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M = <br />c n s <br />*� Z <br />O <br />w R = rn 03 <br />1"D N <br />O <br />O -*� <br />O ill <br />O <br />Cn <br />cil <br />o <br />r � �� "L7 <br />m <br />D c..� <br />O <br />y' <br />STORM SEWER EASEMENT AGREEMENT N <br />co <br />oo Z <br />cn <br />Cn <br />v o <br />THIS STORM SEWER EASEMENT AGREEMENT (hereinafter referred <br />to as this <br />/J <br />"Easement Agreement "), is made effective as of the is day of 200, by <br />and between JOHN R. MENARD, an unmarried individual (hereinafter <br />referred to as <br />"Menard ") and the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall <br />L <br />County, State of Nebraska (hereinafter referred to as "Grand Island "). <br />RECITALS <br />WHEREAS, Menard is the owner of certain real estate located in the City of Grand <br />Island, County of Hall, State of Nebraska, described as: <br />Lot 5 of the Menard Second Subdivision, City of Grand Island, County of Hall, and State <br />of Nebraska, <br />hereinafter the "Property "; and <br />WHEREAS, the parties have reached agreement regarding the installation of a storm <br />sewer line across the Property. <br />NOW, THEREFORE, Menard and Grand Island, for themselves and their successors and <br />assigns, in consideration of their respective undertakings, and for other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, hereby covenant and <br />agree as follows: <br />1. NONEXCLUSIVE EASEMENT: Menard hereby grants to Grand Island a non- <br />exclusive easement ( "Easement ") on, in, over, upon, across, and through a portion of the <br />Property more particularly described in the attached Exhibit A for the purpose of constructing, <br />operating, altering, extending, repairing, replacing, and removing a storm sewer line and related <br />appurtenances. <br />2. RESTRICTION: Menard shall have the right to use and enjoy fully said <br />Property subject to the Easement granted herein, but Menard agrees that it will not construct, nor <br />permit to be constructed, any lakes, ponds, trees, shrubs, fences, buildings or other structures of a <br />permanent nature over the Easement without the written consent of Grand Island. <br />Notwithstanding anything herein to the contrary, improvements existing in the Easement as of <br />the date of this Agreement shall be deemed acceptable to Grand Island. <br />1 <br />