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DEED OF EASEMENT
<br />201405737
<br />The U.S. DEPARTMENT OF VETERANS AFFAIRS, acting for and on behalf of the
<br />UNITED STATES OF AMERICA, hereinafter referred to as the Government, under and
<br />by virtue of the authority contained in 40 United States Code 1314 (76 Stat. 1129),
<br />having determined that it will not be adverse to the interests of the United States, does
<br />hereby grant and convey, for and in consideration of one dollar ($1.00), and other good
<br />and valuable consideration, the receipt and sufficiency of which is hereby
<br />acknowledged, without covenant or warranty of any kind and subject to the conditions
<br />hereinafter stated, unto the CITY OF GRAND ISLAND, NEBRASKA, whose address is
<br />100 East First Street, Grand Island, NE 68801, hereinafter referred to as the Grantee,
<br />its successors and assigns, a temporary easement and right of way to be on, over,
<br />under, across or through a portion of the VHA Nebraska Western Iowa Healthcare
<br />System, Grand Island Campus, Grand Island, Nebraska which the Government owns in
<br />the City of Grand Island, County of Hall, State of Nebraska, as described on Exhibit A
<br />and depicted on Exhibit B, hereinafter referred to as the Temporary Easement Area,
<br />attached hereto and made a part hereof, for the purpose of access, including ingress
<br />and egress, and performance of construction activities necessary to complete the
<br />construction and installation of an underground sanitary sewer line, hereinafter referred
<br />to as "said facilities ", within the adjacent permanent easement area, hereinafter referred
<br />to as the Permanent Easement Area, as described and depicted on Exhibit B.
<br />This Easement is granted subject to the following conditions and provisions:
<br />1. That the Government reserves unto itself rights for all purposes across, over, or
<br />under the Temporary Easement Area herein described; such rights, however, to be
<br />exercised in a manner which will not create undue interference with the use and
<br />enjoyment by the Grantee of said easement; provided, that any construction by the
<br />Government in connection with the rights so reserved shall be at the expense of the
<br />Government.
<br />2. That said facilities shall only be installed and constructed within the Permanent
<br />Easement Area, and in no event shall said facilities, or any physical improvements, be
<br />installed or constructed within the Temporary Easement Area.
<br />3. That all access and construction activities necessary to complete the
<br />construction and installation of said facilities conducted by Grantee, or Grantee's
<br />contractors or subcontractors, shall be limited to, and performed within, the Temporary
<br />Easement Area. Such access and activities shall be performed without cost to the
<br />Government, under the general supervision and subject to the approval of the
<br />Government official having immediate jurisdiction over the property. The Grantee shall
<br />replace, repair, restore, or relocate any property of the Government affected or
<br />damaged directly or indirectly by any access, ingress, egress, or activities related to the
<br />construction, reconstruction, installation, operation, maintenance, and replacement of
<br />said facilities, all to the satisfaction of the Government official having immediate
<br />jurisdiction over the property.
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