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<br /> rxe�ucusnncco.-7606 i
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<br /> '� said section, thence west on the south line of said seetion Five to the point of beginning. "
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<br /> ''' It is understood and agreed by the parties hereto that the right-of-way referred to in the paxa,�r�.ph
<br /> �` preceding is only a part of the right-of±-v�ay herein granted, and that this part lies to the south ;'
<br /> of the right-of-�ray of the said Chicago , Burlin�ton and r�uincy railroad, and that upon this pg�tipn
<br /> the said storm sewer to be constructed by the party of the second p�rt_ shall be inclosed and laid±�
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<br /> �;� in a covered trench, and tnat the covered sewer laid upon that partion herein described shall be ,i
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<br /> ' approximately sixty {60) inches in d.iameter and shall be approximately three feet below the surfa�e
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<br /> � of the ground. '�
<br /> The said first party further grants unto the seeond party a right-of-way across and upon the said;'�
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<br /> � Seetion Five, a strip of land sixty-six (66) feet in width along said Section Five, or Thirty-thr�e
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<br /> (33) feet in width from the �rest line of the road running along said section, which sai.d right-of�
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<br /> �ay is more particularly described as follows; A part of the East One-half (E2) of Seetion Five ��
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<br /> ( 5) , Toumship Eleven (11) , North, Ra.nge Nine (9) ,�est of the 6th P.M. more particularlp described;;
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<br /> ' as follows: Beginning at a point on the nor-th line of the right-of-v�ay of the �hicago, Burlingto,�
<br /> a,nd Quincy Railro�,d, �,nd sixty-six (6h) feet west of the east line of said �ection Five (5) , To�n.;�-
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<br /> ' ship Eleven (lI) , North, Range Nine (9) , running thence north to the north line of said Section �;
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<br /> Five, thence east for a distance of thirty-three (33�) feet , thence running south parallel with thl�
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<br /> ' east line of said section Five to the north line of the right-of-way of the said ChiQa�o, Burlint��n
<br /> and Quincy Ra.ilroad, thence north�aesterly along the north line of the ,said Chica�o, Burlington an�. �
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<br /> , Quincy Railroad right-of-�ray to the place of beginning. , ;�
<br /> � It is understood and agreed that this portion af the right-of-way lies to the north of the said ��
<br /> Chicago , Burlington and Quincy Railroad right-of-way and that upon this portion the said second �;
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<br /> par�y sha.11 construct a portion of said storm sewer, but that the water so conveyed shall be con-��
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<br /> '' veyed in a open ditch.
<br /> The art o�' the first art rants unto the art of the second art far the �t oses of conve i. �'�
<br /> P Y P g P Y P P� � Y �
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<br /> �, storm water from the city�s streets and alleys, the right to enter said premises herein describedj, .
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<br /> '' and to excavate, lay and construct upon eaid premises �he closed conduit herein mentioned, and to;�
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<br /> ' excavate and construct the open ditch hereinbefore referred to, and to do all thin�s neeessaxy ta�
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<br /> 'i construct said storm s ewer, provided, however, upon completion of the work the surface shall be ;` �
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<br /> ' restored to its present eonditi�n ox as near thereto as shall be reaeonably possible. !;
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<br /> '' The said first party grants to the said second party the right from time to time to enter upon saiiid
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<br /> ',' premises after the completion of said conduit and ditch for the purpose of opening said conduit !i
<br /> ': or any part thereof for the purpose of repairing, renewing or altering the same as the occasion ,`
<br /> " ma,y r equire, �,nd for the purpose of z�epairing eaid ditch and cleaning the same, doing no unneees�;
<br /> � saxy damage to s aid premises, and restoring the surface thereof wherever opened, as soon as may ;;
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<br /> be reasonably possible. �+
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<br /> The said first party grants to the said second party the right to enter upon said premises and td
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<br /> ', remove said covered conduit and to refill said open ditch whenever said party of the second part !;
<br /> !' ehall determine to abandon the use thereof, or whenever the right to maintain the same upon said ;i
<br /> ` premises, for any reason, shall cease, doing no unnecessary damage to s�id premises, and restori�lg
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<br /> ' the surface thereof when so opened ae soon as may be reasonably possible. ��
<br /> ' The said second p�rty agrees that it will do all work and a7.1 thin�s necessary to be done in the :i
<br /> !, construction of said covered conduit and open ditah in a workmanlike manner, so as to not cause i;
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<br /> ', any unnecessary c�a,mage to the party of the first part, and the said eecond paxty further agrees '
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<br /> ' that it will pay any and all damages which the fi.rst party may suffer during the construct3.on of;,
<br /> ;i said closed conduit or any damages which the said first party may suffer in the repairin�, remov-�
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<br />�� '' ing or renewing of any paxt of said se�ver after its constr�uction, and will pay any and all damag�s
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<br /> '� which the first party may suff er by r e�,son of the operation of said s��er. ;
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<br />' 'i The second party agrees that it will, at all times, keep the said conduit and open ditch in good 'j
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