4.4. SR 10-06-2014 - Laserfiche WebLink

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(hereinafter referred to as "Pipeline Facilities"), across and through the above described premises; and WHEREAS, Owner is the present owner of the following described real property, with Pipeline Facilities situated upon the following described land in Sherburne County, Minnesota (hereinafter referred to as the "Owned Premises"): Outlot B, NATURES EDGE BUSINESS CENTER, which is part of the Northeast Quarter of the Southwest Quarter and part of the Northwest Quarter of the Southeast Quarter, all in Section 11, Township 32, Range 26, Sherburne County, Minnesota. WHEREAS, Owner plans to perform site grading, build up a pond, construct two roads, sanitary sewer lines, storm drain lines, and water lines (hereinafter referred to as "Encroachment") upon and within a portion of the confines of Northern's 75-foot wide Easement as depicted on Exhibit "A", with this written consent; and WHEREAS, Owner has been advised by Northern that Northern is a natural gas transmission company and that Northern operates a high pressure underground natural gas pipeline through the Owned Premises; and WHEREAS, Owner has requested permission from Northern to maintain, use, and enjoy the Encroachment upon a portion of Northern's Easement and in close proximity to Northern's Pipeline Facilities; and WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth as follows. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. Northern hereby grants permission to Owner to maintain, operate and use upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said Encroachment, subject to the following conditions: A. That Owner assumes all risks for damages, injuries, or loss to either property or persons, which may be incurred by Owner or its respective agents, invitees, or licensees present on or in the vicinity of the Easement and in any way associated with said Encroachment. B. That the permission granted herein is limited exclusively to the proposed Encroachment within Northern's Easement. Owner shall not alter the grade or permit such alteration anywhere on the land upon which Northern has reserved its easement rights, without the prior express written consent of Northern. C. That Owner shall at all times conduct all its activities on said Easement in such a manner as not to interfere with or impede the operation of Northern's Pipeline Facilities and activities in any manner whatsoever. D. That Owner shall not plant any trees or shrubs within the confines of Northern's Easement without the prior express written consent of Northern. -2-