|
42i�
<br /> �►�!����J�j'���1�1SIV��1,'�J�J� L'I�L�J' .�1.�1�L�N� �51,
<br /> __.____ _ __. _ __—_.__�.___
<br />_ � -_ _: - ...�__.__ _
<br /> A B STATE JOURNAL COMPANY LINCOLN NEB � � ��� - � ��� � � � � � �
<br />"- _$.�._.��=-��-_.-...� . . _......._.�_ -_._�-.-..- _..... .. .. . � . . . �,
<br /> ,�.__."'_�__........... ....'_'....,..'___._-_..___.�.. _
<br /> � _ -'_'
<br /> IFor the Constructi on,maintenance and
<br /> } operation of a spur track
<br /> i at
<br /> i GRAND ISLAND,NEHRASRA.
<br /> i ORIGINAL
<br /> ,
<br /> � THIS AGREEfi1:ENT ,made and entered into tilis lst day of Sept A.D. 3914 ,by and bet�veen UNION
<br /> i
<br /> ! PACIFIC RAILROAD CQMPANY,a corpoz•ation (hereinafter called Pacific Co:npany) ,party of the
<br /> { first part and the PASNE-FISHBURN �R.ANITE COrdPA�.rY,of Grand Island,Nebraska,party of the sec-
<br /> i'
<br /> ond part .
<br /> i
<br /> ,
<br /> ` �r�ITivESSETH;,
<br /> ;
<br /> � THAT ,in consideration of the sum of One ( �1) Dollar in hand paid to the party of the firs
<br /> i
<br /> part by tne party of tne second part ,receipt of which is hereby acl�nowledged,and further
<br /> ; consideration of tne benefits and adYantages to be received by each of the �a, rties hereto ,
<br /> � tnrough the construction and maintenance of spur tra.ck to the plant of the said second party
<br /> i
<br /> �
<br /> on line of said Pa.cific Company from connection with the line of said Pacific Company ,known � ..
<br /> �
<br /> as the Dolan Fruit Corn�any� s spur ,on north side of Block 57 between Walnut Street and 'Nheele
<br /> � _
<br /> Avenue at Grand Island,Nebrask�,,for tae pur��ose of loading and unloading cars of the said
<br /> � second party; it is hereby mutually agreed and stipulated ae follows:
<br /> 1. Said first party agrPes to do all of the necessary �rading ,furnish at its own cost and ep low
<br /> Wn as
<br /> expense necessary ties ,rails switch fixtures,fastenings and other track material of said ssible
<br /> t not
<br /> j spur track and lay same as shown in yellow on plat att�,ched and made a part hereof:;, and fect the
<br /> ' reet.
<br /> j further agrees a.t its own expense to maintain,operate repaix �.nd renew said spur track as :�
<br /> ' hereinafter �rovided.
<br /> ` ` _2-
<br /> 2. The said second party hereby agrees to furnish all the land neces_;ary for a right of ' ght
<br /> i o way.
<br /> way for the said track outside of tne rignt of way or lands of the said Pacific Comp�,ny �.nd
<br /> i
<br /> ' furnish tne necessary authority for the construction,maintenance and operation of said track
<br /> ' across ti'Valnut Street .
<br /> i
<br /> � 3.It is hereby mutually agreed that aIl of said rails ,cross ties switch fixtures,fastenin ,
<br /> � etc. ,in said track snall ,during the existence of this agreement and at aIl ti� s hereafter, wnership
<br /> �
<br /> f track
<br /> ` be the pro�erty of the said Pacific Company ,and also,that the said second party shall have n aterial
<br /> Ii right ,title or ownership therein.
<br /> !
<br /> i �-.The said second pa.rty further agrees that it will furnish aIl the material for and,a� it
<br /> ' own cost and expense ,construct and put in any trestles or elevated structures under said apur
<br /> (; track wnicn it may require ,to facilitate the loading or unloading of cars,and will at its own Trestles
<br /> EI eva.t ed
<br /> �i cost and ex ense furnish ti�e naterials for and construct and y
<br /> p , put in an track �cales to be Structures
<br /> �� eed ' n ne � & �rack.�
<br /> � u i con ction witn said spur track; said trestles ,structures and track scales to be con- Scales.
<br /> .,
<br /> �
<br /> � structed under the supervision of the Cnief En�ineer of the said Pa,cific Company in str�et
<br /> � c�nformity to plans a.pproved by him; and �hat it will maintain a,n�. keep in g�od repair and ren w
<br /> � from time to time when necessary ,all of sai� trestles ,structures ,and track scales in such a, �
<br /> !'
<br /> ( manner as shall be satisfactory to the Chief Engineer of the said Pacific Company.
<br /> !
<br /> �`
<br /> S.It is nere�by further agreed th�.t the said track when completed is to be used by the said
<br /> �; second party for tne purpose of la�dzng �ancl�unloading cars with this reservation,to-�it; That Use of
<br /> I: ~ t rack
<br /> the said first party shall have the right to use the said traek for ite owrn business ,or for t e
<br /> ��:
<br /> : business of any other persons or snippers ,provided that the business vf the said other shippe s
<br /> s
<br /> � can be done on tne said tracks without serious detriment or inconvenience to the business of he
<br /> ;
<br /> ' said second pa,rty.
<br /> �
<br /> ! 6. It is further mutually agreed between the partiee hereto ,that if ,at any time during the Removal
<br /> ;
<br /> �' of tra.cks
<br /> j� continuance of this agreement ,the said second party shall from any cause discontinue or aband n
<br /> ---=_ - _
<br /> - __ __ ___ __ _ ___.
<br /> !;
<br /> I,
<br /> il
<br />
|