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RESOLUTION 12- <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT <br />BETWEEN THE CITY OF ELK RIVER AND NORTHERN NATURAL GAS <br />COMPANY IN NATURE'S EDGE BUSINESS CENTER <br />WHEREAS, the City of Elk Ri~rer is beginning Phase I of infrastn~cture impro~rements for <br />its city-owned Nature's Edge Business Center; and <br />WHEREAS, Northern Natural Gas Compan~r is the holder of an easement across Nature's <br />Edge Business Park granted b~ H.R. ~Io~er and Martha C. ~Io~er, husband and wife, on the <br />~~r'' da of June, 196, co~Tering the premises as outlined in the attached Encroachment <br />agreement; and <br />WHEREAS, the cit<r is de~Teloping a business park on the premises and will be <br />constructing certain improvements within the Easement as outlined in the attached <br />Encroachment agreement; and <br />WHEREAS, the cit<r has requested permission from Northern to maintain, use, and enjo~r <br />the Encroachment upon a portion of Northern's Easement and in close prozimit~ to <br />Northern's Pipeline Facilities; and <br />WHEREAS, Northern is willing to grant such permission upon the terms and conditions <br />set forth in the attached Encroachment agreement; ~u~d <br />WHEREAS, Northei-~~ and the city acl~~owledge that Nature's Edge Business Center <br />de~-elopment will require additional encroachments on Northern's Easement for pri~-ate <br />dri~-ewa~r and parking facilities; and <br />WHEREAS, Northern agrees to work with the city and to enter into Future encroachment <br />agreements to facilitate such de~-elopments. <br />NOW, THEREFORE, BE IT RESOLVED that the 1la~ror and the City- Clerk of the <br />Cit<~ of Elk Ri~-er are herebir authorized to approve the Encroachment agreement between <br />Northern Natural Gas Company- and the Cit<- of Elk Ri~-er in the form presented at this <br />meeting. <br />Passed and adopted this 9`'' dam of July 2012. <br />John J. Dietz, ~Ia~ror <br />_~TTEST: <br />Tina Allard, City Clerk <br />N:'Public Bodiee t'itc Counal~~.Counal RCS, ~~enda Paget 0 U~) 2U 13~~.~.~ Resolution 12 _L~ NNG Encroadiment~i~ceementdoc <br />