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C� <br />J <br />11 <br />• <br />CONSENT OF ENCROACHMENT <br />THE CITY OF CHARLOTTESVILLE, hereinafter City, and RALPH AND <br />MARY ANNE ENGEL, hereinafter Owner, hereby agree that Owner may <br />erect a wooden fence on their property, identified as Parcel 42 on <br />City Real Property Tax Map 21, and more commonly known as 2223 Hill <br />Street, which will extend nine (9) feet into the right-of-way on <br />Hill Street, as shown on the attached plat of B. Aubrey Huffman 4 <br />Associates, Ltd., dated April 20, 1989. <br />The City hereby states to Owner that it has no current <br />objection to the encroachment. Owner agrees that in the event the <br />City should need to improve or widen Hill Street, or to place <br />improvements therein, owner will remove the encroachment after <br />sixty (60) days notice from the City. In the event Owner refuses <br />to remove the encroachment, the City will be entitled to remove it <br />and to charge the cost thereof to the Owner. <br />Owner further agrees to hold the City harmlessfrom any <br />liability or damages caused to it or to any other party using Hill <br />Street by reason of the encroachment. Each of the parties agree <br />that the encroachment of the fence does not affect in any way the <br />title rights of the other party, except as set out herein. <br />IN WITNESS WHEREOF, the City has caused its name to be signed <br />hereto by its duly authorized representative, and witness the <br />signatures of the Owner. <br />/o'ZgZ" <br />Date <br />Dates <br />CITY OF CHARLOTTESVILLE <br />Mayo <br />OWNER,r/..,/ <br />Ralph E. Engel <br />Mary AnBe Engel f <br />