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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 16th day of October, 2023 by and between the CITY OF <br />HUGO, a Minnesota municipality (hereinafter “City”) and, Adelaide Landing Master Association, a <br />Minnesota nonprofit organization (hereinafter “Owners”), and its successors in title. <br /> WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) <br />along easterly portion of the Owner’s property, which is legally described as: <br />See attached Exhibit A <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.