HomeMy WebLinkAbout07K New Oltman Middle School Final Plat PERMANENT EASEMENT
FOR STORM SEWER
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
CONTINUED
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B-2
PERMANENT EASEMENT
FOR STORM SEWER
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
CONTINUED
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B�/.r
PERMANENT EASEMENT
FOR STORM SEWER
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
CONTINUED
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_�ivi�� jl���nn-�;n -�nnni�ivn
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C]C, �
B-�
PERMANENT EASEMENT
FOR STORM SEWER
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
CONTINUED
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O c, �
B-2
PERMANENT EASEMENT
FOR STORM SEWER
FOR OUTLOT C,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Outlot C,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
3 o I O
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„�1v��._� ;y;i �v�-J��� _���v�r_:/vv o
'V�� -
c� ��:
�
B-1
PERMANENT EASEMENT
FOR STORM SEWER
FOR OUTLOT C,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for storm sewer purposes and all such purposes
ancillary, incident or related thereto (hereinafter "Permanent Easement") under,
over, across, through and upon Landowner's Property, which is legally described
and depicted on Exhibit B (hereinafter the "Permanent Easement Area") attached
hereto and incorporated herein by reference. The Permanent Easement rights
granted herein are forever and shall include, but not be limited to, the construction,
maintenance,repair and replacement of any storm sewer and any underground storm
sewer pipes and all facilities and improvements ancillary, incident or related thereto
under, over, across, through and upon the Permanent Easement Area. The
Permanent Easement rights further include, but are not limited to,the right of ingress
and egress over the Permanent Easement Area to access the Permanent Easement for
the purposes of construction, maintenance, repair and replacement of any storm
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Outlot C,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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C
B-1
PERMANENT EASEMENT FOR WATERMAIN AND SANITARY SEWER
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT ("Easement") is made, granted and conveyed this
day of , 2016, between Independent School District 833, a Minnesota
public corporation, ("Landowner") and the City of Cottage Grove, a municipal corporation
organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENT
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
1. A permanent nonexclusive easement for watermain and sanitary sewer purposes and
all such purposes ancillary, incident or related thereto (hereinafter "Permanent
Easement") under, over, across, through and upon Landowner's Property, which is
legally described and depicted on Exhibit B (hereinafter the"Permanent Easement
Area") attached hereto and incorporated herein by reference. The Permanent
Easement rights granted herein are forever and shall include, but not be limited to,
the construction, maintenance,repair and replacement of any watermain and sanitary
sewer and any underground storm sewer pipes and all facilities and improvements
ancillary, incident or related thereto under, over, across, through and upon the
Permanent Easement Area. The Permanent Easement rights further include, but are
not limited to, the right of ingress and egress over the Permanent Easement Area to
access the Permanent Easement for the purposes of construction, maintenance,
repair and replacement of any watermain and sanitary sewer and any underground
watermain and sanitary sewer pipes and all facilities and improvements ancillary,
incident or related thereto under, over, across, through and upon the Permanent
Easement Area.
1
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area substantially to the grade that existed prior to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area or the Landowner's Property prior to
the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement herein to the City.
