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Resolution 5871
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Resolution 5871
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12/13/2016 9:14:32 AM
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Resolutions
Resolution Number
5871
Date
2/21/2007
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utilities, plumbing and electrical systems, paths, amphitheaters, benches, play areas, signage and <br /> parking areas). <br /> 1.3. Wetland & Habitat Conservation Areas <br /> OM hereby grants, transfers and conveys to the City perpetual and exclusive easement (the <br /> "Conservation Easement") on, over, under and upon that certain real property more particularly <br /> described in Exhibit C-3 (the "Conservation Easement Area") and any improvements located <br /> thereon. <br /> 1.4. Main Road <br /> Within five (5) business days of the Grant Date, OM shall execute and deliver to the City an <br /> easement in substantially the form attached hereto as Exhibit D-2, which agreement shall grant, <br /> transfer and convey to the City perpetual and exclusive easement (the "Main Road Easement") <br /> on, over, under and upon that certain real property more particularly described in Exhibit C-4 <br /> (the "Main Road Easement Area") and any improvements located thereon (including, without <br /> limitation, streetlights; pedestrian and vehicular traffic lights, signs and markings; sidewalks; <br /> storm water collection, treatment and outfall systems; watermains; and public utilities). <br /> 1.5. Public Road <br /> Within five (5) business days of the Grant Date, OM shall execute and deliver to the City an <br /> easement in substantially the form attached hereto as Exhibit D-3, which agreement shall grant, <br /> transfer and convey to the City perpetual and exclusive easement (the "Public Road Easement") <br /> on, over, under and upon that certain real property more particularly described in Exhibit C-5 <br /> (the "Public Road Easement Area") and any improvements located thereon (including, without <br /> limitation, streetlights; pedestrian and vehicular traffic lights, signs and markings; sidewalks; <br /> storm water collection, treatment and outfall systems; watermains; and public utilities). <br /> 3. Use of the Easement Areas <br /> The Public Trail Easement Area, Public Gathering Space Easement Area, Wetland <br /> Conservation Easement Area, Main Road Easement Area and Public Road Easement Area shall <br /> be collectively referred to herein as the "Easement Areas." The City shall have and enjoy the <br /> Easement Areas for the public purposes set forth in Exhibit E and for any other public purpose <br /> that may be determined from time to time by the City. OM shall not access or use the Easement <br /> Areas for any use or purpose inconsistent with the rights granted herein. OM shall not make any <br /> alterations or install any improvements on the Easement Areas without the City's prior written <br /> consent. <br /> 3. Improvements <br /> J-2 <br /> 06107-0063/LEGAL13023969.1 <br />
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