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202505805
<br />Legal Description — Utility Easement
<br />A tract of land located in part of Lots Seventy-eight (78), Seventy-nine (79), Ninety-seven (97)
<br />and Ninety-eight (98), Industrial Addition in the City of Grand Island, Hall County, Nebraska,
<br />and more particularly described as follows:
<br />Commencing at the West Quarter (W1/4) corner of Section Fourteen (14), Township Eleven
<br />North (T11N), Range Nine West (R9W); thence on an assumed bearing of South 00°03'07"
<br />West, on the West line of the Southwest Quarter (SW114) of said Section 14, T11N, R9W, a
<br />distance of 672.04 feet to a point on the Northeasterly right-of-way line of Burlington Northern
<br />Santa Fe (BNSF) Railroad; thence South 62°02'40" East, on said Northeasterly right-of-way
<br />line of BNSF Railroad, a distance of 656.76 feet; thence North 27°57'21" East, a distance of
<br />20.00 feet to a point on the Northeasterly line of an existing 20-foot-wide utility easement as
<br />recorded in Document No. 95-106188 and filed September 13, 2995, at the Register of Deeds
<br />in Hall County, Nebraska, said point also being the Point of Beginning; thence South
<br />76°43'40" East, a distance of 173.29 feet; thence South 61°58'23" East, a distance of 205.50
<br />feet; thence South 62°41'11" East, a distance of 88.18 feet; thence South 78°28'18" East, a
<br />distance of 205.56 feet; thence North 21°05'52" East, a distance of 5.00 feet; thence South
<br />68°54'08" East, a distance of 30.00 feet; thence South 21°05'52" West, a distance of 20.22 feet;
<br />thence North 78°28'18" West, a distance of 198.62 feet; thence North 62°41'11" West, a
<br />distance of 126.39 feet; thence North 61°58'23" West, a distance of 205.52 feet; thence South
<br />29°36'53" West, a distance of 15.96 feet; thence North 76°43'40" West, a distance of 70.89 feet
<br />to a point on the Northeasterly line of said existing 20-foot-wide utility easement; thence North
<br />62°02'40" West, a distance of 98.63 feet to the Point of Beginning; as illustrated in Exhibit "A"
<br />attached hereto. Said utility easement containing 0.243 acres, more or less.
<br />[The purpose of the above -described easements is for natural gas facilities consisting of
<br />underground pipelines and aboveground equipment and improvements along with all
<br />appurtenances and access thereto (the "Facilities").]
<br />TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as the Facilities shall be
<br />maintained and operated, together with the right of ingress to and egress from said premises for the purpose of
<br />surveying, constructing, installing, inspecting, repairing, maintaining, renewing and replacing the property of the
<br />Grantee located thereon, or removed thereof, in whole or in part, at the will of the Grantee.
<br />The Grantee shall pay for all damages to roads, parking lots, driveways, fences, landscaping and other
<br />similar -type site improvements, subject to Grantor providing means of ingress and egress, caused by the
<br />construction, reconstruction, repair, replacement or maintenance of the Facilities.
<br />The Grantee shall be liable for all damages and losses arising out of Grantee's negligent or intentionally
<br />wrongful actions or violation of applicable law in surveying, constructing, installing, inspecting, repairing, maintaining,
<br />renewing, replacing or operation of the Facilities that may be asserted against Grantor (other than to the extent any
<br />such claims arise from the negligent or intentional misconduct of Grantor or Grantor's agents or third -parties).
<br />Grantee agrees to defend, indemnify and hold harmless Grantor from and against all claims, demands and causes of
<br />action for injury to persons or property or fines or penalties or environmental matters arising out of, incidental to or
<br />resulting from Grantee's negligent or intentionally wrongful actions or violation of applicable law in its use of the
<br />easements or the exercise of any rights by Grantee pursuant to this grant of easements, and from and against all
<br />costs and expenses incurred by Grantor by reason of any such claim or claims, including reasonable attorneys' fees.
<br />Provided Grantee shall not be responsible or liable in any way for any environmental contamination or hazardous
<br />waste presently existing on said property. The provisions of this paragraph shall survive the termination or
<br />abandonment of this gas utility, site and access easement.
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