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F <br />an '42 <br />uaqp� 1021 <br />the easement area for moving heavy equipment by rail <br />(and the right to maintain such rail facilities) and <br />for purposes which will not interfere with GRANTEE's <br />full enjoyment of the rights hereby granted; rroyided <br />that GRANTOR shall not erect or construct any building <br />or structure, retaining wall or concrete slab on the <br />easement, or diminish or substantially add to the <br />.ground cover over the storm drain and appurtenances <br />without the consent of -GRAMM which shall not be <br />unreasonably withheld. <br />'GRANTOR herein for itself, its successors and <br />assigns, does hereby covenant and agree with GRANTEE <br />and its successors and assigns that.at the time of the <br />execution and delivery of this easement, 'GRANTOR is <br />lawfully seized of such premises, that GRANTOR,has good <br />right and lawful authority to grant said eas —eNt, and <br />the M. GRA14TOR further hereby covenants to warrant, and <br />defend said easement against the lawful claims of all <br />persons whomsoever. <br />This'easoment shall be binding upon the successors <br />and assigns of the respective parties hereto. <br />Dated this 23rd , day of May , 1989 <br />THE CITY OF GRAND ISLAND <br />Hall County, Nebraska <br />PETER KIEWIT SONS" .INC. <br />a Delaware Corporation <br />Title: Mayor _ Title: <br />l!4 <br />