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<br />I <br /> <br />'I <br />84..... 002475 <br /> <br />r <br /> <br />EASEMENT AGREEMENT <br /> <br />EASEMENT AGREEMENT, dated as of this.?oj day of <br /> <br />;Lh~ , 1984, by and between GRAND ISLAND MALL, LTD., a <br /> <br />Nebraska limited partnership having an office at 2228 North <br /> <br /> <br />Webb Road, Grand Island, Nebraska 68801 ("GIM") and CITY <br /> <br />OF GRAND ISLAND, Nebraska ("City"). <br /> <br />!! ! !. !! ~ ~ ~ E T H: <br /> <br />GIM is the owner in fee simple of that certain <br /> <br />parcel of land (the "Parcel") located in the City of Grand <br /> <br />Island, Hall county, Nebraska, which Parcel is more particu- <br /> <br />larly described as Lot 7, Grand Island Mall Fifth Subdivi- <br /> <br />sion, and depicted on the plot plan annexed hereto as Exhibit <br /> <br />A. City wishes to cause to be constructed by GIM on the <br /> <br />1. For and in consideration <br /> <br /> <br />Parcel a storm water retention ditch (the "Retention Ditch") <br /> <br />to provide drainage to the Parcel and to adjacent lands, and <br />GIM has agreed to construct the Retention Ditch, and City has <br /> <br />agreed to meintain the Retention Ditch in good repair. <br /> <br />NOW, THEREFORE, the parties hereto agree as fOllCM<<fII,:' <br /> <br />and valuable consideration, GIM hereby grant_" bargll1ns.,a..J.:1;a;' <br />and quitclaims to City, its successors and asaigns <br />non-exclusive easement across the Parcel for the <br /> <br />taining thereon the Retention Ditch. <br />2. Ci ty covenants and agrees to maintain the letGo:- <br /> <br />tion Ditch in good repair i structurally sound and cl_a~'r o-f rUb~ <br /> <br />biah, debris and obstructions of any kind. GIN shall hava nO <br /> <br />responsibility of any sort in connection with the maintGanee <br /> <br />of the Retention Ditch. Neither the Retention Ditch north.; <br /> <br />L <br />