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<br /> Page 1 <br />Site: Little Canada-Owasso <br />BUN: 825401 <br />4816-7859-2811.16101460\002203 <br />GRANT OF EASEMENT AND <br />ASSIGNMENT OF LEASE <br />THIS GRANT OF EASEMENT <br />AND ASSIGNMENT OF LEASE (the <br />“Easement”) is made effective this ____ day <br />of ___________, 2018, by and between <br />Little Canada Economic Development <br />Authority (“Grantor”) and Crown Castle <br />Towers 09 LLC, a Delaware limited liability <br />company (“Crown”). <br />1. Description of Grantor’s <br />Property . Grantor is the owner of that <br />certain land and premises in Little Canada, <br />County of Ramsey, State of Minnesota, <br />described on Exhibit “A” attached hereto <br />(hereinafter “Grantor’s Property”). <br />2. Description of Easement . For <br />good and valuable consideration, the receipt <br />and sufficiency of which the parties hereby <br />acknowledge, Grantor grants and conveys <br />unto Crown, its successors and assigns, <br />forever, an exclusive, perpetual easement for <br />the use of a portion of Grantor’s Property, <br />that portion being described as a two <br />thousand (2,000) square foot parcel within <br />Grantor’s Property (the “Easement Area” or <br />“Tower Easement Area ‘A’”), as such <br />Easement Area is more particularly shown <br />in the Site Plan attached hereto as <br />Exhibit “B” and described by metes and <br />bounds in Exhibit “C” attached hereto. <br />Grantor also grants to Crown, its successors <br />and assigns (i) the non-exclusive right for <br />ingress and egress over the existing road on <br />Grantor’s Property to the Easement Area, <br />seven (7) days a week twenty-four (24) <br />hours a day, on foot or motor vehicle, <br />including trucks (the “Initial Right of <br />Way”); (ii) a temporary non-exclusive <br />construction and maintenance easement over <br />any portion of Grantor’s Property that is <br />reasonably necessary, in Crown’s discretion, <br />for any construction, repair, maintenance, <br />replacement, demolition and removal related <br />to the Permitted Use (defined below), <br />provided Crown shall restore such portion of <br />Grantor’s Property to its original condition <br />after its use of the construction and <br />maintenance easement; (iii) the right to use <br />that certain easement for ingress and egress <br />set forth in that certain Warranty Deed dated <br />June 3, 1969 recorded in Book 2133, Page <br />673 as Document No. 1727848 of the <br />Ramsey County Records; and (iv) a utility <br />right of way for the maintenance of ut ility <br />wires, poles, cables, conduits, and pipes in <br />their current location on Grantor’s Property. <br />Notwithstanding the foregoing, Grantor <br />shall have the right to relocate the Initial <br />Right of Way on the following terms and <br />conditions: <br />(a) Grantor at its sole cost and expense <br />may construct an access road across <br />Grantor’s Property from the Easement Area <br />to South Owasso Boulevard (the “New <br />Access Road”), within the “New Access <br />Easement” shown on Exhibit “B” and <br />described on Exhibit “C” attached hereto. <br />The New Access Road shall be at least <br />twenty (20) feet in width and any curve shall <br />have the necessary radius to allow any truck <br />serving the improvements located on the <br />Easement Area room to safely travel the <br />New Access Road. Notwithstanding <br />anything co ntained in this Section, <br />Exhibit “B”, or Exhibit “C” to the contrary, <br />Grantor and Crown agree that the New <br />Access Easement may be located as <br />generally shown on Exhibit “D” attached <br />hereto. In such event, Grantor agrees to <br />execute and deliver an amendment to the <br />Easement including a final survey and final <br />metes and bounds description of the New <br />Access Easement, together with any other <br />documents necessary to grant and record <br />Crown’s interest in the New Access <br />Easement as located.