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ENCROACHMENT AGREEMENT <br /> <br /> THIS AGREEMENT is made this ____ day of _______________, 2022, by and between the <br />CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Kalpana and Tyler <br />Schaubschlager, 5859 128th Bay North, Hugo, MN 55038 (hereinafter “Owner”), and their <br />successors in title. <br /> WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) <br />along the northerly and easterly portion of the Owner’s property, which property is legally described <br />as Lot 5, Block 1, WILDERNESS VIEW, Washington County, Minnesota; and, <br /> WHEREAS, Owner is desirous of constructing a fence partially within the easement area; <br />and, <br /> WHERAS, the City will permit the placement of a fence in the area described herein subject <br />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. Owner and their successors in title may install and maintain a fence within the <br />Easement, and the fence shall be constructed in accordance with the plans on file with the City of <br />Hugo. The property owner shall be responsible for locating property lines to ensure the fence is on <br />their property. <br /> 2. No plantings, trees, permanent improvements or structures other than the fence may <br />be maintained or placed in the easement area. <br /> 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, <br />lengthened or to impair the City’s easement or its rights thereunder in any respect. <br /> 4. The encroachment granted to Owner herein is subject to the existing easement rights <br />of the City as granted in various easements.