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i�� <br /> 11�[�SC�I�LA,I�TEOUS RECORD R <br /> - -- -_-.----_-____.________---___________ _---------____� ---------- --- -- - <br /> TXE�U6U�TIME CO.-7GOG <br /> I <br /> �of the Southeast Quarter of Northwest Quarter lying 8outh of the County road kno�vn as �►est Seeond ;� <br /> �, <br /> �Street , aIl in, 3ection 20, Tovonship 11, north, Range 9, West of the 6th P.M. ` <br /> ( <br /> 'Now this indenture witnesseth, as follows: �� <br /> 1. In consideration of one dollar (�1.00) , this day in hand paid by said party of the second part <br /> ;I <br /> � <br /> to said parties of the first part, the reeeipt whereof is hereby confessed and acknowledged, and I, <br /> �of the covenants on the part of said paxty of the second pa.rt hereina�ter contained, said parties ' <br /> '�I <br /> of the first part hereby gr�nte to said partq of the second part the rights and liberties follow -�� <br /> i <br /> ing, namely,------- !� <br /> � <br /> (a) 2'he right, for the purpose of conveying water from the water main on what is known as Second !! <br /> 'Street, if the same were eztended, to the Grand Island Cemetery; to lay, maintain and use, through�` <br /> � <br /> �and under said premises, a line of water pipe af not exceeding sia inches in diameter, and build ;f <br /> �, <br /> "a1.1 proper and usual accessories �uttable for the sa.me, from a point marked "AN on s�.id plat, to ,� <br /> Ia point marked "B" thereon in the resp�sctive�courses shown by a line on said plat so that said ; <br /> ;line of pipe shall be laid not less than four and one-half f eet below the surface of the earth in ;f <br /> covered trenehee, and so that no unneces$ary damage shall be done to said premises, and �so that �� <br /> i� <br /> ,upon the compZetion of the work tne surface ehall be restored to its present condition, or ae near; <br /> � <br /> � 'thereto as shall be reasonably possible. '� <br /> (b) The right , from time to time, to enter upon said premises and to open up said l�ne of pipe, <br /> ;1 <br /> i <br /> i' <br /> 'or any part thereof, for the purpose of repairing or renewing the sa.me as occasion may require, ;I <br /> ; <br /> �i <br /> ';doing no unnecessary damage to said premises and restoring the surface thereof wheaever opened ;� <br /> �� <br /> up, as soon as may be possible. <br /> � � <br /> (c) The right to enter upon said premises and to remove said pipe whenever said party of the . �� <br /> ,� <br /> ' second part shall determine to abondon the use thereof, or�never the right to maintain the eame 't <br /> �'��� <br /> .upon said premises for any reason shall cease, doing no unnecessar�r damage to said premises, and ;� <br /> restoring the surface thereof when so opened up, .as soon as may be possible. �� <br /> i <br /> ' To hold and enjoy the said rights and liberties hereby granted unto the said party of the second � <br /> � <br /> ' part forever, subject to determination ae hereinafter provided. � <br /> � �!, <br /> ' 2. Said party of the second past covenants with said parties of the first part as follows; namel � <br /> ; <br /> � <br /> --�hat � <br /> ; (a) 3aid party of the second part will do all works and things hereby authorized to be done by iti <br /> I <br /> , upon or affecting said premises, in a good and workma.nlike manner, and ao a,s to cause no unneces� ' <br /> _ � 'i <br /> sary dama�e or disturbance to said premises; _ � <br /> � <br /> (b) Said party of �he second part will be responsible for and pay to said parties of the first � <br /> - �� <br /> . part any damages occasioned to them by said party of the second part or its agenta in so laying, i, <br /> � <br /> repairin�;, renewing, or removing said line of pipe, or any part thereof, or by reason of said � <br /> � I <br /> pipes leaking, breakin� or bursting, or that may result from any reason or cauae to said partiea ' <br /> i <br /> � <br /> of the first part or to said premises in consequence of the granting bp said,parties of the first�' <br /> part of said rights and privileges; i <br /> , <br /> � <br /> ' (e) Said pa.rty of the second past will keep the pipes and other works of said party of the second � <br /> ; paxt, which shall be laid or eonstrue�d in said premises, in good repair and condition; �� <br /> i <br /> ,, (d) Said party of the seoond part �ill �eep said parties of the first par� indemnified against al � <br /> � <br />� actions, claims and dema.nds that may be lawfulZy brought or made a�ainst it by reason of �nything� <br /> � ' <br /> done b y said party of the second part in �xercise or pur�orted ezercise of the rights and privi- i <br /> i� <br /> ` I.eges hereby granted; ! <br /> (e) Said party of the seeond part will at any time, upon 45 daqs� duly authorized written notice ; <br /> . I <br /> ,` given by said paxtiea of the first part, that it desires to erect a building or buildings upon ; <br /> r i <br /> i ! <br /> ithat part of said premises upon which said line of pipe is: so laid or situate, or any part there- !I <br /> ; of, remove said line of pipe and rela� tne eame in such courses and manner as the officer or agen <br /> ' of said parties of the first part specified in said notice shall determine, and res�ore said ; <br /> ; <br /> , <br /> , <br /> . <br /> :�: � <br /> �� . <br />