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<br /> Page 2
<br />Site: Little Canada-Owasso
<br />BUN: 825401
<br />4816-7859-2811.16101460\002203
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<br />(b) Upon completion of construction of
<br />the New Access Road, Crown’s rights over
<br />the Initial Right of Way as set forth in this
<br />Section 2 shall terminate and thereafter,
<br />Crown shall have a non-exclusive, perpetual
<br />right -of-way for ingress and egress, seven
<br />(7) days per week, twenty-four (24) hours
<br />per day, on foot or motor vehicle, including
<br />trucks, over the New Access Easement,
<br />together with the right to install, replace and
<br />maintain utility wires, poles, cables,
<br />conduits and pipes thereon. Thereafter, the
<br />“Easement Area” shall be deemed to include
<br />the New Access Easement, unless stated to
<br />the contrary herein.
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<br />(c) In the event any public utility is
<br />unable or unwilling to use the above-
<br />described utility easement or New Access
<br />Easement for utility purposes, Grantor
<br />hereby agrees to grant an additional, non-
<br />exclusive right -of-way, in form satisfactory
<br />to Crown, to Crown or at Crown’s request,
<br />directly to a public utility, at no cost and in a
<br />location acceptable to Crown (the
<br />“Additional Access Easement”). For any
<br />such Additional Access Easement to be
<br />effective, such easement shall be recorded
<br />among the Public Records of Ramsey
<br />County, Minnesota.
<br />
<br />3. Easement Area. The Easement
<br />Area shall be used for (i) constructing,
<br />maintaining and operating communications
<br />facilities, including without limitation, tower
<br />structures, antenna support structures,
<br />cabinets, meter boards, buildings, antennas,
<br />cables, equipment and (ii) uses incidental
<br />thereto, including without limitation, testing
<br />of any kind, for Crown’s use and the use of
<br />its lessees, licensees, and/or sub-easement
<br />holders (the “Permitted Use”). It is the
<br />intent of the parties that Crown’s
<br />communications facilities shall not
<br />constitute a fixture. Grantor acknowledges
<br />that Grantor has no right to object to or
<br />approve any improvements to be constructed
<br />by Crown on the Easement Area. If
<br />requested by Crown, Grantor will execute, at
<br />Crown’s sole cost and expense, all
<br />documents required by any governmental
<br />authority in connection with any
<br />development of, or construction on, the
<br />Easement Area, including documents
<br />necessary to petition the appropriate public
<br />bodies for certificates, permits, licenses and
<br />other approvals deemed necessary by Crown
<br />in Crown’s absolute discretion to utilize the
<br />Easement Area for the Permitted Use.
<br />Grantor agrees to be named applicant if
<br />requested by Crown. In furtherance of the
<br />foregoing, Grantor hereby appoints Crown
<br />as Grantor’s attorney-in-fact to execute all
<br />land use applications, permits, licenses and
<br />other approvals on Grantor’s behalf. Crown
<br />shall immediately pr ovide Grantor with
<br />copies of all land use applications, permits,
<br />licenses, and other approvals which Crown
<br />has executed on Grantors behalf. Grantor
<br />shall be entitled to no further consideration
<br />with respect to any of the foregoing matters.
<br />Grantor shall take no action that would
<br />adversely affect the status of the Easement
<br />Area with respect to the Permitted Use.
<br />4. Perpetual Easement. This
<br />Easement and Crown’s rights and privileges
<br />hereunder shall be perpetual and may be
<br />terminated only as provided for herein.
<br />5. Purchase Price, Down Payment
<br />and Installment Payments . The purchase
<br />price for the rights and interest granted to
<br />Crown pursuant to this Easement is set forth
<br />on Exhibit “E ” (“Purchase Price”). Upon
<br />full execution of this Easement by both
<br />parties, (i) Crown shall pay a down payment
<br />on the Purchase Price in the amount set forth
<br />in Exhibit “E ” attached hereto and
<br />(ii) Crown shall pay to Grantor, in advance,
<br />interest that will accrue prior to the first
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