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(Drafted by & when filed return to: Magellan Pipeline Company, L.P., P. 0. Box 22186, MD 27 -2 (S. Guthrie), Tulsa, Oklahoma 74121 -2186, <br />918/574 - 7350.) <br />ENCROACHMENT AGREEMENT <br />This Encroachment Agreement ( "Agreement ") is made and entered into by and between <br />Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is P.O. Box <br />22186, Tulsa, Oklahoma, 74121 -2186, (hereinafter called "Magellan "), and City of Little <br />Canada, a Minnesota municipality, whose mailing address is 515 Little Canada Road E, Little <br />Canada, Minnesota 55117, its successors, assigns and grantees (hereinafter called "City "). <br />WITNESSETH: <br />WHEREAS, City represents and warrants that City owns the right to construct a bituminous foot <br />trail on all the certain land (hereinafter "Subject Land "), described on attached Exhibit "A" and <br />made a part hereof; and <br />WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances <br />(hereinafter referred to as the "Magellan Facilities ") and easement rights therefor, (hereinafter <br />referred to as the "Easement ", whether or not rights were granted in one or more documents or <br />acquired by operation of law). For purposes of this Agreement only, "Magellan's Easement <br />Tract" shall be considered to be any area within Fifty (50) feet of any Magellan Facilities, <br />unless a different right of way tract width is specifically described in the Easement, in which <br />case such specified width shall define Magellan's Easement Tract. The land referenced in the <br />Easement includes a portion of the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 'A) <br />of Section 7, Township 29 North, Range 22 West, Ramsey County, Minnesota, pursuant to those <br />certain instruments recorded in the records of said county and state and described as follows: <br />1) Right of Way Agreement as to a pipe line or pipe lines dated April 22nd, 1931, <br />from Kathrina Demont and Nicholas Demont Jr., wife and husband, in favor of <br />Great Lakes Pipe Line Company (Magellan's predecessor in title), its successors <br />and assigns, and filed for record in Book 893 at Page 542 of the Ramsey County <br />Deed Records; and <br />1 <br />Encroachment Agreement EA -F ling — 3 -28 -05 — ","react 3324 Ramsey County, MN - Agent DM /.113 - Project 05 -029 <br />