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<br />SUB&D4NATI N AUREEMENT 200-110282
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<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 />Government Lot 9 and the accretion thereto in Section 16, Township 10 North, Range 9 West of the
<br />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 September 9, 1999, recorded as instrument
<br />No. 99- 108976, 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 Government Lot 9
<br />and the accretion thereto in Section 16, Township 10 North, Range 9 West of the 6`h P.M., Hall
<br />County, Nebraska, EXCEPT that portion deeded to Hall County, Nebraska for South Locust road
<br />right -of -way, said strip of land is coincident with the west right -of -way line of said road and is
<br />variable from 66 feet to 69 feet in width, being 50 feet west and variable from 16 feet to 19 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: Entering the property on the south line
<br />at a location 147 feet west of the Southeast Corner of said Government Lot 9, said location is 16 feet
<br />west of the west right -of -way line of said road; thence north to a location 182 feet north of the south
<br />line and 144 feet west of the east line of said Government Lot 9, said location is 16 feet west of the
<br />west right -of -way line of said road; thence north leaving the property on the center of a channel of
<br />the Platte River at a location 138 feet west of the east line of said Government Lot 9, said location is
<br />19 feet west of the west right -of -way line of said road. The west sideline of said strip of land is
<br />lengthened or shortened to begin on the south line of said Government Lot 9, to meet on the bisector
<br />of the angle and to end on the center of a channel of the Platte River. Said strip of land contains 0.8
<br />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 />w SPT -804 �S)
<br />L 8 -12- 011451
<br />° = U Page 1 of 2
<br />a (n LU
<br />= u z v u
<br />Q 2 w C
<br />SUB&D4NATI N AUREEMENT 200-110282
<br />c�
<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 />Government Lot 9 and the accretion thereto in Section 16, Township 10 North, Range 9 West of the
<br />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 September 9, 1999, recorded as instrument
<br />No. 99- 108976, 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 Government Lot 9
<br />and the accretion thereto in Section 16, Township 10 North, Range 9 West of the 6`h P.M., Hall
<br />County, Nebraska, EXCEPT that portion deeded to Hall County, Nebraska for South Locust road
<br />right -of -way, said strip of land is coincident with the west right -of -way line of said road and is
<br />variable from 66 feet to 69 feet in width, being 50 feet west and variable from 16 feet to 19 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: Entering the property on the south line
<br />at a location 147 feet west of the Southeast Corner of said Government Lot 9, said location is 16 feet
<br />west of the west right -of -way line of said road; thence north to a location 182 feet north of the south
<br />line and 144 feet west of the east line of said Government Lot 9, said location is 16 feet west of the
<br />west right -of -way line of said road; thence north leaving the property on the center of a channel of
<br />the Platte River at a location 138 feet west of the east line of said Government Lot 9, said location is
<br />19 feet west of the west right -of -way line of said road. The west sideline of said strip of land is
<br />lengthened or shortened to begin on the south line of said Government Lot 9, to meet on the bisector
<br />of the angle and to end on the center of a channel of the Platte River. Said strip of land contains 0.8
<br />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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