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2. T~edeed or deeds conveying the above-described property <br />shall reserve an easement running to WMMI, its successors and <br />assigns, including the State of Minnesota Pollution Control Agency, <br />to provide access for ingress, egress and maintenance as required <br />in items 3 ~d 4 of the MPCA's correspondence dated December 2, <br />1994, attached hereto as Exhibit "C" and subject to the MPCA's <br />review and a~roval as required in item 6 of said Exhibit "C" prior <br />to closing. ~he sedimentation basin referred to in item 4 of said <br />Exhibit "C" t~gether with its appurtenant underground overflow pipe <br />is identifiedI as the shaded portion of Exhibit "E". If the MPCA <br />does not approve item 4 of said Exhibit "C" as an easement, the <br />deed or deed~ conveying said property shall exclude the basin <br />referenced in,item 4 of said Exhibit "C". In addition, prior to <br />recording of the conveyances contemplated in Paragraph 1 above, <br />WMMI shall record a Declaration of Restrictive Covenants addressing <br />those concern% set forth by the MPCA in items 1, 2 and 5 of said <br />Exhibit "C", Nhich Declaration shall be subject to review and <br />approval by th~ MPCA prior to filing. <br /> <br /> 3. WMMI~and the CITY shall prorate as of the date of closing <br />the real estat9 taxes and installments of special assessments due <br />and payable in ~he year in which the closing occurs. <br /> <br /> 4. WM]4I ~grees for the benefit of the CITY as follows: <br /> <br /> a. To grade those areas of the Alternate Recreational <br /> <br /> Parcel and~ adjacent property with a 1% slope from elevation <br /> 876 to 872 ias set forth in Exhibit "E" to enhance the grading <br /> plan set f~rth in the Settlement Agreement and to reflect the <br /> <br />4 <br /> <br /> <br />