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202008475
<br />NOW THEREFORE, in consideration of the benefits described herein, and in
<br />further consideration of One and No/ 100 Dollars ($ 1.00), the receipt of which is hereby
<br />acknowledged, and other valuable consideration, Grantor and Grantee agree as follows:
<br />1. Grant of Easement. Grantor does hereby convey to Grantee, its
<br />successors and assigns, a perpetual utility easement for a sewer line in and under the
<br />Easement Area (as defined below) to construct, reconstruct, maintain, inspect, repair,
<br />replace, improve, operate, use and remove the underground sewer utility service lines
<br />and associated improvements to serve the Prataria Property and the Prairie Commons
<br />Property, along with the right to enter onto the GI Hospital Property and the Easement
<br />Area for purposes of constructing, reconstructing, maintaining, repairing, replacing,
<br />improving, operating, using, and removing the utility service lines in and under the
<br />Easement Area. This Easement further grants to Grantee the right to perform any such
<br />activities necessary to connect the service lines and other improvements to the utility
<br />facilities and improvements located in the Easement Area and to otherwise carry out
<br />the intent of the Easement. Grantor acknowledges and agrees that the easement
<br />granted herein shall also run to the benefit of the City of Grand Island.
<br />2. Easement Area. The parties agree that the Easement Area shall be that
<br />area depicted as the "Utility Easement" on Exhibit "A" attached hereto and incorporated
<br />by this reference (the "Easement Area").
<br />3. Binding Effect. The grant of this easement shall be appurtenant to and
<br />run with the land, and shall be binding on all parties having or acquiring any right, title
<br />or interest in such properties and shall inure to the benefit of each owner thereof, and
<br />shall be binding upon the heirs, executors, administrators, successors and assigns of
<br />the parties herein. Grantee and its successors and assigns, and the City of Grand Island
<br />(the "City") shall be entitled to use and enjoy the easement granted by Grantor herein.
<br />4. Conduct of the Work and Maintenance. Any construction,
<br />reconstruction, maintenance, inspection, repair, replacement, improvement, operation,
<br />use, and/or removal of the utility services located in the Easement Area shall be
<br />performed by Grantee and/or the City (a) solely at Grantee's or the City's cost and
<br />expense, (b) in such manner as to reasonably minimize interference with the use and
<br />enjoyment of the GI Hospital Real Estate by Grantor, (c) with adequate provision for the
<br />safety and convenience of all persons using the surface of such areas, and (d) diligently
<br />so as to complete such work as quickly as reasonably possible. Grantee and/or the City
<br />shall maintain and keep in good repair the utility services located in the Easement Area.
<br />After construction, Grantor shall remain solely responsible for maintenance of the
<br />surface of the Easement Area with respect to any items unrelated to the utility services.
<br />Grantee and/or the City shall return the surface of the Easement Area to the condition
<br />it was in prior to Grantee's or the City's actions under this Easement.
<br />5. Grantor's Limitations. The Grantor shall not be permitted to construct
<br />or permit to be constructed any structure on, over, or within the Easement Area without
<br />first securing the prior written consent of Grantee and/or the City, which consent shall
<br />not be unreasonably withheld.
<br />6. Liability. The sole rights granted herein are the rights to use the
<br />Easement Area for the purposes described herein, and each party shall be liable to the
<br />other party for any damage caused by the use of the Easement Area by them or their
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