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a. Permanent Sanitary Sewer Easement. A non-exclusive <br />permanent sanitary sewer easement legally described on the attached <br />Exhibit B (the "Permanent Sanitary Sewer Easement" or the <br />"Easement") and depicted on the attached Exhibit C (the "Permanent <br />Sanitary Sewer Easement Area") over, under, through and across the <br />Property for, without limitation, the location, installation, construction, <br />inspection, repair, replacement, maintenance, use, and operation of a <br />sewer interceptor, lift station, meter, pipes and other wastewater <br />related improvements. <br />i. Subject to the provisions of Section 4, the Permanent <br />Sanitary Sewer Easement includes the rights of ingress and <br />egress over and across the Property by Grantee and its <br />agents, employees, permittees, assigns and contractors, for <br />the use of the Permanent Sanitary Sewer Easement Area as <br />may be necessary in the exercise of the rights and privileges <br />herein granted. <br />ii. Unless part of an improvement approved by the Grantee as <br />provided in paragraph 1(a)(iv), Grantee retains the right to <br />cut, trim, or remove from the Permanent Sanitary Sewer <br />Easement Area any pavement, hardscaping, trees, shrubs, <br />undergrowth, landscaping, and other vegetation as in the <br />Grantee's judgment unreasonably interferes with the use of <br />the Permanent Sanitary Sewer Easement Area by Grantee, <br />provided that Grantee shall take all reasonable precautions <br />to prevent any damage to the Grantor's property. <br />iii. Grantor shall not erect, construct, or create any building, <br />improvement, obstruction or structure of any kind, either <br />above or below the surface, or stockpile soils, construction <br />debris or construction equipment or change the grade of the <br />Permanent Sanitary Sewer Easement Area. <br />iv. Notwithstanding the foregoing, Grantor shall submit plans <br />for any improvements, whether sought by Grantor or a third <br />party, to be constructed within the Permanent Sanitary <br />Sewer Easement Area to the Grantee ("Improvement Plans"). <br />The Improvement Plans shall include all necessary <br />information for Grantee to determine the impact of the <br />Improvement Plans on the Grantee's facilities located within <br />the Permanent Sanitary Sewer Easement Area. Grantee <br />2 <br />Project MCES 8567 Forcemairn Replacement at Channel Crossings <br />Hennepin County Parcel 08.1 17,23.34.0061 <br />2of14 <br />48 <br />