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Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, <br />improvement, obstruction or structure of any kind, either above or below the surface, or stockpile <br />soils, construction debris, or construction equipment or change the grade thereof, without the <br />express written permission of the Grantee. <br />Notwithstanding the aforementioned provision, the following improvements by Grantor, <br />its heirs, successors, and assigns do not require Grantee's written approval: fences, parking lots, <br />street and /or roadways, landscaping, bushes, shrubs. However, Grantors hereby agrees that <br />Grantee wi11 not be responsible for and will not pay for the loss or any damage to, or replace or <br />restore the following items within the easement area: fences, trees, shrubs, hushes or other <br />plantings, other than grass or sod, except as specifically provided below in this agreement. <br />Grantor covenants that it is the Owner and is in possession of the above- described <br />premises and has lawful right and authority to convey and grant the easement described herein. <br />IN WITNESS WHEREOF, said Grantor has caused this Easement to be executed as of <br />the date noted above. <br />CITY OF LITTLE CANADA <br />B y: <br />Its: <br />- 1 2 - <br />