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• • • RESOLUTION 12-30 A RESOLUTION OF THE CITY OF ELK RIVER BETWEEN THE CITY OF ELK RIVER AND NORTHERN NATURAL GAS COMPANY IN NATURE'S EDGE BUSINESS CENTER A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT WHEREAS, the Cit<- of Elk River is beginning Phase I of infrastructure improvements for its cit<--owned Nature's Edge Business Center; and WHEREAS, Northern Natural Gas Company is the holder of an easement across Nature's Edge Business Park granted by H.R. )\Io~-er and Martha C. 'Moyer, husband and rife, on the 25`~ day of June, 1965, covering the premises as outlined in the attached Encroachment Agreement; and WHEREAS, the city is developing a business park on the premises and will be constructing certain improvements within the Easement as outlined in the attached Encroachment Agreement; and WHEREAS, the city has requested permission from Northern to maintain, use, and enjoy the Encroachment upon a portion of Northern's Easement and in close pro~u~zity to Northern's Pipeline Facilities; and WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth in the attached Encroachment Agreement; and WHEREAS, Northern and the city acknowledge that Nature's Edge Business Center development will require additional encroachments on Northern's Easement for private driveway and parking facilities; and WHEREAS, Northern agrees to work with the city and to enter into future encroachment agreements to facilitate such developments. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk of the City of Elk River are hereby authorized to approve the Encroachment Agreement between Northern Natural Gas Company and the City of Elk River in the form presented at this meeting. Passed and adopted this 9~' day of July 2012. ATTE T: C Tina Allard, City Clerk J J• D~ ~~ MaY N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-09-2012\4.4 Resolution 12-XX NNG Encroachment agreement.doc