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That Defendant Sherburne County (hereinafter "the County") is, based upon <br />information and belief, a Minnesota Municipal Corporation which maintains its principal <br />offices at the Sherburne County Government Center, 13880 Highway 10, Elk River, <br />Minnesota 55330, and the activities of which are managed by the Sherburne County <br />Board of Commissioners. <br />IV. <br />That, based upon information and belief and at all times material hereto, the <br />County was responsible to ensure the safe condition of County State-Aid Highway 33 <br />(hereinafter "CSAH 33") and adjacent lands, including the safe and proper placement of <br />the utility poles in relation to the roadway, the safe and proper design of the highway <br />and adjacent lands, the use of safe and proper guarding and barricades, the posting of <br />appropriate traffic signals, markings and signage, and the safe and proper construction, <br />inspection, restoration, repair, and maintenance of the roadway, guarding, barricades, <br />signage, and adjacent lands. <br />V. <br />That Defendant Elk River Municipal Utilities (hereinafter "Elk River") is, based <br />upon information and belief, a Minnesota Municipal Utility with its principal offices <br />located at 13069 Orono Parkway, Elk River, Minnesota 55330, and the activities of <br />which are managed by the Elk River Utilities Commission. <br />VI. <br />That, based upon information and belief and as of October 2, 2004, Elk River <br />was the owner of, or was responsible for the condition of the subject utility pole and was <br />2 <br />