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<br />�0�oo79�s
<br />Tract 2
<br />Commencing at the northeast corn�r of the Northeast Quarter (NE %), Section Five (5), Township
<br />Eleven (11) North, Range Nine (9) West; thence southerly alang the easterly line of the said Northeast
<br />Quarter (NE %) being an assumed bearing af 501'�40'39"E, a distance of two thousand two hundred
<br />fourteen and fifty five hundredths (2,214.55) feet; thence S89' 20'0�"W, a distance of sixty four and
<br />fifty twq hundredths (fi4.52) feet to a point on the westerly right-of-way line of Broadwell Avenue
<br />being the ACTUAL Paint of Beginning; thence continuing 589� �0'00°W, a distance of 5even hundred
<br />thirty five and four hundredths (735.04) feet; thence Nfi4°' S4'38"W, a di5tance of one hundred sixty six
<br />and forty two hundredths (166.42) feet. The side lines of the above described tract shall be prolonged
<br />or shortened as required to terminate on the boundary of Grantor's property.
<br />The above-described easement and right-of-way tracts containin� a combined total of 0.944 acres,
<br />more or less, as shown on the plat dated 7/28/2010, marked Exhibit "A", attached hereto and
<br />incorporated herein byreference,
<br />TO HAVE ANQ TO HOLD said Agreement to Grantee, its successors and assigns.
<br />1. The Grantor shall not construct or lacate any building or structure, excluding fences, over,
<br />upon, or under any easement shown thereon and the tanstruction or location of any fence or other
<br />improvement which abstructs drainage shall be prohibited over, upon or under any storm drain easement or
<br />drainage easement shown thereon and shall not permit anyane else to do so.
<br />2. The Grantee agrees to pay the Grantor, it5 successors and assigns, for any damage to personal
<br />property, signs, driveways, sidewalks or other permanent pads or surfaces, and landscaping after the initial
<br />constructing, reconstructing, replacing, repairing, perpetually operating and maintaining the public utilities. In
<br />the event of said damage, claims shall be submitted to the Grantee in writing within ninety (90) days of the
<br />date the Gran#or becomes aware of such damage; and final payment shall be made on or before 5ixty (fi0) days
<br />follawing the submission of claims; otherwise, it is agreed that said claim for damages shall be waived.
<br />3. The Grantee shall, wherever possible, utilize public right-of-way to survey, construct, maintain,
<br />inspect, remove, alter, relacate or reconstruct the public utilities or any associated equipment.
<br />4. The Grantee $hall have the right at any time to trim or remove such trees or other brush a$
<br />may, in any way, endanger or interfere with the safe canstruction, aperation, maintenance, alteration or
<br />reconstruttion of its public utilities. All refuse from such cutting, trimming or removal shall be removed from
<br />the land by the Grant�e.
<br />5. Grantee shall hav� the right to cantrol all weeds, trees, and brush along, adjacent to and over,
<br />the public utilities during and after the construction, for the purposes of survey, inspection, remaval,
<br />alteration, relocation, or reconstruction so long as it does not damage, and is similar in appearance to, the
<br />surrounding landscape.
<br />VBEL City of Grand Island Public Utility Easement Agreem�nt Page � of 3
<br />NIS Land q
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