[the remainder of this page has been intentionally left blank]
2
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
4
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
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B-�
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA
CONTINUED
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B-2
PERMANENT EASEMENT AND
TEMPORARY EASEMENT FOR WATERMAIN
FOR LOT 1,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT AND TEMPORARY EASEMENT ("Easement") is
made, granted and conveyed this day of , 2016, between Independent
School District 833, a Minnesota public corporation, ("Landowner") and the City of Cottage Grove,
a municipal corporation organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENTS
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
l. A permanent nonexclusive easement for underground watermain and above ground
valve, hydrant and control mechanism purposes and all such purposes ancillary,
incident or related thereto, including the installation of any appurtenances and casing
pipes related thereto (hereinafter "Permanent Easement") under, over, across,
through and upon Landowner's Property, which is legally described and depicted on
Exhibit B (hereinafter the "Permanent Easement Area") attached hereto and
incorporated herein by reference. The Permanent Easement rights granted herein
shall include but not be limited to enter upon the Permanent Easement Area at all
reasonable times for the purposes of construction, reconstruction, inspection, repair,
replacement, grading, sloping, and restoration relating to the purposes of this
Easement, maintain the Permanent Easement Area, any City improvements and any
underground pipes, conduits, or mains, together with the right to excavate and refill
ditches or trenches for the location of such pipes, conduits or mains, remove from
the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and
other obstructions interfering with the location, construction and maintenance of the
pipes, conduits, or mains and to deposit earthen material in and upon the Permanent
1
Easement Area. Further, the City shall have the right to remove or otherwise
dispose of all earth or other material excavated from the Permanent Easement Area
as the City may deem appropriate.
2. A temporary nonexclusive easement for grading, sloping and construction and
ingress, egress and access purposes related to the construction and installation of an
underground watermain and above ground valve, hydrant and/or control mechanism
and all such purposes ancillary, incident or related thereto, including the installation
of any appurtenances and casing pipes related thereto (hereinafter "Temporary
Easement") under, over, across, through and upon that real property identified,
legally described and depicted on Exhibit B (hereinafter the "Temporary
Easement Area") attached hereto and incorporated herein by reference. The
Temporary Easement rights granted herein shall include, but not be limited to, the
construction, maintenance, inspection, repair, replacement, grading, sloping, and
restoration relating to any ingress, egress and access to the Landowner's Property,
and all facilities and improvements ancillary, incident or related thereto, under, over,
across, through and upon the Temporary Easement Area. Further, the City shall
have the right to remove from the Temporary Easement Area trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location,
construction, maintenance or operation of the Temporary Easement Area and to
deposit earthen material in and upon the Temporary Easement Area.
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area and the Temporary Easement Area substantially to the grade that existed prior
to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area, Temporary Easement Area or the
Landowner's Property prior to the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
2
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement and Temporary Easement herein to the City.
5. The Temporary Easement shall expire on
6. The Landowner, for itself and its successors and assigns, grants an access easement
over Landowner's Property for purposes ancillary, incident and related to this
Easement.
[the remainder of this page has been intentionally left blank]
3
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
4
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
5
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot l, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT
AND TEMPORARY EASEMENT AREAS
The Temporary Easement shall expire on
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B-�
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT
AND TEMPORARY EASEMENT AREAS
CONTINUED
3ow
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B-�
PERMANENT EASEMENT AND
TEMPORARY EASEMENT FOR WATERMAIN
FOR LOT 2,BLOCK 1,NEW OLTMAN MIDDLE SCHOOL
This PERMANENT EASEMENT AND TEMPORARY EASEMENT ("Easement") is
made, granted and conveyed this day of , 2016, between Independent
School District 833, a Minnesota public corporation, ("Landowner") and the City of Cottage Grove,
a municipal corporation organized under the laws of the State of Minnesota("City").
The Landowner owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A("Landowner's Property").
A. EASEMENTS
The Landowner in consideration of the sum of One Dollar and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
l. A permanent nonexclusive easement for underground watermain and above ground
valve, hydrant and control mechanism purposes and all such purposes ancillary,
incident or related thereto, including the installation of any appurtenances and casing
pipes related thereto (hereinafter "Permanent Easement") under, over, across,
through and upon Landowner's Property, which is legally described and depicted on
Exhibit B (hereinafter the "Permanent Easement Area") attached hereto and
incorporated herein by reference. The Permanent Easement rights granted herein
shall include but not be limited to enter upon the Permanent Easement Area at all
reasonable times for the purposes of construction, reconstruction, inspection, repair,
replacement, grading, sloping, and restoration relating to the purposes of this
Easement, maintain the Permanent Easement Area, any City improvements and any
underground pipes, conduits, or mains, together with the right to excavate and refill
ditches or trenches for the location of such pipes, conduits or mains, remove from
the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and
other obstructions interfering with the location, construction and maintenance of the
pipes, conduits, or mains and to deposit earthen material in and upon the Permanent
1
Easement Area. Further, the City shall have the right to remove or otherwise
dispose of all earth or other material excavated from the Permanent Easement Area
as the City may deem appropriate.
