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File No.:
<br />Line & Tract no.:
<br />ENCROACHMENT AGREEMENT
<br />This instrument made and entered into this day of , 2006,
<br />by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation,
<br />(hereinafter referred to as "Northern"), with principal offices at P.O. Box 3330, Omaha,
<br />Nebraska, 68103-0330, and The Economic Development Authority of the City of Elk River
<br />("EDA"), a Minnesota public Corporation, (hereinafter referred to as "Owner").
<br />WITNESSETH THAT:
<br />WHEREAS, Northern is the holder of an Easement granted by D.E. Henderson and Naomi
<br />Henderson, husband and wife, on July 20rh, 1965, covering the following described premises in
<br />Sherburne County, Minnesota:
<br />The South half of the Northwest Quarter (S%zNW'/a) and the Northeast Quarter
<br />of the Southwest Quarter (NE%<S W'/4) and that part of the Southeast Quarter of
<br />Southwest Quarter (SE'/4SW'/<) lying North and East of the Railroad Right-of-
<br />way all in Section Two (2), Township Thirty-two (32), Range Twenty-six (26);
<br />and
<br />which Easement was recorded on the 13th day of August, 1965, as Instrument NO. 101600, and
<br />defined by a Modification and Amendment of Easement recorded on the 21st day of November,
<br />1977 as Instrument No. 144842 and further modified by an Addendum to Pipeline Easement
<br />recorded on the 18th day of May, 1984 as Instrument No. 181910; all in the Office of the County
<br />Recorder for Sherburne County, Minnesota (hereinafter collectively referred to as "Easement");
<br />and
<br />WHEREAS, pursuant to the authority contained in said Easement, Northern has
<br />constructed and currently operates and maintains a 3-inch pipeline (MNB67701) and an 8-inch
<br />pipeline (MNB67702), along with the right to install additional facilities from time to time
<br />(hereinafter referred to as "Pipeline Facilities"), across and through the above described
<br />premises; and
<br />WHEREAS, Owner is the present owner of the following described real property, with
<br />Pipeline Facilities situated upon the following described land in Sherburne County, Minnesota
<br />(hereinafter referred to as the "Owned Premises"):
<br />Lot I, Block 1, NORTHSTAR BUSINESS PARK, being part of the NE'/4SW%<
<br />and that part of the SE'/aSW'/4 lying North and East of the Railroad Right-of-way
<br />of said Section 2, Township 32, Range 26;
<br />WHEREAS, Owner acknowledges that O'Brien Holdings, Inc. ("O'Brien"), the owner of
<br />Lot 2, Block 1, plans to construct a hard surface driveway (hereinafter referred to as
<br />"Encroachment") upon and within portions of the confines of Northern's 75-foot wide Easement
<br />as depicted on Exhibit "A", with this written consent; and
<br />Document Prepared by/Returned to: Northern Natural Gas Co., ATTN: ROW Dept., 1650 W. 82ntl St., Bloomington, MN 55431
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