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20090427E <br />Half of the Northwest Quarter (W'/zNW'/4); thence running <br />N00°06'17"E, an the west line of said West Half of the Northwest <br />Quarter (W'/2NW'/4), a distance of Five Hundred Eighty-Two and <br />Fifty-Four Hundredths (5$2.54) feet, to the ACTUAL point of <br />beginning and containing 7.446 acres more or less; <br />desires to have subdivided as a subdivision the foregoing tract of land located within the two-mile <br />extraterritorial jurisdiction of the City of Grand Island, Nebraska, and hereby submits to the City <br />Council of such City for acceptance as provided by law an accurate map and plat of such proposed <br />subdivision, to be known as Devall Subdivision, designating explicitly the land to be laid out and <br />particularly describing the lots, easements, and streets belonging to such subdivision, with the lots <br />designated by number, easements by dimensions, and streets by name, and proposes to cause the plat <br />of such subdivision when finally approved by the Regional Planning Commission and the City <br />Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land <br />surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of <br />the street to the use of the public forever. In consideration of the acceptance of the plat of said Devall <br />Subdivision, the Subdivider hereby consents and agrees with the City afGrand Island, Nebraska, that <br />it will install or provide at its expense the following improvements: <br />1. Paving. The Subdivider agrees to waive the right to object to the creation of any <br />paving ar repaving district for Shady Bend Road where it abuts the subdivision. <br />2. Water. Public water supply is not available to the subdivision. Therefore, individual <br />water well systems shall be permissible on an initial basis. The Subdivider waives the right to <br />protest the creation of any future water district within or abutting the subdivision. Any easements <br />shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or <br />repair costs caused by any obstructions. <br />-2- <br />