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08-10 Resolution No. 11757 RESOLUTION NO. 11757 RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND PARTNERSHIP ACADEMY LOCATED AT 6500 NICOLLET AVE S WHEREAS,an 18" cast iron water main was installed along 65th St in 1963; in 1982, 65th St was realigned as part of the HUB construction, while the existing water main remained in place underneath the HUB property; and WHEREAS, a utility easement was dedicated over the water main at the time of construction in 1982; and WHEREAS, Resolution No. 11526 passed by the City Council on July 24, 2018, authorized a Conditional Use Permit allowing construction of a K-8 school known as Partnership Academy; and WHEREAS, the approved site plans called for a landscaped play area over the utility easement, which did not require an encroachment agreement;and WHEREAS,subsequently, a swingset/playground was constructed within the utility easement and Partnership Academy requested approval for construction of paved sport courts, both of which require an encroachment agreement; and WHEREAS, the encroachment agreement shall govern Partnership Academy's permitted use of the easement and the responsibilities of both the City and Partnership Academy as related to the private improvements within the easement. NOW, THEREFORE, BE ITRESOLVEDby the City Council of the City of Richfield, Minnesota, that the Encroachment Agreement between the City of Richfield and Partnership Academy located at 6500 Nicollet Ave S is authorized. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August,2020. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk