 2ND ADDITION, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1.Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. The property owner shall be responsible for locating property lines to ensure the fence is on their property. 2.No plantings, trees, permanent improvements or structures other than the fence may be maintained or placed in the easement area. 3.Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4.The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5.The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner