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3501 Coahman Pt - Encroachment Agreement Receipt:#437647 3130915 AGREE $46.00 Receipt:#437647 761594 I IIIIIIIIIIIIIIII IIIII IIIII IIIII IIIII IIII IIII AGREE $46.00 NORTHERN NATURAL GAS Recorded on:6/6/2016 8:24 AM - Return to I(IIIII IIIII IIIII IIIII IIII IIIII IIII IIII COMPANY NORTHERN NATURAL GAS 1120 CENTRE POINT DRIVE By:,JAR,Deputy COMPANY Recorded on:61612016 8:24 AM SUITE 400 1120 CENTRE POINT DRIVE MENDOTA HEIGHTS MN Office of the County Recorder SUITE 400 By_JAR,Deputy 55120 Dakota County,Minnesota MENDOTA HEIGHTS MN Cie1{# 134168 Joel T.Beckman,County Recorder 55120 Office of the Registrar of Titles Dakota County,Minnesota Joel T.Beckman,Registrar of Titles Drafted by/Retuin to: Northern Natural Gas Company, 1120 Centre Pointe Drive, Suite 400, Mendota Heights,MN 55120,Attn: Tony Stucchi File No. 15-073 Line&Tract No. MNM 80801-11 ENCROACHMENT AGREEMENT This instrument made and entered into this g day of M A rte,ej ,20IL, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, (hereinafter referred to as"Northern"), with principal offices at 1111 South 103rd Street, Omaha, Nebraska 68124-1000, and the CITY OF EAGAN, (hereinafter referred to as "Owner" whether one or more). I WITNESSETH THAT: WHEREAS, Northern is the holder of an easement granted by Martha DesLauriers, a widow, on the 16d' day of June, 1941, covering the following described premises in Dakota County,Minnesota: The East Half (E1/2) the East Half (E1/2) of the Southwest Quarter (SW1/4), Section 9,Township 27 North,Range 23 West and the East Half (E1/2) of the Northwest Quarter(NWl/4), Section 16, Township 27 North, Range 23 West; and F which easement was recorded the 30`" day of October, 1941, in Book 48 of Miscellaneous at Page431 in the office of the Register of Deeds for Dakota County,Minnesota, and defined to a 66-foot wide strip with Modification and Amendment of Easement Grant executed the 28h day of July, 1983, and recorded the 1St day of September, 1983, as Document No. 632965 in the Office of the County Recorder for Dakota County, Minnesota (hereinafter referred to as "Easement"); and WHEREAS,pursuant to the authority contained in said Easement,Northern has constructed and currently operates and maintains an 12-inch pipeline MNM80801 along with the right to n install additional facilities from time to time (hereinafter refeffelqetMftbc ilities"), across and through the above described premises; and JUN DAKOTA COUNTY TAXATION&RECORDS WHEREAS, Owner is the present owner of the following described real property, with Pipeline Facilities situated upon the following described land in Dakota County, Minnesota (hereinafter referred to as the"Owned Premises"): Lot 1, Block 1, CENTRAL MAINTENANCE ADDITION, within the Northwest Quarter of Section 16, Township 27 North, Range 23 West; and WHEREAS, Owner plans to construct a chain link fence with a gate, storm water management feature, concrete pad, block retaining wall, asphalt parking, concrete curb, and i, concrete stairs (hereinafter referred to as "Encroachment") upon and within a portion of the Q4 confines of Northern's 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 f q p rom 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. -2- ' 1 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. z E. That Owner agrees that the Encroachment shall be constructed according to the requirements and restrictions set forth on Exhibit`B"attached hereto. 2. Owner agrees to indemnify, protect, and hold Northern, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and agents harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit,proceeding,judgment, cost,or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, cause of action, negligence, transaction or omission of Owner in connection with, or incidental to the construction, operation, maintenance, or use of the said Encroachment within, upon or in the vicinity of the Easement Area, or from the operation, maintenance, use or presence of h Northern's Pipeline Facilities upon or in the vicinity of the Encroachment except where such loss, cost, liability, or expense was proximately caused by the negligence of Northern or its employees.It is understood and agreed by the parties that under this Agreement, Owner shall be jointly and severally liable. Said indemnification shall not be deemed a waiver of Owner's tort limits under Chapter 466. 3. Owner agrees that protection of Northern's Pipeline Facilities will be maintained at all times. 4. Should Northern need to remove any of Owner's said Encroachment within its Easement in order to construct, maintain, operate, repair, remove, or resize Northern's existing or additional Pipeline Facilities, Owner or its respective heirs, successors, and assigns shall pay the cost of removing and replacing or reinstalling said Encroachment. In addition, all repair and maintenance work performed by Northern on its existing or additional Pipeline Facilities located on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern shall restore the surface and grade of the Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to Owner's said Encroachment or any associated equipment and facilities that exist within the Easement, and in this regard, Owner hereby releases Northern, its employees,agents, officers, and directors from any and all liability for any such loss or damage. 5. The Parties hereto understand that this Agreement in no way constitutes a waiver by Northern of its rights to enjoy its Easement unencumbered by the construction of said Encroachment within Northern's Easement. 6. It is expressly agreed to by and between the parties hereto that if Owner is in violation of any terms or conditions set forth in this Agreement,Northern, at its option,may terminate this Agreement upon ten (10) days' notice to the Owner. In the event of such termination, Owner shall immediately remove any and all of said Encroachment which may be situated on the Easement, or if Owner fails to remove any and all of said Encroachment, Northern may, at its option,remove said Encroachment at the expense of Owner and without any liability whatsoever. It is further agreed that the failure by Northern to exercise such option as to any such violation shall not constitute a waiver of Northern's future right to exercise such option as to the same or any future violation. -3- 7. The provisions of the Easement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, remain in full force and effect and are not affected hereby except to the extent and in the manner set forth above. 8. Owner agrees to indemnify, defend and hold Northern, its parent and affiliated companies, and the directors, officers and employees of any such corporate entities harmless from and against any liability, damage,claims, loss, cause of action, suit,proceeding,judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees arising from: (1) non- compliance with any laws, regulations and orders applicable to the ownership or the operation and maintenance of the said Encroachment on the Owned Premises described herein, and (2) any incidents, acts,releases,negligence,transactions or omissions,or conditions on or affecting the Easement that would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy or remediate a condition, (iii)give rise to any lien, liability, injunction,order, restriction, claim, expense, damage, fine or penalty, or(iv) adversely affect human health or the environment at or near the Easement. Said indemnification shall not be deemed a waiver of Owner's tort limits under Chapter 466. 9. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED, AND AGREES ANY SUCH ACTIONS MAY NOT IN ANY EVENT BE CONSOLIDATED TOGETHER. This instrument and the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties and the benefits of this Agreement shall run with the land. IN WITNESS WHEREOF,the parties have executed this instrument the day and year first above written. "NORTHERN" "OWNER" NORTHERN NATURAL GAS COMPANY CITY OF EAGAN By: BY: Joseph A Jessen Mike Maguire Title: Agent and Attorney-in-Fact Title: Mayor By: Christina M. Scipioni Title: Clerk -4- STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me,a Notary Public,this 2ikda Y of M LI %/I ,20_L&,by Joseph A.Jessen,Agent and Attorney-in-Fact, for Northern Natural Gas Company,a Delaware corporation, on behalf of the corporation. (SEAL) GENERAL NOTARY-State of Nebraska GAIL L.SPEVAK Notary Public My Comm.Exp.June 8,2M My Commission Expires STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of f rCr 1 , 201 P by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation,on behalf of the municipal corporation. (SEAL) Mnnnn�v► CAROL SUE TUMINI Notary Public Notary Publio-fNinn: to My Commission Expires 1441.3 My�mmieelon E�p(ras JQ1 91,40P1 I w v -5- i Exhibit A (Pg 1 of 3 --t+�G'� - u 1 I I I I J— -- 1— --—1 -- —'— —.'�-- _.---------- IN IN kL ° / 1 i 'J 8 iI -------- I I I I ® B ® ®B I I i ® 0 0 17® 17®® 1B i \ \♦ I / I El I B 8® ©19 ®19 ®® CC]] I I I s 1 / BBB BEl B BB I / I ! I I /• t � I l 1/ 4 !/ a O II i / Z5 I 1 / li I � I 4 Exhibi A (Pg 2,of 3) I �, L N LH gg FR / O n r /' M O M � �/' N N / , T N cli M / .r / / N —� M ^� � r�qa rtil{4 .i�roy• I / . . . . . . . . . . . f T N .11 i8� o / ` M P . . . . . . . . . . . . Exhibit A (Pg 3 of 3) c u 3s N r J.�N u LL al i i m I x • ' J srsn � m • I � 3 I:I i. i 1 z $ ° - lot , a 'La►_ _ � � � � ( I I ii • I 3 I ( I �$ -_- � a g z s z !1 JIM • a I f I i i S ' Ila 8 01. 1 g•.•. z i $�. �.f � Exhibit B(Pg 1 of 2) Northern Natural Gas A BESNSNME i W INAW ENERGY COMPANY jI To: City of Eagan From: Northern Natural Gas Subject: Maintenance Facility Improvements,Eagan,MN Date:1/1412016 EATS#55540 Northern Natural Gas (NNG) engineering has reviewed the preliminary s ite plan p r ovi ded by the City of Eagan, Minnesota for the proposed maintenance facility improvements.The city's plan consists of a new fence,additional paved parking,a bio-filtration feature and three hydrants with a 4-inch water line.The fence in the design will cross the NNG pipeline.NNG has a 66-foot-wide strip easement in the area that is centered on the pipeline. The proposed development will encroach upon an NNG high pressure natural gas main line,the 12-inch-diameter NINM80801 from Minn TBS to Eagan TBS 1 (M464A) in Section 16, Township 27N, Range 23W of Dakota County,Minnesota,near pipeline milepost 2.40. Engineering Notes • New Fencing:NNG engineering approves of the proposed fencing and the access gate.The encroachment guidelines below list the standard recommendations for fences that cross NNG facilities.It should be noted r that all fence posts should be offset at least five feet from NNG pipelines.Additionally,it is recommended that all fencing that runs parallel to NNG facilities maintain at least a 20 foot offset. • Test Stand for Concrete Pad/Bio-Filtration System: To ensure there are no corrosion concerns at the pipe that will be covered by the concrete pad and in close proximity to the bio-filtration system,NNG engineering and field operations recommend the installation of a test stand and reference electrode near the pipe. This will require excavation prior to the construction of the concrete pad. NNG will furnish and install the test station,but will require a safe excavation from the City of Eagan to access the pipeline. Encroachment Guidelines • An NNG representative shall be present at all times when excavation work is being performed within 25 feet of NNG's pipeline.This requirement is per NNG operating procedure OP 80.102,"Damage Prevention Program."The contractor shall provide NNG a Minnesota utility one call ticket with 48 hour notice prior to excavating in the area. • Mechanical excavation is allowed up to 24 inches from the NNG pipeline.Hand excavation or hydrovac excavation is required when excavating 24 inches or closer to NNG's pipeline. • Permanent Structures:Any enclosed structure or building permanent in nature regardless of purpose may not be installed inside the NNG easement and should be installed a minimum of 35 feet from NNG facilities. s • Foreign Utilities: All foreign utilities (water, gas, sanitary, sewer, oil, communication, etc.) must cross NNG's pipelines at or near a right angle with a required minimum of 12 inches of separation.It is preferred that foreign utilities cross under NNG's pipeline where reasonable. Foreign utilities running parallel to NNG facilities must be placed a recommended minimum offset of 30 feet from NNG facilities. • Appurtenances:All above grade appurtenances shall not interfere with ground patrols or leak surveys.All light poles, manholes, signs, trees, shrubs, etc. must be a recommended offset distance of 30 feet from NNG facilities. i i F, Exhibit B(Pg 2 of 2) • Fence Posts:New residential, commercial and industrial fences may not cross pipelines.Fences running parallel to NNG facilities have a minimum recommended offset of 20 feet. o Agricultural fences may cross pipelines provided they cross as close to right angles as practical. Fencing posts shall not be installed within five feet of any NNG pipeline. The first fence post on either side of the pipeline shall be set in a hand dug hole.NNG's right on ingress and egress must be maintained at all times via a nearby 12 foot gate. • Grade Modifications:Earthwork and other grade modification must maintain a minimum of 36 inches of cover(or existing cover if less than 36 inches)over NNG's pipeline after construction in all locations. Grading modifications shall not be designed to impound water above NNG facilities. • Parking Lot and Pavement: NNG recommends a designated 15-feet-wide "green belt" space to accommodate future leak tests.If concrete or asphalt surfaces will extend within the proposed"green belt" space for more than 100 feet over NNG's pipeline,NNG requires automatic sealing testing ports(cast iron valve boxes or approved equivalent)be installed in the proposed parking lot to accommodate regular leak detection surveys by NNG field operations personnel. Testing ports are to be installed 1-2 feet off the centerline of the pipe with a maximum distance of 100 feet between testing ports. • Road Crossings:All road crossings must cross the NNG pipeline at or near a right angle and maintain a minimum of four feet of cover over the pipeline within the roadway and road ditches. Roads running parallel to NNG's facilities must be outside the easement and offset a recommended distance of 25 feet from NNG facilities. • Heavy Vehicle Crossings:NNG engineering requests vehicle specifications for all construction equipment that will be anticipated to cross NNG facilities. NNG engineering shall recommend appropriate crossing protection methods per site if required.Potential crossing protection methods include:additional dirt cover, use of timber/steel plate matting,temporary bridge structures or pipeline reinforcement as required. • Any damages or modifications to NNG's facilities shall be repaired or modified at the expense of the encroaching party.An estimate can be provided by NNG for any modifications or repairs as required. NNG requires that the builder meet the aforementioned encroachment conditions to ensure pipeline integrity and safety during and after construction.NNG Engineering will continue to review any revised construction plans and new proposals as they are developed.