7. EDSR 05-08-2006 - Laserfiche WebLink

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ENCROACHMENT AGREEMENT This instrument made and entered into this day of , 2006, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, (hereinafter referred to as "Northern"), with principal offices at P.O. Box 3330, Omaha, Nebraska, 68103-0330, and The Economic Development Authority of the City of Elk River, a Minnesota public Corporation, (hereinafter referred to as "Owner"). WITNESSETH THAT: WHEREAS, Northern is the holder of an Easement granted by D.E. Henderson and Naomi Henderson, husband and wife, on July 20`h, 1965, covering the following described premises in Sherburne County, Minnesota: The South half of the Northwest Quarter (S%zNW'/4) and the Northeast Quarter of the Southwest Quarter (NE'/4SW `/4) and that part of the Southeast Quarter of Southwest Quarter (SE'/aSW'/4) lying North and East of the Railroad Right-of- way all in Section Two (2), Township Thirty-two (32), Range Twenty-six (26); and which Easement was recorded on the 13`h day of August, 1965, as Instrument No. 101600, and defined by a Modification and Amendment of Easement recorded on the 21s` day of November, 1977 as Instrument No. 144842 and further modified by an Addendum to Pipeline Easement recorded on the 18`h day of May, 1984 as Instrument No. 181910; all in the Office of the County Recorder for Sherburne County, Minnesota (hereinafter collectively referred to as "Easement"); and WHEREAS, pursuant to the authority contained in said Easement, Northern has constructed and currently operates and maintains a 3-inch pipeline (MNB67701) and an 8-inch pipeline (MNB67702), along with the right to install additional facilities from time to time (hereinafter referred to as "Pipeline Facilities"), across and through the above described premises; and