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distance of twenty -four and seventy -one hundredths (24.71) feet to the said Point of
<br />Beginning of EASEMENT TRACT 1.
<br />The above - described easement and right -of -way tract containing a combined total of
<br />0.42 acres, more or less.
<br />Together with the following rights:
<br />201407502
<br />City shall have unrestricted ingress and egress to the above - described easement and
<br />right -of -way for any purpose necessary for the surveying, construction, inspection, maintenance,
<br />repair, replacement, relocation, extension, removal, and operation of such public utilities and
<br />appurtenances. Such rights of ingress and egress shall be exercised in a reasonable manner.
<br />City shall have the right to excavate and refill ditches and trenches necessary for such
<br />public utilities and appurtenances; to remove, clear, and keep clear, trees, bushes, hedges,
<br />undergrowth, and /or any other obstructions interfering with the surveying, construction,
<br />inspection, maintenance, repair, replacement, relocation, extension, removal, and operation of
<br />such public utilities and appurtenances.
<br />City shall have the right at any time, to relocate, add, or upgrade such public utilities and
<br />appurtenances connected therewith, in, upon, above, along, over, across, underneath, or
<br />through the easement and right -of -way herein granted. Any such public utilities and
<br />appurtenances placed in, upon, above, along, over, across, underneath, or through such tract of
<br />land shall remain the property of City, and may be removed or replaced at any time.
<br />Central Nebraska Transload 1, LLC ( "Grantee ") shall have the right to use the easement
<br />and right -of -way for purposes not inconsistent with City's full enjoyment of the rights herein
<br />granted, provided that Grantee shall not allow any structures, buildings, combustible materials,
<br />or other property of any kind whatsoever, to be erected, constructed, placed, stored, or
<br />accumulated in, upon, above, along, over, across, underneath, or through the easement and
<br />right -of -way herein granted.
<br />Grantee shall have the right to hard surface over the easement and right -of -way and use
<br />the easement and right -of -way for parking and ingress and egress; provided if City needs to
<br />survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, or operate such
<br />public utilities and appurtenance within such easement and right -of -way, the cost of removal
<br />[2]
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