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<br />PERMANENT EASEMENT DEED MO
<br />216161=1=27 AGREEMENT
<br />POLITICAL SUB - DIVISION- INDIVIDUAL
<br />SEE ATTACHED EXHIBIT 'A'
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<br />— 73 D cum
<br />PROJECT: US 281 Sewer Project 012 -1867 C.N.: TRACT: 2
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />THAT KIRBY KAY SMITH. a single Person
<br />hereinafter known as the Grantor, whether one or more, for and in consideration of the sum of ONE and
<br />NO /100 DOLLARS ($1.001 in hand paid does hereby grant, and convey unto Citv of Grand Island,
<br />Nebraska and to its successors and assigns the following described permanent easement for the
<br />purpose of constructing a sanitary sewer and the subsequent maintenance of same, situated in Hall
<br />County, and State of Nebraska, to -wit;
<br />The aforesaid Easement is granted subject to the following terms, stipulations and conditions which are
<br />hereby covenanted and agreed to by Grantor. By acceptance of any of the benefits hereunder, Grantee
<br />shall be deemed to have agreed to be bound by the covenants applicable to Grantee hereunder.
<br />1. The abandonment of said permanent easement for the purposes described herein shall render
<br />this conveyance void and cause said permanent easement to revert to said Grantor and to
<br />his, her or their heirs, successors and assigns. In that event, the Grantee shall remove all
<br />improvements.
<br />2. Grantee shall install and maintain the Grantee's sewer line to a minimum depth of forty -eight
<br />inches (48 ") below current grade level and any then existing drainage ditches, creeks and
<br />roads, except at those locations where rock is encountered, the sewer line may be installed
<br />with a minimum depth of twenty -four inches (24 "). Such depth shall be measured from the top
<br />of the sewer line to the surface of the ground.
<br />3. In areas of cropland, Grantee agrees to cause the topsoil to be removed from the trench to a
<br />depth of twelve inches (12 ") or the topsoil depth, whichever is less, and return, as nearly as
<br />practicable, said topsoil to its original, pre - construction position relative to the subsoil.
<br />4. Prior to the conclusion of the construction period, Grantee shall grade and slope the
<br />Permanent Easement Area and Temporary Easement Area in order to restore the same to its
<br />pre - construction grade to the extent reasonably possible and to the extent such grade does
<br />not interfere with the maintenance and /or safe operation of the Grantee's sewer line.
<br />5. Provided its use of the Property does not in any manner interfere with or prevent the exercise
<br />by Grantee of its rights hereunder, or create an actual or potential hazard to the sewer line,
<br />the undersigned Grantor, its successors, heirs or assigns, reserve all oil, gas and minerals on
<br />and under the Property and the right to farm, graze and otherwise fully use and enjoy the
<br />Property.
<br />6. Grantee shall comply in all material respects, at Grantee's sole cost, with all applicable
<br />federal, state, and local laws, rules, and regulations which are applicable to Grantee's
<br />activities hereunder, including, without limitation, the construction, use, operation,
<br />maintenance, repair and service of the Grantee's sewer line.
<br />7. Grantee shall have the right to remove all fences from the Permanent Easement Area and
<br />the Temporary Easement Area, as required for purposes of construction or repairs of
<br />Grantee's sewer line, and Grantee shall repair all such fences promptly upon completion of
<br />construction or repairs on Grantor's Property to substantially the same condition as such
<br />fences were in prior to removal by Grantee. Grantee further shall have the right to install
<br />access gates in any fences which cross the Easement Area. Grantee and its designated
<br />contractors, employees and invitees hereby agree to keep all access gates closed at all times
<br />when not in use to prevent the cattle, horses and /or other livestock located on the Property
<br />from straying.
<br />Duly executed this day of May. 2014.
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