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ENCROACHMENT AGREEMENT 708 EAST STREET W I T NE S SE T H : NO. 55 2 3 7 8 CT THE REQUEST OF: ?7hoenu WHEREAS, CI TY is the owner of the public property described as Street right-of-way; and WHEREAS, OWNER is the exclusive and sole owner of the premises commonly known as 708 East Street; and, WHEREAS, OWNER desires to encroach upon CI TY's Street right-of-way for the purpose of constructing a private three foot (3 high fence approximately fourteen and one half feet (14.5') into such Street right-of-way contiguous with and along 56.25 feet (56.25') of frontage of OWNER'S property as shown on Exhibit A; and WHEREAS, CI TY is willing to allow such encroachment only to the extent set out herein; N OW, THEREF ORE, CITY and OWNER hereby agree as follows: 1. Description. CITY will permit OWNER to maintain the following described encroachment(s) upon CITY right-of-way to the extent and in the manner described below: A. Premises. CI TY owned property described as Street right-of-way contiguous with and along the south side of frontage of OWNER'S property at 708 East Street. B. Encroached Space. The portion of CI TY's right-of-way (as defined in l.A., above) upon which 0 WNER will encroach by construction of a three foot high fence described herein, all as shown on Exhibit to this Encroachment Agreement, the same as if fully copied, transcribed, and adopted therein. 2. Use. OWNER shall have the right and privilege to utilize only the above-ground Encroached Space for any lawful purposes (including, but not limited to, the presence of a three foot fence located approximately fourteen and one half feet (14.5') into the Street right-of-way. 3. Cleanliness. OWNER agrees that said Encroached Space shall be kept in good repair and in a neat, safe and sanitary condition and that the Encroached Space shall be utilized in a manner so as not to endanger the safety or property of others. ENCROACHMENT AGREEMENT- CITY AND 708 EAST STREET PAGE 1 OF4 2D\2 ·