2. A temporary nonexclusive easement for grading, sloping and construction and
ingress, egress and access purposes related to the construction and installation of an
underground watermain and above ground valve, hydrant and/or control mechanism
and all such purposes ancillary, incident or related thereto, including the installation
of any appurtenances and casing pipes related thereto (hereinafter "Temporary
Easement") under, over, across, through and upon that real property identified,
legally described and depicted on Exhibit B (hereinafter the "Temporary
Easement Area") attached hereto and incorporated herein by reference. The
Temporary Easement rights granted herein shall include, but not be limited to, the
construction, maintenance, inspection, repair, replacement, grading, sloping, and
restoration relating to any ingress, egress and access to the Landowner's Property,
and all facilities and improvements ancillary, incident or related thereto, under, over,
across, through and upon the Temporary Easement Area. Further, the City shall
have the right to remove from the Temporary Easement Area trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location,
construction, maintenance or operation of the Temporary Easement Area and to
deposit earthen material in and upon the Temporary Easement Area.
EXEMPT FROM STATE DEED TAX
B. GENERAL PROVISIONS
l. The City shall indemnify, defend and hold harmless the Landowner from all claims,
costs, damages and expenses arising from the City's negligent exercise of its rights
under this Easement, or arising from any violation of this Easement by the City. The
City, after any work contemplated hereunder, shall restore the Permanent Easement
Area and the Temporary Easement Area substantially to the grade that existed prior
to the work.
2. The City shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys' fees and losses resulting from any claims, actions,
suits, or proceedings based upon a release or threat of release of any hazardous
substances, petroleum, pollutants, and contaminants which may have existed on, or
which relate to, the Permanent Easement Area, Temporary Easement Area or the
Landowner's Property prior to the date hereof.
3. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Landowner, itself or its successors or assigns, shall be subject to any governmental
immunity defenses of the City and the maximum liability limits provided by
Minnesota Statute, Chapter 466.
4. The Landowner, for itself and its successors and assigns, do hereby warrant to and
2
covenant with the City, its successors and assigns, that it is well seized in fee of the
Landowner's Property described on Exhibit A and the Permanent Easement Area
described and depicted on Exhibit B that it has good right to grant and convey the
Permanent Easement and Temporary Easement herein to the City.
5. The Temporary Easement shall expire on
6. The Landowner, for itself and its successors and assigns, grants an access easement
over Landowner's Property for purposes ancillary, incident and related to this
Easement.
[the remainder of this page has been intentionally left blank]
3
IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Mayor Myron Bailey
By:
City Clerk Joseph Fischbach
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this day of , 2016, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Joseph Fischbach to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
4
LANDOWNER:
INDEPENDENT SCHOOL DISTRICT NO. 833
By:
Printed Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was executed this day of , 2016, by_
, the of Independent School District No.
833, a Minnesota public corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY
AFTER RECORDING,PLEASE RETURN TO:
Korine L.Land,#262432
LeVander, Gillen, &Miller,P.A.
633 South Concord Street, Suite 400
South St.Paul,MN 55075
(651)451-1831
5
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY
Real property situated in the City of Cottage Grove, County of Washington, State of Minnesota,
legally described as:
Lot 2, Block l,New Oltman Middle School
A-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT
AND TEMPORARY EASEMENT AREAS
The Temporary Easement shall expire on
Nom
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EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PERMANENT
AND TEMPORARY EASEMENT AREAS
CONTINUED
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