RES 12-30•
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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