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1 <br /> <br />ENCROACHMENT AGREEMENT <br /> <br /> <br /> THIS AGREEMENT is made this _______ day of ___________, 2024, by and between the <br />City of Hugo, a Minnesota municipality (hereinafter “City”) and Schwieters Properties <br />(hereinafter “Owner”), and their successors in title. <br /> WHEREAS, the City owns a dedicated right-of-way for street purposes, as described <br />on Exhibit A hereto; <br /> WHEREAS, Owner is desirous of installing and maintaining thereon, according to <br />plans approved by the City, ________________ approved by the City in the space specified <br />by the City (as shown on Exhibit B) (“The Improvements”). <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 <br />encroachment of its right-of-way as set forth herein and subject to the conditions set <br />forth below: <br /> 1. Until otherwise stated by the City, Owner and their successors in title may <br />place and maintain The Improvements within that portion of the right-of-way area <br />described on Exhibits A and B in accordance with plans and specifications approved by <br />the City Engineer subject to the terms hereof. <br /> 2. Subject to the direction of the City, Owner shall maintain The Improvements <br />in good appearance and repair and shall not permit it to be expanded, lengthened or to <br />impair the City’s right-of-way or its rights thereunder in any respect. <br /> 3. The encroachment granted hereby is subject to the existing right-of-way <br />rights of the City.