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-2- 20130596, IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11 °20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11 °05'44 "E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34'W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38'W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal, and maintenance of such utilities and public roadway and pedestrian facilities. Any such utilities and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee or Utility Provider and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. REMARKS Grantor may construct, maintain, repair, and utilize for sprinkler improvements which will infringe upon the Permanent Easement. If Grantee, in its sole discretion, determines than any part or all of the improvement must be removed or is damaged by Grantee, and/or Grantee Parties, during the course of the employment or duties with Grantee, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Any damages to sprinklers as a result of the proposed utility and roadway improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. The brick memorials for the veterans memorial impacted by construction will be reconstructed in place or relocated along the proposed bike trail as approved by Hall County and United Veterans Club. Tree plantings to replace trees removed associated with proposed utility improvements will be completed by Hall County. No additional compensation than described above. Any damages to the United Veterans Club parking lot and driveways as a result of utility and roadway improvements in this area shall be reconstructed by the City.