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<br />� 17604—The Auguatine Co., County Suppliea, Grand Island, Nebr. ��,.
<br /> AGREEMENT , li
<br /> Irrigation Crossing . Cont. Dept. No. 250�1
<br /> at M.P. 246.02,
<br /> Grand Island Sub- DUPLICATE ORIGINAL
<br /> division. UP Copy
<br /> THIS AGREEMENT, m�de and entered into this 11th �lay of October, 19�-0, by and between
<br /> THE ST. JOSEPH AND GRAND ISLAND RAILWAY COMPANY, a corporation of' the 5tates of Kansas and
<br /> Nebraska, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah
<br /> (hereinafter collectiv�ly called "Railroad Company" ) , and EMIL STELK of Grand Zsland, Hall
<br /> County, Nebraska, (hereinafter called "Licensee" ) , WITNESSETH:
<br /> RECITALS: -
<br /> T�ie Licensee desires to construct, maintain and use an irrigation ditch �hereinafter
<br /> called "Diteh" ) across the right of way and underneath the main tra.ck of the Railroad Com-�
<br /> pany at a point 1, 295 feet distant (when measured along the center line of said main trac�)
<br /> southerly from the north line of Section �, Township 10 North, Kange 9 West of .th� 3i�tth ,
<br /> Principal Meridian, near River, H�,11 County, Nebraska, in the location shown by y�llow
<br /> line on the r�rint hereto attached, d�ted September 14, 19�0, and marked �'Exhibit A��.
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<br /> AGREEMENT: �
<br /> NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: ;
<br /> Section l. RAILROAD COP�PANY GRAIVTS RIGHT. .
<br /> In consideration of the s�am of five dollars ��5.00) to be paid to the Railroad Company ;
<br /> by tne Licensee upon the execution and delivery of this agreement, and in further consid-
<br /> eration of the covenants a.nd agreements herein contained to be by the Licensee kept, ob-
<br /> �erved and performed, the Railroad Company hereby grants to the Licensee, sub,ject to the
<br /> terms and conditions hereinafter stated, the right to construct and thereafter, during the
<br /> term hereof, to maintain and use the Ditch across said right of taay and underneath sa�.d
<br /> main track in the location indicated by yellow line on Exhibit A.
<br /> '�he f oregoing grant is sub,ject and subordinate to the prior �nd continuing right and
<br /> obligation of the Railroad Company to use and maintain its entire railroad right of way
<br /> in the performance of its public duty as a common carrier, and is a.lso sub,ject to the rigYit
<br /> and power of the Railroad Company to cor�struct, maintain, repair, renew, use, operate, change
<br /> modify or relocate railroad tracks, telegraph, telephone, signal or other pole and wire
<br /> lines, pipe lines and other f�.cilities upon, along or across any or aIl parts of said rigYit
<br /> of way, a.11 or any of which may be freely done at any time or times by the Railroad Compar�y
<br />' without liability to the Licensee or to any other party for compensation or damages.
<br /> The foregoing grant is also sub,ject to all outstanding superior rights ( irrcluding thos�
<br /> in favor of telegraph and telephone companies, lessees of said right of way, and others)
<br /> and the right of the Railroad Company to renew a.nd extend the �ame.
<br /> section 2. CONSTRUCTION AND MAINTENANCE.
<br /> The portions o� tne Ditch an said right of way on each side of the roadbed of the Rail-»
<br /> road Company' s said rnain track shall be constructed in accordance with specifications and
<br /> plans satisfaetory to the Railroad Company.
<br /> The Ditch where it cr.asses underneath said main track shall be provided for by a 30-inah
<br /> by l�-inch by 2�--feet wood i�ox culvert, said cul�ert to be placed at a de�th of not less
<br /> than 31 inches below base of rail of said main track.
<br /> The Ditch, including said culvert, shall be con5tructed, maintainec�, repaired and re-
<br /> newed by and at the expense of tne Licensee and all work on said right of way in conn�ctiqn
<br /> therewith shall be done under the supervision and to the satisfaction of the R�,ilroad Com-.
<br /> : pany. All ex�ense incurred by the Ra.ilroad Company in connection with said work for sup�r-:
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