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<br /> � ACRF►�r�EI��T : q
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<br /> THIS AGREEPPENT, r�a�de and entered into this 26th day o�' January,1923, by and
<br /> ! be+t�een tTNICPd F�CIFIC R?1ILROAD CGP:;P��NY, a corporation of the State of Utah, (herexrafter calli�d
<br /> "F�ailroad Company��) , party of the first part, and CHARLES V9INTER, of Grand Island, Hall Count�,
<br /> ' I�Tebraska, (�ereinafter called "Licensee "} , party of the second part, v,tITTvESSETH:
<br /> ' RECITALS:
<br /> The Licensee o�r�ns the abutting land on both sides of the right of �Jay of the Ord ;
<br /> Branch of the railroad of the Railroad Company in the South Half of the Northwest Quarter
<br /> (�2 of ?�T��J�} of Sec��on T�venty-sevsn {�,7} , Tov��nship T�relve (12) North, Range Nine (9) West,
<br /> :�ixth Principal P:�eridiar►, northerly�of and near Grand Islan�� Hall Cou�zty, Nebrask�., a.nd '
<br /> de�ires a private roa.d crossing over said ri$ht of v�ay and the track of the Railroad Company
<br /> loca.ted trereon �s a means for pas,ing from one rart of said land to the other.
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<br /> ' AGREEP.�:EP�T : . ,
<br /> NC�"1 THErtiEFORE IT IS r:!!tTTUE�LLY COVEIv'ANTED AIVTD �_GREED by and between the parties
<br /> hereto as foll.ows, to-c�it :
<br /> (1) RIGHT GI�ATdTED TO LICENSEE:
<br /> The Railro�,d Cor�pany hereby grants to the Licensee the ,right to construct or have '
<br /> constructed and thereafter during the term hereof to m�,intain and use a private road (which
<br /> together l��ith the rec;uisite ga.+„es in t�e right of a��ay fences is herein�fter called perossing"��
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<br /> �.cross said right of way and track along a line pa.ra11e1 with and approximately five hundred '
<br /> e.ighty (580) feet distant northerly, at right angles, from the east and �rest center line of
<br /> said Ssction Twenty-seven (2"7) .
<br /> (2 j V�LRK OP3 CRO:>SING - L1�BOR �JD I�+IATERIAI. THEREFOR: i
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<br /> - In the constrtzction: mainten.ance, re�air and renewal of the crossing all work on the t�ack
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<br /> �' structure, including tho roadbed, and all work in connection with tre erection and renewal
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<br /> i of gates and in connection v�rith any other railroad structure or appliance shall be done by ''
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<br /> the Railroad Company, and the material therefor, including the gates, shall be furnished. by
<br /> the Railroad Company. The Railroad Company sha.11 also raise, or arrange for the raising of,
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<br /> the telephcne and telegraph t��ires located on said right of way where the crossing is to be
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<br />� �� �I constrtzcted, to such a height that they will not interfere with the use of the crossing, whic�
<br /> i work shall be considered �.s a part of that rea,uired in the construction of the crossing. �11 ;
<br /> i other v�rork, including the grading of approaches, necessarp drainage under them, and the maint-. �
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<br /> ; enance and repair of the gates may be dona, and the ma,terial therefor ma.y be furnished, by th�
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<br /> ` Licensee at the election of the Licensee. In the event the Licensee fails to perform work and�'
<br /> or furnish material in the manner or at the time necessary to properly carry out tha provis- ,
<br /> �� ions of the next succse�ding section hereof the Railroad Company may perform such ��ork and/or '
<br /> furnish such material.
<br /> (3� Tt�CI-2K OIv' CROSSING - LICENSEE �'0 BEAR .F�XPENSE:
<br /> The erossing sh�ll be constructed and kept in a manner and condition satisfact- �
<br /> ory to the Railroad Company, and the construction, maintenance, repair and renev��al thereaf ,
<br /> shall be in accordance trrith pl�ns and speeifications approved by the Railroad Company. �11
<br /> , expense incident to such construction, mainfi,enance, repair and renev�ral shall be borne by the �
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<br /> Licensee.
<br /> i (4} LICEI`TSEE TC P��AKE DEFOSIT - PAYI4'�PJT OF BILLS:
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<br /> !i Before any work is done in connection with the construction of the crossing the ;
<br /> ' Licensee shall deposit with the Railro�,d Company the sum of eighty-two dollars (�82.CG) , bein�
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