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Drafted by/Return to: Northern Natural Gas Company, 1120 Centre Pointe Drive, Suite 400, <br /> Mendota Heights, MN 55120, Attn:Tony Stucchi <br /> File No. 14-034 <br /> Line & Tract No. MNB85801-3 <br /> ENCROACHMENT AGREEMENT <br /> This instrument made and entered into this day of , 20 , <br /> by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, <br /> (hereinafter referred to as "Northern"), with principal offices at 1111 South 103rd Street, Omaha, <br /> Nebraska 68124-1000, and the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> (hereinafter referred to as "Owner"whether one or more). <br /> WITNESSETH THAT: <br /> WHEREAS, Northern is the holder of an easement granted by H.R. Moyer and Martha C. <br /> Moyer on June 25, 1965, covering the following described premises in Sherburne County, <br /> Minnesota: <br /> The Southeast Quarter of the Northwest Quarter and the Northeast Quarter <br /> of the Southwest Quarter, except that portion recorded in Vol. 80, Pg. 376 <br /> of Deeds, containing 1.58 acres more or less, all in Section 11, Township <br /> 32 North, Range 26 West; and <br /> which easement was recorded on August 13, 1965, as Document No. 101606, and defined to a <br /> 75- foot wide strip October 5, 1992, recorded October 7, 1992, as Document No. 267640; all in <br /> the Office of the Recorder for Anoka County, Minnesota(hereinafter 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 12-inch pipeline MNB67701 and a 8-inch <br /> pipeline MNB67702, along with the right to install additional facilities from time to time <br />