Title
Pertaining to an encroachment agreement with 1215 Hawthorne Avenue East to allow the continuation of private use on Board of Water Commissioners land between Hawthorne Avenue East and Orange Avenue East.
Body
WHEREAS, the current property owners, Hank Cu and Ruby Nguyen (“Owners”), of property located at 1215 Hawthorne Ave East, of the city of Saint Paul have requested permission to retain a portion of their dwelling located on Board property, identified with the Property Identification Number 212922440001; and
WHEREAS, Owners acknowledge the encroachment and agree to accept full responsibility for the maintenance and hold the Board of Water Commissioners harmless from all claims that may arise from the existence or maintenance of the portions of the dwelling which encroach onto Board property; and
WHEREAS, staff has prepared an ENCROACHMENT AGREEMENT which sets forth those terms and conditions required by the city attorney’s office for the permission and maintenance of the construction within the encroachment area and Saint Paul Regional Water Services General Manager recommends approval of said Agreement; now, therefore, be it
RESOLVED, that the Board of Water Commissioners hereby approves the Encroachment Agreement with the Owners to provide permission to retain and maintain dwelling structures on Board property in the City of Saint Paul in substantially the form submitted and that the proper officers of the Board are hereby authorized and directed to execute said Encroachment Agreement on behalf of the Board following approval of the assistant city attorney.