Item 5.1-5.2 r(? A.(
Item # 5.1.
City of , MEMORANDUM
Elk River
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner ;�4
DATE: September 26, 2000
SUBJECT: Northstar Corridor Plan
At Tuesday's meeting the Planning Commission will be asked to submit a formal
recommendation to the City Council regarding the Northstar Corridor
Development Authority's (NCDA) Advanced Corridor Plan. The Council on
October 16th will adopt a resolution that either approves the Plan without
comments, approves the Plan with conditions or disapproves the Plan with
amendments needed to withdraw its disapproval. Representatives from the
NCDA staff will be at Tuesday's meeting to answer any questions; the public has
• also been invited to offer comments. Please bring your copies of the Advanced
Corridor Plan to Tuesday's meeting. If any of the Commissioners need a new
copy, please give me a call.
•
S:\PLANNING\SCOTT\NCDAPC26.DOC
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763)441-7425
pk/ A.
( ITEM 5.2
• -:-.'
MEMORANDUM
City of v w TO: PLANNING COMMISSION
Elk ,,. River FROM: STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR S'k
DATE: SEPTEMBER 26, 2000
SUBJECT: CONDITIONAL USE PERMIT FOR
METRO WIND, LLC
CASE # CU 00-35/P.H.
Request
Metro Wind, a Minnesota based company, is proposing to construct a wind turbine with a
maximum capacity of 660 kW. Wind turbines are a conditional use in the A-1/
Agricultural Zone.
Attachments
Vicinity map, site plan, and narrative supplied by Metro Wind.
Site
The proposed site for the wind turbine, owned in trust by Ernest and Doris Toth, is zone
III
A-1/Agricultural. The site is open and without wetlands. A vicinity map and legal
description of the property are included in the information supplied by Metro Wind,
which is attached to this memo. The site is located just east of US Trunk Highway 169
north of 225th Avenue.
Staff's Review
Metro Wind has done a good job of describing their wind turbine in their narrative. The
turbine will set atop of a tubular monopole with access through the center via a secured
door. The associated transformer will be in a fenced enclosure. No trees or wetlands will
are required to be disturbed for the construction of the wind turbine. When one of the
three blades is pointing upward, the maximum height is 237 feet.
The wind turbine will roughly produce enough electricity for 75 to 100 homes a year,
depending on how windy it is. Elk River Municipal Utilities (ERMU) will wheel the
electricity (carry it through their transmission lines) and it will ultimately be part of
Northern States Power's "Green Power" efforts. ERMU already has the necessary
transmission lines in the area of the wind turbine.
A warning siren is needed in the general area of the proposed wind turbine. The Elk
River Fire Department is working with Metro Wind regarding hanging this siren on the
wind turbine's tower.
Ill
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425
City staff along with Metro Wind held a meeting at the proposed wind generator site with
adjacent property owners on July 25, 2000. Issues and concerns raised at this meeting
III include:
Noise—The new generation of wind turbines are relatively quiet. The noise
generated is proportionate to the speed of wind. The wind tends to mask the
sound of the wind turbine.
Birds—Groups like the Audobon Society have expressed concerns regarding the
effects of wind generators on birds. It is staff's understanding that this concern
originated when wind turbines were placed on top of grid type towers. Pigeons
and other birds would use these structures to nest and raptors would dive in to
catch them and be hit by the wind turbine's blades. Metro Wind's propose wind
turbine will set on top of a monopole, eliminating any nesting areas.
Property Values—This is always a hard issue to talk definitively about. All
property values in Elk River, no matter what is in the general area, have been
increasing significantly. Small single-family lots with city sewer that are
adjacent to structures similar to the wind turbine, water towers, have not had their
property values suffer. The area where the wind turbine is proposed is quit rural,
so it should be even less of a factor than a water tower in the urban area of the
city.
Safety—One safety issue that was not brought up in Metro Wind's narrative is
the issue of the wind turbine collapsing. The wind turbine's tower is design to
III
collapse onto itself, not tip over.
Energy City
As you are probably aware, the City of Elk River has been designated as Energy City by
Minnesota's energy industries. Energy City was created to act as a geographical focal
point for demonstrating renewable energy and energy efficient technologies, services, and
products. Metro Wind is a significant partner in Energy City. By choosing Elk River to
locate a wind turbine they hope to demonstrate that, even on the low end of the
commercial wind resource, wind power can still make economic sense.
Diversifying our sources of energy is an important push by both the Minnesota
Department of Commerce and the US Department of Energy. Wind is a clean logical
source of energy.
Recommendation
Staff recommends approval of Metro Wind's request, conditioned on the wind turbine
and associated facilities being constructed as presented in their application.
III
CONDITIONAL USE PERIMIT REQUEST
• METRO WIND,LLC
INTRODUCTION
Metro Wind LLC ("Metro Wind") is a Minnesota limited liability company which
proposes to construct and install one commercial size wind energy turbine on a parcel of land
described as that portion of the West %, SE '/,, Section 3, Township 33 North, Range 26 West of
the Fifth Principal Meridian, lying north and westerly of 225`h Street (the "Site"). Metro Wind is
applying for a conditional use permit to construct and operate the turbine and related facilities for
a period of 30 years after construction is complete and the turbine becomes operational. Metro
Wind is submitting the required application and fees; ten sets of drawings depicting the site and
the proposed facilities; and this discussion of the information required by Section 900.42 of the
Elk River Zoning Ordinance.
I. THE DEVELOPER
Metro Wind is an affiliate of Northern Alternative Energy, Inc. ("NAE"), a Minnesota
company headquartered in Minneapolis, which develops, owns and operates commercial wind
energy facilities. In Minnesota, NAE owns and operates two large windfarms in Lincoln County
with a combined capacity of 23.13 megawatts (MW) and a 600 kilowatt (kW) facility in
Marshall. NAE also operates projects in Iowa and has constructed projects for others in
• Wyoming and Wisconsin. Through affiliates, NAE is constructing 32.91 MW of new wind
generation this year in Minnesota. NAE was selected in April by Northern States Power
Company ("NSP") to construct an additional 50 MW of wind generation and 300 MW of natural
gas generation in 2001. Among wind developers in the United States,NAE is not the largest,but
is of medium size and growing at a moderately rapid rate.
NAE was founded in 1992 by Greg Jaunich, who remains President. Since its creation,
NAE has added professional accounting, project management and engineering capabilities, and
has established relationships with outside experts to assist in construction (M.A. Mortenson
Company, Inc.) and environmental analysis and permitting (HDR Engineering, formerly known
as Braun Intertec). Mr. Jaunich serves on the Board of Directors of the American Wind Energy
Association (AWEA), and AWEA recently recognized NAE's accomplishments by bestowing it
with an award for Outstanding Commercial Achievement.
NAE's purpose as a company is to promote the environmentally responsible development
of wind energy facilities in order to increase the use of wind energy as a component of the
country's power supply resources. By doing so, NAE hopes to provide significant
environmental benefits by replacing other forms of electric generation which create pollutants
and other adverse environmental impacts. In the course of developing its wind facilities,NAE is
also committed to avoiding adverse environmental impacts to the fullest extent practicable and to
cooperation with landowners and local residents to minimize concerns and impacts.
•
• II. THE PROPOSED PROJECT
A. Summary Description
Metro Wind's proposed project will consist of one wind turbine with a nameplate
capacity of 660 kW, which could be characterized as a medium-sized turbine. The turbine is a
V-47 model manufactured by Vestas, a Danish manufacturer which is a longstanding turbine
manufacturer and the largest such manufacturer in the world. The turbine is located on top of a
freestanding steel enclosed tubular tower which, in turn, is attached to a concrete foundation
buried below grade. A small pad-mounted transformer typically is located adjacent to the
turbine foundation pad. An access road for maintenance purposes will be constructed between
the turbine and public road. The power generated by the turbine is transmitted from the
transformer through underground electric lines to a point of interconnection with lines owned by
Elk River Municipal Utilities ("ERMU"). ERMU will then transmit the energy to transmission
system facilities owned by Great River Energy and, ultimately, to NSP. Metro Wind has entered
into a power purchase agreement with NSP pursuant to which NSP agrees to buy the entire
output of the wind turbine. Metro Wind will install the equipment needed to interconnect the
turbine with ERMU's system and operate the turbine in a manner which will not adversely affect
the operation of ERMU's system or ERMU's customers.
