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File No.: 12-019 <br />Line & Tract No.: MNB 67701-7 <br />ENCROACHMENT AGREEMENT <br />This instrument made and entered into this day of 2012, <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 CITY OF ELK RIVER, a Minnesota muiucipal corporation <br />(hereinafter referred to as "Owners" whether one or more). <br />WITNESSETH THAT: <br />WHEREAS, Owners are the present Owners of the real property located in Sherburne <br />County, Minnesota, described in Exhibit "A" attached hereto and, by tlus reference, made a part <br />hereof (hereinafter referred to as the "Owned Premises"); and <br />WHEREAS, Northern is the holder of an easement across the Owned Premises granted <br />by H. R. Moyer and Martha C. Moyer, husband and wife, on the 25th day of June, 1965, <br />covering the following described premises in Sherburne County, Minnesota: <br />The Southeast Quarter of the Northwest Quarter (Se'/4NW'/4) Section Eleven (11), <br />Township Thirty-two (32) North, Range Twenty-Six (26) West and the Northeast <br />Quarter of the Southwest Quarter (NE'/4SW'/4) except that portion recorded in <br />Volume 80, Page 376 of Deeds, containing 1.58 acres more or less, Section <br />Eleven (ll), Township Thirty-two (32) North, Range Twenty-six (26) West. <br />which easement was recorded the 13th day of August, 1965, as Document No. 101606 in the <br />Office of the Register of Deeds for Sherburne County, Mimlesota, and was defined to a 75-foot <br />wide strip of land by a Modification and Amendment of Easement Grant recorded on the 18ti' <br />day of May, 1984, as Document No. 181916 in the Office of the County Recorder for Sherburne <br />County, Minnesota (hereinafter referred to as "Easement"); and <br />WHEREAS, pursuant to the authority contained in said Easement, Northern has <br />constricted and currently operates and maintains an 8-inch pipeline and a 12-inch pipeline along <br />with the right to install additional pipelines and facilities from time to time (hereinafter referred <br />to as "Pipeline Facilities") across and through the above described premises; and <br />WHEREAS, Owners are developing a business park on the Owned Prenuses and will be <br />constricting certain improvements within the Easement, including a public street to be lalown as <br />