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2008-324
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2008-324
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WHEREAS, the County, the Credit Union and Elwill can mutually benefit each other <br /> through a joint effort or coordination, accomodation and cooperation. <br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, <br /> covenants and premises hereinafter, the Parties agree as follows : <br /> 1 ) The above recitals are affirmed as being true and correct and are thereby incorporated <br /> herein. <br /> 2) To accommodate treatment of stormwater runoff, the County will plan, engineer, permit <br /> and construct a stormwater retention pond of sufficient size to treat runoff from the <br /> widening of Oslo Road. The location of the pond will be directly north of the Elwill <br /> property as shown on Exhibit B attached. <br /> 3 ) In exchange for eproximately 6,500 cubic yards one W of the material excavated from <br /> the County' s pond site, (fill) the Credit Union will convey to the County a perpetual <br /> fifteen ( 15) foot drainage easement along the westernmost border of the Credit Union' s <br /> property. In exchange for @,proximately 10,000 cubic yards one 1€ of the materi <br /> 4 <br /> excavated from the County' s pond site, (fill), Elwill will convey to the County a <br /> perpetual fifteen ( 15 ) foot drainage easement along the westernmost border of the Elwill <br /> property. With respect to the drainage easement, the Parties further agree that: <br /> a. The County will permit the Credit Union and Elwill to use the property subject to <br /> the drainage easement as part of the Credit Union' s and Elwill ' s required <br /> landscape buffer areas . <br /> b. The County will cause to be installed a 30 to 36 inch pipe approximately 6 to 8 <br /> feet deep in the drainage easement. Both the Credit Union and Swill agree to <br /> convey to the County a 15 foot temporary construction easement directly east of <br /> the drainage easement in order for the installation of the drainage pipe. Credit <br /> Union and Elwill shall be entitled to a copy of construction plans upon their r <br /> request. <br /> a In the event that the drainage pipe should need to be maintained, repaired or <br /> replaced requiring the removal of any landscaping, irrigation equipment, walls or <br /> fencing installed in the drainage easement, the County will be responsible for <br /> replacement of same. <br /> d. The Parties agree to supply each other' s engineers with any needed drawings, <br /> surveys, sketches or legal descriptions necessary for construction of the drainage <br /> facilities . <br /> e. The County will place the excavated material from the pond site onto the Credit <br /> Union and Elwill sites at locations directed by the owners but in compliance wi <br /> tree protection and land development etw ordinance requirements. All parti <br /> agree that the County is only responsible for placing and spreading the excavated <br /> material on the Elwill and Credit Union sites and is not responsible for grading or <br /> 2 <br />
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