B. The Project Site
• Metro Wind selected the Site for development due to the quality of the wind resource at
the Site and its location in an area currently occupied by similar industrial and commercial uses.
The Site is part of a parcel owned by a trust for the benefit of Ernest and Doris Toth(Toth Trust).
Maps depicting the Site and its characteristics are included with this application. The bulk of the
Toth property south of the Site has been used for gravel mining and related purposes for many
years, and is currently being mined by Bauerly Brothers pursuant to an Agreement for Issuance
of Conditional Use Permit dated June 23, 1997. The Site lies immediately north of the gravel
mining activities across 225th Street, and is about 2.5 acres in size. ERMU maintains a
distribution line south of and adjacent to 225th Street into which the Metro Wind project will
connect.
The Site is currently vacant and occupied by brush and wooded area. There are no
structures or improvements on the Site. Until recently, the Site was subject to Bauerly Brothers'
lease for mining with the landowners and was permitted for that use. There are no wetlands on
the Site, or any other protected or endangered species or land use. The Site is zoned A-1, which
permits wind generators in areas zoned in this manner.
The construction and operation of the Project will result in limited changes to the Site.
The turbine will be located at a point shown in map A-2 at the top of a small knoll. The turbine
is set back from the Site boundaries as far as practicable, and the access road will connect with
225th Street as shown on map A-3. Lines from the turbine will be buried to the point where they
cross 225th Street to intersect with ERMU lines within ERMU's existing easements. See map A-
• 2. Once construction is complete, only about .5 acres will be occupied by turbine and wind
2
facilities, and the balance of the Site will remain unaffected. Elevations at the Site and its
• drainage characteristics will be unchanged. There will be no lighting at the turbine except to the
extent a light on the blade tips or at the top of the turbine nacelle is required by the Federal
Aviation Administration. No signage is planned. No curb and gutter is required.
Parcels surrounding the Site include pasture and the gravel mine to the south and east;
cultivated fields to the north and east; and a single-family residence on a parcel immediately
west of the Site. The residence is approximately 500 feet due west of the turbine. See Appendix
A-2.
C. Other Environmental Impacts
Several other issues are commonly raised when wind turbines are sited, each of which
has been extensively studied and each of which is addressed below.
1. Noise. Turbines create noise during operation. The Vestas V-47 does not
create any problematic tones. In addition, with an adequate setback from
receptors, as here, no perceptible increase in noise should occur beyond the Site.
The turbine is expected to operate within all applicable Minnesota Pollution
Control Agency noise regulations.
2. View. The turbine will be visible from a considerable distance. The height of
the tower and turbine at the hub of the turbine rotors will be about feet. The
• rotor diameter, the diameter of the area swept by the turbine's three blades, is
about 154 feet. While the tower, turbine and blades will be painted relatively
unobtrusive colors, the facility will be visible. Public perceptions of such turbines
often conflict. Some persons do not appreciate the view; others appreciate what
the turbine represents. In any event, there is a limit to the mitigation opportunities
for addressing this issue.
3. Wildlife. There has been a considerable amount of research with respect to the
tendency of wind turbines to increase mortality among birds who collide with the
turbines. Studies have been conducted worldwide at a large number of wind
facilities. In Minnesota, an extensive five-year study of turbines and their effect
on bird populations was recently concluded, focusing on the Buffalo Ridge area in
Lincoln and Pipestone Counties which currently contains over 300 turbines. In
that area, with a large resident bird population and significant migration activity,
it was concluded that no significant increase in avian mortality had occurred. In a
more densely populated area such as that surrounding the Site, a similar result is
expected. No other wildlife should be affected.
4. Emissions. There are no emissions, releases or discharges from normal
operation and maintenance activities.
5. Decommissioning. The power purchase agreement with NSP has a scheduled
• term of 30 years, ending by approximately December 31, 2030. At that time,
•
3
Metro Wind is obligated under the terms of its lease with the Toth Trust, to
.
remove all facilities aboveground and to remove the foundation and other below
grade improvements to a depth of four feet below grade. See Appendix C.
6. Safety. The supporting tower is made of smooth steel with a steel entry door
at the base through which operation and maintenance personnel enter. When not
in use, the access door will be locked and secured. There is no other means of
climbing or scaling the tower. Other exposed facilities will be fenced or
otherwise secured to prevent damage or accidental or intentional access.
