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SPT- 804, ---� ` C,
<br />8 -8B- 011491 � � '
<br />= V Page 1 of 2
<br />N LLi
<br />z U LU 200110280
<br />CEMENT
<br />WHEREAS, the City of Grand Island, Hall County, Nebraska, a Municipal Corporation of the State of Nebraska,
<br />hereinafter referred to as CITY, is the holder of a Perpetual Conservation Easement over, under, upon and across
<br />the following described real property:
<br />The Northeast Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 West of
<br />the 6`h P.M., Hall County, Nebraska.
<br />WHEREAS, Nebraska Public Power District ( "NPPD "), a public corporation and political subdivision of the State
<br />of Nebraska, intends to obtain an easement over, under, upon, and across the above - described real property for the
<br />construction, operation, maintenance, inspection and removal of an electric transmission line.
<br />NOW, THEREFORE, in consideration of the benefits to accrue to said real property and the covenants, conditions
<br />and agreements contained herein, NPPD agrees that its subsequent easement is and shall be subordinate to the
<br />rights and privileges granted to CITY by its easement dated June 18, 1999, recorded as instrument No.
<br />200002238, in the Office of the Register of Deeds, Hall County, Nebraska. '
<br />NPPD's subsequent easement is described as follows:
<br />An easement area being a strip of land over, under, upon and across a portion of the Northeast
<br />Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 West of the 6`h P.M.,
<br />Hall County, Nebraska, EXCEPT that portion deeded to Hall County, Nebraska for South Locust
<br />road right -of -way, said strip of land is coincident with the west right -of -way line of said road and is
<br />variable from 50 feet to 71 feet in width, being 50 feet west and variable from 0 feet to 21 feet east
<br />of a reference line, (the reference line being the approximate centerline location of an electric
<br />transmission line), said reference line is described as follows: Beginning at a location on the
<br />centerline of the existing electric transmission line 921 feet south of the north line and 58 feet west
<br />of the east line of said Northeast Quarter of the Northeast Quarter, said location is 2 feet west of the
<br />west right -of -way line of said road; thence northerly to a location 211 feet south of the north line and
<br />73 feet west of the east line of said Northeast Quarter of the Northeast Quarter, said location is 15
<br />feet west of the west right -of -way line of said road; thence northerly leaving the property on the
<br />north line 79 feet west of the Northeast Corner of said Northeast Quarter of the Northeast Quarter,
<br />said location is 21 feet west of the west right -of -way line of said road. The west sideline of said strip
<br />of land is lengthened or shortened to begin on the west sideline of the existing electric transmission
<br />line easement, to meet on the bisector of the angle and to end on the north line of said Northeast
<br />Quarter of the Northeast Quarter. Said strip of land contains 1.3 acres more or less.
<br />NPPD agrees that it shall at all times exercise all due care and diligence to avoid injury or damage to the property
<br />of the CITY, and shall indemnify and save harmless the CITY from any injury, death, damage or loss to the
<br />person or property of any persons whomsoever, arising or occurring by reason of the aforesaid construction,
<br />operation, maintenance, inspection or removal of NPPD's electric transmission line.
<br />NPPD agrees that if the aforesaid construction, operation, maintenance, inspection or removal shall make
<br />necessary any change, alteration, protection or rearrangement of existing facilities of the CITY, that the
<br />reasonable costs resulting therefrom shall be paid by NPPD.
<br />It is understood and agreed that this Subordination Agreement shall not subordinate or in any way affect the
<br />easements of NPPD with respect to other property, nor shall it affect any other easement. It is further understood
<br />and agreed that this Subordination Agreement shall not affect the privileges and easement of ingress and egress to
<br />NPPD for any purpose necessary in connection with the construction, operation, maintenance, inspection or
<br />removal of its electric transmission line.
<br />This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
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<br />SPT- 804, ---� ` C,
<br />8 -8B- 011491 � � '
<br />= V Page 1 of 2
<br />N LLi
<br />z U LU 200110280
<br />CEMENT
<br />WHEREAS, the City of Grand Island, Hall County, Nebraska, a Municipal Corporation of the State of Nebraska,
<br />hereinafter referred to as CITY, is the holder of a Perpetual Conservation Easement over, under, upon and across
<br />the following described real property:
<br />The Northeast Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 West of
<br />the 6`h P.M., Hall County, Nebraska.
<br />WHEREAS, Nebraska Public Power District ( "NPPD "), a public corporation and political subdivision of the State
<br />of Nebraska, intends to obtain an easement over, under, upon, and across the above - described real property for the
<br />construction, operation, maintenance, inspection and removal of an electric transmission line.
<br />NOW, THEREFORE, in consideration of the benefits to accrue to said real property and the covenants, conditions
<br />and agreements contained herein, NPPD agrees that its subsequent easement is and shall be subordinate to the
<br />rights and privileges granted to CITY by its easement dated June 18, 1999, recorded as instrument No.
<br />200002238, in the Office of the Register of Deeds, Hall County, Nebraska. '
<br />NPPD's subsequent easement is described as follows:
<br />An easement area being a strip of land over, under, upon and across a portion of the Northeast
<br />Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 West of the 6`h P.M.,
<br />Hall County, Nebraska, EXCEPT that portion deeded to Hall County, Nebraska for South Locust
<br />road right -of -way, said strip of land is coincident with the west right -of -way line of said road and is
<br />variable from 50 feet to 71 feet in width, being 50 feet west and variable from 0 feet to 21 feet east
<br />of a reference line, (the reference line being the approximate centerline location of an electric
<br />transmission line), said reference line is described as follows: Beginning at a location on the
<br />centerline of the existing electric transmission line 921 feet south of the north line and 58 feet west
<br />of the east line of said Northeast Quarter of the Northeast Quarter, said location is 2 feet west of the
<br />west right -of -way line of said road; thence northerly to a location 211 feet south of the north line and
<br />73 feet west of the east line of said Northeast Quarter of the Northeast Quarter, said location is 15
<br />feet west of the west right -of -way line of said road; thence northerly leaving the property on the
<br />north line 79 feet west of the Northeast Corner of said Northeast Quarter of the Northeast Quarter,
<br />said location is 21 feet west of the west right -of -way line of said road. The west sideline of said strip
<br />of land is lengthened or shortened to begin on the west sideline of the existing electric transmission
<br />line easement, to meet on the bisector of the angle and to end on the north line of said Northeast
<br />Quarter of the Northeast Quarter. Said strip of land contains 1.3 acres more or less.
<br />NPPD agrees that it shall at all times exercise all due care and diligence to avoid injury or damage to the property
<br />of the CITY, and shall indemnify and save harmless the CITY from any injury, death, damage or loss to the
<br />person or property of any persons whomsoever, arising or occurring by reason of the aforesaid construction,
<br />operation, maintenance, inspection or removal of NPPD's electric transmission line.
<br />NPPD agrees that if the aforesaid construction, operation, maintenance, inspection or removal shall make
<br />necessary any change, alteration, protection or rearrangement of existing facilities of the CITY, that the
<br />reasonable costs resulting therefrom shall be paid by NPPD.
<br />It is understood and agreed that this Subordination Agreement shall not subordinate or in any way affect the
<br />easements of NPPD with respect to other property, nor shall it affect any other easement. It is further understood
<br />and agreed that this Subordination Agreement shall not affect the privileges and easement of ingress and egress to
<br />NPPD for any purpose necessary in connection with the construction, operation, maintenance, inspection or
<br />removal of its electric transmission line.
<br />This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
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