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Certify -RES. 12059 (1-12-2023) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss ) CITY OF RICHFIELD ) I, Chris Swanson, being the duly qualified acting city clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that the foregoing is a true and exact copy of Resolution No. 12059. And that the same is on file and on record in my office. Given under my hand and seal This 12rd Day of January, 2023 ______________________________ Chris Swanson Acting City Clerk City of Richfield Hennepin County, Minnesota RESOLUTION NO. 12059 RESOLUTION AMENDING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND PARTNERSHIP ACADEMY LOCATED AT 6500 NICOLLET AVENUE SOUTH WHEREAS, Resolution #11757, passed by the City Council on August 11th, 2020 authorized an encroachment agreement with Partnership Academy in regards to a swingset/playground and paved sport courts located within a utility easement; and WHEREAS, the encroachment agreement governs the use of the easement and the responsibilities of both the City and Partnership Academy as related to the use of the private improvements within the easement; and WHEREAS, Resolution #11970, passed by the city Council on April 12, 2022, authorized a building expansion that included rerouting the existing water main and stormwater utilities, thereby necessitating the rerouting of the easements that cover these utilities; and WHEREAS, the swingset/playground and paved sport courts still encroach upon the new easement areas; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, hereby approves the amended Encroachment Agreement between the City of Richfield and Partnership Academy located at 6500 Nicollet Avenue; and BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2023. Mary B. Supple, Mayor ATTEST: Chris Swanson, Acting City Clerk