CONCLUSION
Metro Wind believes its proposed facility is compatible with other existing and zoned
uses for the Site and surrounding areas, and utilizes and improves an otherwise vacant parcel
unlikely to be developed. No material adverse environmental effects are expected. A
conditional use permit is respectfully requested for this environmentally beneficial facility.
August 73 2000A.-
Em �
. aulson
` argren,Meyer&Paulson,P.A.
7311 Ohms Lane, Suite 360
• Minneapolis,MN 55439
(952) 844-9033
Attorneys for Metro Wind, LLC
•
4
• APPENDICES
APPENDIX A Site Maps and Diagrams
1. Existing Site—General Location
2. Site—Existing Uses and Turbine Location
3. Site—Proposed Wind Facilities
APPENDIX B Turbine Dimensions and Specifications
APPENDIX C Lease Excerpts
APPENDIX D List of Property Owners Within 350 feet of Site
•
•
5
APPENDIX A
•
SITE MAPS AND DIAGRAMS
1. Existing Site—General Location
2. Site—Existing Uses and Turbine Location
3. Site—Proposed Wind Facilities
•
•
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APPENDIX B
•
TURBINE DIMENSIONS AND SPECIFICATIONS
•
•
va7�ao kW V4 7-660/2C
•
11 .
ROTOR ACTUAL MEASUREMENTS
ON A VESTAS 660 KW
Diameter: 47 m 47 m WIND TURBINE WITH
Swept area: 1.735 m2 1.735 m2
1e. RPM: 28.5 26/20 OPTISLIP®
Number
base of of blades: 3
ghtning 3 WIND SPEED (M/S)
Power regulation:Pitch/OptiSlip° Pitch/OptiSI 20
; for our Air broke: Full-feathering Full-featherin
Light. la
TUBULAR TOWER la
•
14
Hub height
(approx.). 40,455055 m 4045-50556 12
10
OPERATING DATA
Start-up wind PITCH ANGLE (°�
spm' 4 m/s 3 5 16
Optimal operating /
wind speed 14
(660 kWJ(: 15 m/s
Cutout wind
•
speed: 25 m/s
16 m/s 12
25 m/s
GENERATOR 10
TIME
Large generator: Asynchronous Asyncmhronous.s
Nominal
with OptiSlip• with OptiSlip GENERATOR (RPM)
PME
1 a50
power output: 660 kW 660 kW I620
•
•
Operating dote: 50/60 Hz 50 Hz
690 V 690 V lsvo
•
1.515- 1.515- 1560
1.650 RPM 1.650 RPM 1530
(50 Hz)
1.818- 1500
1.980 RPM TIME •
(60 Hz)
Isis . Small generator:
the NAsynchronous POWER (KW)
ominal
•
700
leo- power output: 200 kW
aoo
ouch Operating data: 50 Hz 500
Ides, 690 V 400
'h 1.500- 300
1.516 RPM 200
:ed TRANSMISSION 100
type o
Y.
Type: Planet/ Planet/ TIME
des parallel parallel '
si- • shafts shafts .
r
s CONTROL
The new generator design allows a
etas T variation in the rotational sped of up •'
2e YPe: Microprocessor based to 10`Y. This flexibility significantly
monitoring of all turbine reduces mechanical strain and
functions, plus OptiSlip• prevents undesirable fluctuation on
in
• T y
. J r
2 VERSIONS LIGHTNING . j
The standard V47-660 kW is a single PROTECTION
• generator version, and highly efficient The V47-660 kW turbine is protected,
under most wind conditions. However, from the tips of its blades to the base of
4.�+� Vestas con also supply a dual generator the tower, by the Vestos Total Lightning
version. Up to wind speeds of 7 m/s this Protection. For more details, ask For our
uses the smaller of the two generators, special brochure on Vestos Total Light-
which means not only operating with a Hing Protection.
reduced noise level in conditions where
this is important, but also an efficient
exploitation of winds of low speeds.
OPTITIe . ‘.
