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File No.: 12-019 ,~,
<br />Litre & Tract No.: MNB 67701-7
<br />E'~CROACH'~ZENT AGREE'~ZENT
<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 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY
<br />OF ELK RIVER, a Minnesota public corporation (hereinafter referred to as "Owners").
<br />WITNESSETH THAT:
<br />WHEREAS, the Owners are the present Owners of the real property located in Sherburne
<br />County, Minnesota, described in Exhibit "A" attached hereto and, by this 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 (Sel/NW1/) Section Eleven (11),
<br />Township Thirty-two (32) North, Range Twenty-Six (26) West and the Northeast
<br />Quarter of the Southwest Quarter (NE1/SW'/) except that portion recorded in
<br />Volume 80, Page 376 of Deeds, containing 1.58 acres more or less, Section
<br />Eleven (11), 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, Minnesota, and was defined to a 75-foot
<br />wide strip of land by a Modification and Amendment of Easement Grant recorded on the 18tH
<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 />constructed 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, the Owners are developing a business park on the Owned Premises and will
<br />be constructing certain improvements within the Easement, including a public street to be known
<br />as 170th Lane, with storm sewer, sanitary sewer, watermain and concrete curb and gutter and
<br />additional hard surface driveway and parking areas (hereinafter referred to as "Encroachment")
<br />upon and within a portion of the confines of Northern's Easement, as partially shown on Exhibit
<br />"A" attached hereto and, by this reference, made a part hereof, with this written consent; and
<br />WHEREAS, the Owners have been advised by Northern that Northern is a natural gas
<br />transmission company and that Northern operates a high pressure underground natural gas
<br />pipeline within the Easement through the Owned Premises; and
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