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KNOW ALL MEN BY THESE PRESENTS:
<br />XI
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<br />RIGHT OF WAY, PERMANENT AND TEMPORARY EASEMENT
<br />FOR CAPITAL AVENUE STREET WIDENING PROJECT
<br />INCLUDING UNDERGROUND UTILITY FACILITIES
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<br />That the STATE OF NEBRASKA, by and through the DEPARTMENT OF ADMINISTRATIVE SERVICES, an
<br />agency of the STATE OF NEBRASKA, hereinafter referred to as "Grantor," in consideration of $1.00,
<br />receipt of which is hereby acknowledged, and the further payment for damages as described in the
<br />terms and conditions and the placement of other necessary equipment when set on the following
<br />described property, does hereby grant, bargain, sell, and convey unto the CITY OF GRAND ISLAND, a
<br />municipality organized under and pursuant to the laws of the State of Nebraska, hereinafter referred to
<br />as "Grantee," and its employees, officers, affiliates, contractors, agents and /or assigns ( "Grantee
<br />Parties "), whether one or more, a permanent and perpetual public right -of -way to construct, operate,
<br />maintain, extend, repair, replace, and remove public roadway, pedestrian facilities, and utilities,
<br />including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead
<br />and underground power lines, manholes, pipelines, communication facilities, natural gas facilities,
<br />surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract
<br />of land, hereinafter referred to as the "Right of Way Area "; and a permanent and perpetual easement
<br />to construct, operate, maintain, extend, repair, replace, and remove public roadway, pedestrian
<br />facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric
<br />utility poles, overhead and underground power lines, manholes, pipelines, communication facilities,
<br />natural gas facilities, surface markers, and other appurtenances, upon, over, along, across, in,
<br />underneath and through a tract of land, hereinafter referred to as the "Permanent Easement Area "; and
<br />privilege of a temporary easement to construct sanitary sewer within the boundaries of the North
<br />Interceptor Sanitary Sewer Project Phase 2 from Sky Park Road to Diers Avenue along Capital Avenue, on
<br />or adjacent to property owned by Grantor and, whereas, it may be necessary for the City, its officers,
<br />agents, employees, contractors, subcontractors, and authorized representatives to temporarily enter
<br />upon, travel over, excavate, clear, backfill, store materials upon, and otherwise use the lands herein
<br />described which are owned by Grantor during the aforementioned construction project, hereinafter
<br />VBEL AS /SBD — GIVH — City of Grand Island — Right of Way, Temporary and Permanent Easement Agreement Page 1 of 12
<br />NIS Land #25Z200045L Neb. Rev. Stat. §72 -818
<br />Z.Sa . 00
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