As with all turbines From ..\':. '-��''•
Vestas, the r .:
660 kW is equipped with the micropro- 4°' •,sp--
cessorcontrolled OptiTip•pitch-regulation a•' - .: ,
•
•
system, which constantly regulates the :rzy4a.- ����� !` blades so that they are always tilted to
/ the optimal angle for current wind condi- 6 ;11,00r
• .•s'0"
tions. O till " "a� VA.,.
p p makes it possible to find ,•.' ':yt a r e
the right balance between moximum pro- ' h; s44.
duction and minimum noise level. �''
•• w' .i" r j�yy� So
III OPTISLIe
,, • t
4 .
As mentioned above, the V47.660 kW r -
turbine is fined with the unique OptiSlip• .
generator system. The system allows both • t; .,,. : . r
the rotor and the generator to vary their % •
rpm by up to 10%during violent gusts of '"_'`'� .• . ,^ '' --
wind. OptiSlip•therefore not only mini-
mises wear and tear on the turbine, but
also improves the quality of the supply of FLEXIBLE BLADES
electricity produced.
Vestos always measures and runs tests
on all of its products right down to the
smallest detail before anything is relea-
sed For general sole. The same approach
CALCULATED POWER CURVE
Effect(kW) AIR DENSITY 1.225 KG/M3
has been adoptedfor the flexible blades,
which have been through a six-month
• V47-660 kw V47:660/200 kw dynamic vibration test under extreme
700 strain. These test conditions reproduced
600 ..-- I a greater level of stress on the prototype
'
60turbine than would be exerted in o
0
20-year active life. After this, the blades
400 I were tested in o static test in their poli-
° tion of maximum curvature and under
1,00
maximum strain. The prototype blades
200 j passed the various tests, allowing Vestos
100 i to start production of a new blade type
0 / that will go on to make a signiflcarrtt ' • • 1
APPENDIX C
•
LEASE EXCERPTS
•
•
413970
Land Lease and Wind Easement
• This Land Lease and Wind Easement ("Lease") is made on December»;'1 1999 between
Richard Toth, Trustee of the Irrevocable Trust of Ernest J. Toth and Doris Toth dated August 15,
1985 and Ernest J. Toth and Doris Toth, husband and wife, trustors (collectively hereinafter
"Lessor"), and Metro Wind LLC, a Minnesota limited liability company (hereinafter "Lessee").
Lessor and Lessee mutually agree as follows:
ARTICLE I. Premises
Section 1.1 General
(a) Lessor leases to Lessee and Lessee leases from Lessor the real property legally
described in Exhibit A attached hereto (the "Premises") for the sole purpose of
constructing, installing, operating and maintaining wind energy conversion
turbines, supporting structures, foundations and pads, footings, electrical
transformers, fixtures, electric distribution and transmission lines, access roads,
interconnection facilities and related facilities and equipment (hereinafter "Wind
Facilities") on the Premises to the extent set forth in this Lease.
(b) Lessee shall use the premises only for the construction, installation, maintenance,
and operation of the Wind Facilities. Any improvements, fixtures or other
structures, other than the Wind Facilities shall not be installed without the express
• written consent of Lessor. During the initial period of construction, Lessee shall
also be entitled to ingress and egress to and for its Wind Facilities and
appurtenant equipment and electrical power lines over the Premises and such
additional areas of the Premises as shall be reasonably necessary to access a
public roadway.
(c) Upon the completion of installation of Lessee's Wind Facilities a final survey will
be performed by Lessee to identify those portions of the Premises occupied or
used by any of Lessee's Wind Facilities and appurtenances, and the description of
that portion of the Premises (the "Occupied Premises") shall be appended to this
Lease as Exhibit B. Lessee reserves the right to locate new Wind Facilities or to
relocate existing Wind Facilities upon the Premises during the term of this Lease,
subject to Lessor's approval, in which case a new Exhibit B will be prepared and
appended to this Lease. Lessor shall retain the right to use that portion of the
Premises not within the Occupied Premises to the extent its use is consistent with
Sections 1.2 and 6.2, for ranching, grazing, conservation or other purposes and
Lessor shall be entitled to use any private road constructed by Lessee on the
Occupied Premises for access to the balance of the Premises.
Section 1.2 Wind Easement
Any obstruction to the free flow of the wind is prohibited throughout the entire
• area of the Premises, which shall consist horizontally three hundred and sixty
•
413970
and past statements of real estate taxes payable for the Premises and any related
• information demonstrating the reasons for any increase in real estate taxes.
