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Nov. 19, 2013 10:05AM Land Title, Inc. No 8081 P. 35 least once per year to determine if the basin's retention and treatment cbaracteristics are adequate and continue to perform per design. Culverts and outfall structures must be inspected at least annually and kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be restored to its original design, contours and vegetation in disturbed areas restored within one (1) year of the inspection date. 4. Rain¢ardens. Infiltration and Filtration Basins. Raiggardens, infiltration basins and Filtration basins as depicted in Attachment A must be inspected once per year to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. 5. Rights of the City and the MCWD, Grantor, its successors and assigns, further grants to the City (with respect to A and B below) and the MCWD (with respect to B below) the affirmative right, but not the obligation, to do the following on the Easement Premises: A. Preserve, improve, and enbance the slope, trees, vegetation, and natural habitat by altoriu,clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 6. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors and assigns and its invitees, the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City and the MCWD herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation oonsistent with a conservation easement; walking along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. $. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the City and the MCWD and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Agreement. 9. No Implied Easement. None of the Easement Premises shall being implied to include the drainage and utility easements as dedicated on the plat of Pine View, Hennepin County, 172029v5(v6)