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202505048
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Last modified
9/10/2025 11:03:12 AM
Creation date
9/10/2025 11:02:51 AM
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DEEDS
Inst Number
202505048
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202505048 <br />4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original <br />construction and future maintenance work on <br />the described installation/improvement. No excavation work will be permitted in the area of underground utility facilities <br />until all such facilities have been <br />located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any <br />possibility of damage to the utility facility. <br />The Permittee shall be responsible for any and all damages, except to the extent that such damaged facility failed to <br />comply with the requirement of Neb. Rev. <br />stat. 76-2301 et seq. <br />The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the <br />operation or maintenance of the facilities <br />of other persons, firms or corporations previously issued permits of use and occupancy, and the proposed facilities shall <br />not be dangerous to persons or <br />property using or occupying the roadway or using facilities constructed under previously granted permits of use and <br />occupancy; and that the City's records of <br />prior permits are available, it being the duty of the applicant to determine the existence and location of all facilities within <br />the City right-of-way/easement. <br />Must maintain a minimum three (3) foot of horizontal separation if paralleling water mains, fire hydrants, etc., as well as <br />minimum one (1) foot of vertical separation at water main and fire hydrant lead crossings. Contact Utilities Engineering <br />prior to installation for alignment and clearance verification, 308-385-5463x2166. <br />Must maintain a minimum three (3) foot of horizontal separation if paralleling electric primary. Must maintain a one (1) foot <br />1' of vertical separation at electric primary crossing. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in <br />Paragraph 1 above requires the excavation <br />of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right- <br />of-way/easement or neighboring <br />property, the Permittee shall restore the surface of the area to the same condition as it existed immediately prior to the <br />Permittee's work in the area. <br />Drainage in roadway side and cross ditches must be maintained at all times. The entire right-of-way/easement affected by <br />work under a permit must be <br />restored to as good a condition as existed prior to beginning work to the complete satisfaction of the City Engineer. <br />6. EFFECTIVE DATE. This Right-of-Way/Easement Utility Permit shall take effect on the date it is executed by the Public <br />Works Director/City Engineer of the <br />City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided <br />hereafter. <br />7. TERMINATION. This Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. If there is a <br />valid Franchise Agreement <br />between the Permitor and Permitee, the termination provisions in that agreement shall supersede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said permit is for <br />work due to an occurrence as <br />described in Paragraph 3 above and said work has the prior written approval of the Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the City's property, <br />public right-of-way, or easement <br />owned by the Permitor except that described in Paragraph 1 above. <br />Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby agrees, to <br />remove said improvement from the <br />Permitor's property at its own expense and without cost to the Permitor. Said removal to occur no later than sixty (60) days <br />after receipt of the notice of <br />intention to terminate or any of the occurrences set forth in Paragraph 7 above. Should the Permitee fail to do so, the <br />Permitor may remove or cause the <br />removal of said improvement from the Permitor's property and the Permittee agrees to reimburse the Permitor for all its <br />costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and assigns. <br />
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