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RWEI-24-56 3135 SCHIMMER DR W CASH CHECK bLOgm OZ Please retum to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 MST 2021-1 0 a 0 1 This Space Reserved for Register of Deed REFUNDS: CASH CHECK RECORDED HALL COUNTY NE 20I4OCT I F3 AI0:53 KRIS T 1 WOLD REGISTER OF DEEDS yiY Right-of-Way/Easement Utility Permit This Right-of-Way/Easement Utility Permit is granted by the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Permitor" and ALLO Communications, hereinafter referred to as the "Permittee". 1. STATEMENT OF PURPOSE. The purpose of this Permit is to set forth the terms and conditions, under which the Permittee may construct, maintain, repair, and utilize the following described installation/improvement which will infringe upon a public right-of-way: To access the City's public right-of-way for installation of fiber cable to serve the property addressed as 3135 Schimmer Drive in connection with ALLO Project GDI-01-27, per the attached Exhibit "A", dated 09/18/2024 consisting of sixteen (16) pages. 2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public right-of-way to which this Right-of-Way/Easement Utility Permit shall apply: A tract of land comprising a part of the Northwest Quarter of the Northwest Quarter of Section five (5), Township ten (10), Range nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the North line of said Section five (5), said point being 48.0 feet East of the Northwest corner of said Section five (5), and a point on the Easterly right-of-way line of the U.S. Highways 34 and 281; thence Easterly along the North line of said Section five (5), a distance of 1,255.89 feet, thence deflecting Right 88 degrees 51'21" and running Southerly, a distance of 416.57 feet; thence deflecting Right 88 degrees 45'43" and running Southwesterly, a distance of 1,184.01 feet to said Eastly highway right-of-way line; thence deflecting Right 91 degrees 36'27" and running Northerly along said right-of-way line, a distance of 111.55 feet; thence deflecting Left 89 degrees 13'31" and running Westerly along said right-of-way line, a distance of 75.0 feet; thence deflecting Right 89 degrees 13'31" and running Northerly along said right-of-way line, a distance of 354.2 feet to the place of beginning; EXCEPTING THEREFROM tracts of land deeded to the City of Grand Island, Nebraska as described in Warranty Deed recorded December 14, 2000 as Inst. No 200010830• records of Hall County, Nebraska. 3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for damages against the Permitor, its officers, employee, agents and independent contractors for any damage or injury that may result to said installation/improvement. If the Permitor, in its sole discretion, determines that any part or all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee agrees to assume and pay all costs relating to the replacement or repair of the installation/improvement. Permittee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this permit. All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and that the cost of making such changes, additions, repairs and relocations shall be bome by the applicant, and that all of the cost of the work to be accomplished under this permit shall be bome by the permittee who agrees to hold the City harmless therefore. Permittee is responsible for submitting an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the "excavator" has determined the work is complete. Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor eliminate any interference with known/marked City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Permittee. 4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original construction and future maintenance work on the described installation/improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Permittee shall be responsible for any and all damages, except to the extent that such damaged facility failed to comply with the requirement of Neb. Rev. Stat. 76-2301 et seq. Must be cautious working in this area as there is a twenty (20) inch water distribution main north side of Schimmer Drive, as well as a thirty (30) inch water transmission main south side of Schimmer Drive. Must maintain a minimum three (3) foot horizontal separation if paralleling water mains, as well as minimum one (1) foot vertical separation at water main crossings.