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TEMPORARY CONSTRUCTION EASEMENT <br /> THIS INSTRUMENT is made by LVP,LLC,a Minnesota limited liability company,Grantor, <br /> in favor of the City of New Brighton,Minnesota, a municipal corporation under the laws of the State <br /> of Minnesota, Grantee (the "City") and the Metropolitan Council, a public corporation and political <br /> subdivision of the State of Minnesota("MCES"). <br /> Recitals <br /> A. Grantor is the fee owner of the property located in Ramsey County, Minnesota (the <br /> "Property") and legally described on Exhibit A attached hereto. <br /> B. Grantor desires to grant to the City and MCES a temporary construction easement (the <br /> "Easement")according to the terms and conditions contained herein. <br /> Terms of Temporary Construction Easement <br /> 1. Grant of Temporary Construction Easement. For good and valuable consideration,receipt of <br /> which is acknowledged by Grantor, Grantor grants and conveys to the City and MCES the following <br /> Easement which is legally described on Exhibit B (the "Easement Area") and depicted on Exhibit <br /> C attached hereto. <br /> 2. Scope of Easement. The above-described Easement includes the rights of the City and <br /> MCES,their contractors,agents,and employees to enter the Easement Area at all reasonable times <br /> and store materials and equipment within the Easement Area as part of the City and MCES's <br /> rehabilitation of the Long Lake interceptor. <br /> The temporary easement granted herein also includes the right to cut, trim, or remove any <br /> landscaping, trees, shrubs, improvements, or vegetation within the Easement Area that in the City <br /> or MCES's judgement unreasonably interferes with the storage of materials and equipment. The <br /> City or MCES will restore the Property affected by the work to the general condition that it was <br /> 1 <br /> NE 136-24-727036.v 1 <br />