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<br />....,;... <br /> <br />to.., <br /> <br />200809272 <br /> <br />NO-BUILD EASEMENT AGREEMENT <br /> <br />-.-\... <br />THIS AGREEMENT made and entered into this 2q day of October, 2008, by and <br />between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter <br />referred to as "City"; GLOBAL INDUSTRIES, INC., a Corporation, hereinafter referred to as <br />"Grantee"; and EUGENE J. PENROSE and JANICE K. PENROSE, Husband and Wife, <br />hereinafter referred to as "Grantors". <br /> <br />1. STATEMENT OF PURPOSE. This No-Build Easement Agreement is made for <br />the purpose of setting forth the terms and conditions under which the Grantors will sell and <br />convey to the Grantee a no-build easement on the tract of land which is shown and described <br />more particularly on Exhibit "A", attached hereto. The purpose of the no-build easement is to <br />create sufficient set back for the Grantee to construct a manufacturing facility on a tract of land <br />owned by the Grantee and described in paragraph 2 below. Said set back is required by the <br />Grand Island City Code and the International Building Code as adopted by the City. <br /> <br />2. GRANTEE'S REAL ESTATE. The Grantee owns the following-described real <br />estate: Lot Two (2), COlll1ell Industrial Park Third Subdivision to the City of Grand Island, Hall <br />County, Nebraska. <br /> <br />3. GRANTORS' REAL ESTATE. The Grantors own the following-described real <br />estate: Lot Two (2), COlll1ell Industrial Park Second Subdivision to the City of Grand Island, <br />Hall County, Nebraska. <br /> <br />4. EASEMENT TO BE CONVEYED. In consideration of the payment by the <br />Grantee to the Grantors in the amount of One Dollar ($1.00) and other good and valuable <br />consideration, receipt of which is hereby acknowledged and stated more specifically hereafter, <br />the Grantors do hereby sell and convey to the Grantee, its successors and assigns, a non- <br />exclusive right to use a "no-build easement" on the tract of land shown and described on Exhibit <br />"A", attached hereto and made a part hereby by reference, subject to the conditions stated <br />hereafter. <br /> <br />5. CONDITIONS OF NO-BUILD EASEMENT. The no-build easement referred <br />to above shall include the following conditions: <br /> <br />a. The Grantors shall have the right to use and enjoy fully the premises shown and <br />described on Exhibit "A", but shall not construct or permit to be constructed any <br />buildings or structures thereon without the written consent of the Grantee and the <br />City. <br /> <br />b. The easement granted herein is a permanent easement and shall continue in full <br />force and effect so long as the no-build easement is used or required by the <br />Grantee, its successors and assigns, or the City. <br /> <br />1 <br />