(c) Either party may contest the validity or amount of any levied taxes, assessments
or other charges for which each is responsible under this Lease as long as such
contest is pursued in good faith and with due diligence and the party contesting
the tax, assessment or charge has paid the obligation in question or established
adequate reserves to pay the obligation in the event of an adverse determination.
(d) Lessee shall pay for all water, electric, telecommunications and any other utility
services used by the Wind Facilities or Lessee on the Premises.
ARTICLE V. Lessee's Covenants
•
Lessee covenants, represents and warrants to Lessor as follows:
Section 5.1 Liens
Lessee shall keep the Property free and clear of all liens and claims of liens for
labor, materials, services, supplies and equipment performed on or furnished to
Lessee or any Wind Facility on the Premises in connection with Lessee's use of
the Premises. Lessee may contest any such lien, but shall post a bond or utilize
other available means to remove any lien which is created during the contested
111 proceeding. Lessee agrees to otherwise remove any lien or encumbrance for
which it is responsible pursuant to this paragraph within 60 days of the creation of
any such lien or encumbrance.
Section 5.2 Permits and Laws
Lessee and its designees shall at all times comply with all federal, state and local
laws, statutes, ordinances, rules, regulations,judgments and other valid orders of
any governmental authority with respect to Lessee's activities pursuant to this
Lease and shall obtain all permits, licenses and orders required to conduct any and
all such activities.
Section 5.3 Lessee's Improvements
All Wind Facilities constructed, installed or placed on the Premises by Lessee
pursuant to this Lease shall be the sole property of Lessee and Lessor shall have
no ownership or other interest in any Wind Facilities on the Premises.
Throughout the Term Lessee shall, at its sole cost and expense, maintain Lessee's
Wind Facilities in good condition and repair, ordinary wear and tear excepted.
All Wind Facilities constructed, installed or placed on the Premises by Lessee
pursuant to this Lease may be moved, replaced, repaired or refurbished by Lessee
at any time. At the end of the Term, including any termination of the Lease,
• Lessee shall remove all its Wind Facilities, including the entire concrete
41:3970
foundation, within six months from the date the Term expires or the Lease
• terminates. If Lessee fails to remove any of the Wind Facilities within the
required time period, such Wind Facilities shall be considered abandoned by
Lessee and Lessor may remove these Wind Facilities from the Premises and
dispose of them in its sole discretion without notice or liability to Lessee.
Section 5.4 Hazardous Wastes
Lessee shall not use, dispose of or release on the Premises or cause or permit to
exist or be used, stored, disposed of or released on the Premises as a result of
Lessee's operations, any substance which is defined as a "hazardous material",
"toxic substance" or "solid waste" in any federal, state or local law, statute or
ordinance, except in such quantities as may be required in its normal business
operations and only if such use is not harmful to Lessor and is in full compliance
with all applicable laws.
Section 5.5 Insurance
(a) Lessee shall obtain and maintain in force policies of insurance covering the Wind
Facilities and Lessee's activities on the Premises at all times during the Term,
including specifically comprehensive general liability insurance with a minimum
combined occurrence and annual limitation of one million dollars. Such
insurance coverage for the Wind Facilities and Premises may be provided as part
• of a blanket policy which covers other wind facilities or properties as well. Any
such policies shall name Lessor as an additional insured and shall provide for 30
days prior written notice to Lessor of any cancellation or material change. Lessee
shall provide Lessor with copies of certificates of insurance evidencing this
coverage upon request by Lessor.
ARTICLE VI. Lessor Covenants
Lessor covenants, represents and warrants to Lessee as follows:
Section 6.1 Title and Authority
Except to the extent otherwise stated in this Lease, Lessor is the sole owner of
the Premises in fee simple and each person or entity signing the Lease on behalf
of Lessor has the full and unrestricted authority to execute and deliver this Lease
and to grant the easements and rights granted herein. All persons having any
ownership interest in the Premises (including spouses) are signing this Lease as
Lessor. When signed by Lessor, this Lease constitutes a valid and binding
agreement enforceable against Lessor in accordance with its terms. There are no
encumbrances or liens against the Premises except as disclosed by Lessor to
Lessee or which are reflected in an abstract or title report for the Premises
provided to Lessee prior to execution of the Lease.
APPENDIX D
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LIST OF PROPERTY OWNERS WITHIN 350 FEET OF SITE
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