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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />ENCROACHMENT AGREEMENT <br /> <br /> <br /> THIS AGREEMENT is made this 18th day of September, 2023 by and between the CITY OF <br />HUGO, a Minnesota municipality (hereinafter “City”) and, Nick Heinle, Prairie Homes, LLC, <br />(hereinafter “Owner”), and their successors in title. <br /> WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) <br />along the southerly, westerly, northerly, and easterly portion of the Owner’s property, which is <br />legally described as: <br /> <br />Lot 10, Block 3, Victor Gardens East, Washington County, Minnesota.; and, <br /> <br /> WHEREAS, Owner is desirous of constructing a window well and a fence within the <br />easement area; and, <br /> WHERAS, the City will permit the placement of a window well and a fence in the area <br />described herein 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: