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06-27-2018 Council Packet - final
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06-27-2018 Council Packet - final
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<br /> <br />1 <br />Site: MINC CRAIG’S LIST <br />BUN: 830671 <br />4846-5132-9375.5101460\003078 <br />GRANT OF EASEMENT AND ASSIGNMENT OF LEASE <br />THIS GRANT OF EASEMENT AND ASSIGNMENT OF LEASE (the “Easement”) <br />is made effective this ____ day of ___________, 2018, by and between LITTLE CANADA <br />ECONOMIC DEVELOPMENT AUTHORITY (“Grantor”), having an address of Attn: City <br />Administrator, Development Authority, 515 Little Canada Road E, Little Canada, MN 55117 and <br />GLOBAL SIGNAL ACQUISITIONS IV LLC, a Delaware limited liability company <br />(“Grantee”), having an address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. <br />1. Description of Grantor’s Property. Grantor is the owner of that certain land and <br />premises in the City of Little Canada, County of Ramsey, State of Minnesota, by grant or <br />conveyance described in Document No. 2205958 recorded with the Ramsey County Registrar of <br />Titles, the description of said property is attached hereto as Exhibit “A” (hereinafter “Grantor’s <br />Property”). <br />2. Description of Easement. For good and valuable consideration, the receipt and <br />sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto Grantee, <br />its successors and assigns, forever, an exclusive, perpetual easement for the use of a portion of <br />Grantor’s Property (the “Easement Area” or “Tower Easement Area ‘B’”), as such Easement Area <br />is more particularly shown in the Site Plan attached hereto as Exhibit “B” and described by metes <br />and bounds in Exhibit “C” attached hereto. Grantor also grants to Grantee, its successors and <br />assigns (i) an exclusive easement over any portion of Grantor’s Property on which <br />communications facilities exist on the date of this Easement (even if not described in the Lease <br />Agreement as that term is defined in Section 3 of this Easement); (ii) the non-exclusive right for <br />ingress and egress over the existing road on Grantor’s Property to the Easement Area and the <br />access easements contained in the Lease Agreement, seven (7) days a week twenty-four (24) <br />hours a day, on foot or motor vehicle, including trucks (together, the “Initial Right of Way”); (iii) <br />a temporary non-exclusive construction and maintenance easement over any portion of Grantor’s <br />Property that is reasonably necessary, for any construction, repair, maintenance, replacement, <br />demolition and removal related to the Permitted Use (defined below); (iv) the right to use that <br />certain easement for ingress and egress set forth in that certain Warranty Deed dated June 3, 1969 <br />recorded in Book 2133, Page 673 as Document No. 1727848 of the Ramsey County Records; and <br />(v) a utility right of way for the maintenance of utility wires, poles, cables, conduits, and pipes in <br />their current location on Grantor’s Property. <br />Notwithstanding the foregoing, Grantor shall have the right to relocate the Initial Right of Way <br />on the following terms and conditions: <br />(a) Grantor at its sole cost and expense may construct an access road across Grantor’s <br />Property from the Easement Area to South Owasso Boulevard (the “New Access Road”), within <br />the “New Access Easement” shown on Exhibit “B” and described on Exhibit “C” attached <br />hereto. The New Access Road shall be at least twenty (20) feet in width and any curve shall <br />have the necessary radius to allow any truck serving the improvements located on the Easement <br />Area room to safely travel the New Access Road. Notwithstanding anything contained in this <br />Section, Exhibit “B”, or Exhibit “C” to the contrary, Grantor and Crown agree that the New <br />Access Easement may be located as generally shown on Exhibit “D” attached hereto. In such
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