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200212222 THE WEST NINE FEET (9.00') OF THE REMAINING PORTION OF LOT 5 BURCH SUBDIVISION, together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to furnish, install, maintain, operate and replace landscape items and appurtenances at the non - surfaced areas adjacent to South Locust Street as constructed under Street Improvement District 1221. This shall include: initial planting of shrubs, trees, and flower beds; fertilizing, mulching, and trimming of grasses, shrubs, and trees on a regular basIs; construction, operations and maintenance of an irrigation system for the plantings including all necessary water meters, valves, backflow devices, electrical items and enclosures; and furnishing, installing and maintenance of landscape paving bricks. Any such plantings, irrigation systems and related appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract, that they will not remove or intentionally damage the plantings, irrigation system or other landscape appurtenance within the easement area, and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns will be allowed to perpetuate the use of parking and drive access at all hard surfaced areas included within this easement and will retain the right to erect business signs within the easement area subject to the approval of the City Of Grand Island and in compliance with all local ordinances and regulations. -2-