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<br /> �1[� SC ��,]LA,�T�E��J� ��C ��� LJ
<br /> 21917—The Augustfne Co., County Supplies, Grand Island, Nebr.
<br /> James T.Brett, to me kno?an to oe tne identical person who execu'ted the U�ithin anc� foregoing
<br /> instrument, and acknowledged to me th�t he executed the s�.me as his free and volunt�ry act
<br /> and r�eed, and for t�ie uses and purposes therein set forth.
<br /> `-1ITI��SS my hand and seal the d�y ar.d date last above namec�.
<br /> Ki t Bak er
<br /> (SEAL) Nota.ry Public
<br /> t�iy commission expires: May 20th, 1g4�
<br /> Filed for rPCOrd this 1�+ d�,y of Au�uSt, 1943, at 3:00 o � clock P.M. ����� �jj
<br /> `J1-u-��
<br /> Register of eeds
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<br /> AFii'I DAV I T .
<br /> �
<br /> state of Nebraslia ) H�rry S.Eaton, bein�_ firgt duly staoriz, upon oath denoses and says
<br /> Hall County ) °S' that he iaas Taell and person�lly acqu�inted Tvith jJicholas Kelly,
<br /> no�tiT deceased, �.n6. that he has i�ersonal gnosaledge of the conditions relatin� to the probat3ng
<br /> of the estt�te of said Nicholas Kelly, deceased.
<br /> That he ��ositively knows tha.t in compliance t�rith the terms of tne last will a.nd testament
<br /> of said deceased a ma.nument cos�ing not less tizat �$�00.00 i��as procured, paid for, and
<br /> er?cted on tne �rave of said deceased.
<br /> That he positively knows that tile terms of t��e t�rill pertainin� to Ellen Kelly, !�►ido*a of
<br /> sai� deceased, were in every respect complied T�aith.
<br /> Affiant f�zrther states tria.t he uositively kno�as trlat trle said Ellen Kelly, ?�aidow of
<br /> said �.ecea.5ed, departeci this li.fe on or about TJovember 2, 1915.
<br /> Harry S.Eaton
<br /> Subscribed and sworn to before me this 17 day of June, 1920.
<br /> C. S.Hoekstra
<br /> (SEAL) iJotary Public in and
<br /> M� Commission Expires August 7, 1925 for Hall County, Nebraska.
<br /> Filed for record this 14th d�y of Au�ust, 19�-„ at 3:00 0 � clock P.2✓. ����� �/
<br />� tw4 v�
<br /> egister of �eds
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<br /> AGREEI�•Z�Iv T
<br /> `�� �UPLICATE ORIGSNAL
<br /> RR Copy
<br /> �Nebr. Div. .Fi1e ND-724
<br /> 6-inch G�s Pipe Line Crossin� - Cont. Dept. No. 27710
<br /> at Oak St. , Granc� Island
<br /> `�HIa AGREEMENT, Made and entered into this 29th d.ay of July, 19�-3, by and bet�,reen UNION
<br /> PACIFIC RAILROAD COMPATJY, a corporation of the State of Utah (hereinafter called "Railroad
<br /> Company" ) and NOR�I'H;�dESTERN PU�3LIC SERVICE COT��PAI�iX, a cor oration of the 3tate of Delat�rare,
<br /> with �rincipal pl�:ce of business at Huron, South DakotP �hereina.fter called "Licensee'�) ,
<br /> WITNESSETH:
<br /> RECITALS:
<br /> The Licensee desires to construct, maintain and opera.te a 6-inch gas pipe line therein-
<br /> aPter referred to as '�Pine Line'� ) acros:= the riaht of t,�a.y r.nd under the tracks of the Rail-
<br /> ro�,cl Company along a line parallel to and a�t�roximately IQ feet ti��esterly of the easterly
<br /> line of Oak Street at Grand Isl�n�., Ha11 Count , Nebrask�., in the loca.tion sho�an by yellow
<br /> line on the print hereto attached dated June �, 1943, and zriarked °Exhibit A'�.
<br /> AGREFr�EtiT:
<br /> NO':J THEREFORE, it is mutua.11y �.greed b;� an� between the p�rties hereto as f o1loTas:
<br /> Section l. RAILROAl7 COP�IPANY GI�ATdTS RIGHT.
<br /> In consic?er��,tion of the covenants a.nd agreements herein set out to be b� the Licensee
<br /> kept, observeci �nd �erformed., t�le Rail.road Company hereby grants to the Licenaee, sub�ject
<br /> to tne terms anc� conditions herein atated, the ri�ht to construct and therea,fter, during the
<br /> term hereof, to mainta.in anci onerate the Pipe Line across s�id rl�ht of �aay and �rnder s�.id
<br /> tracks in tize location sho�an b�r yellow line on Exhi'ait A.
<br /> The foregoing grant i� sub�ject and s�abordin�te to tY�e r�rior and continuing right and
<br /> obli�ation of ti�e P.a,ilroa.d Compa.ny to use and maint�in its entire railroad right of uaay
<br /> in the perform�nce of its r�ublic duty as a common carrier, and is also sub,ject to the right
<br /> and ��o�aer of tne Railroad Company to construct, maintain, repair, renew, use, operate, change,
<br /> modify or relocate railroad tracks, telegraph, telephone, signal or other wire lines, pipe
<br /> lines a,nd Ot+11P,�" facilities u�or., �.lon�� or across any or all uarta of said right of way, all
<br /> or any ef tti*hich may be freely c�one at any time or tlmes by the Railro�d �ompany without
<br /> liability to tne Licensee or to �ny other party for compensa.tion or da_mage .
<br /> The foregoing �rant �s also st?b,ject to all o�atstandin� superior ri�nts �including those
<br /> in f�vor o.f telegraph and telephc�ne cnmpanies, lessees of sa�a ribnt of Taay, and otl� rs) and
<br /> the ri�ht of the Railroad Com��any to renew and extend the same.
<br /> Section 2. CO�VSTRU�'�ION, MA.IN`l'ENANCE A:1D OPERATIOiv.
<br /> The Pipe Line sha.11 be constructed, operated, ma�ntained, repaired, renewed and/or re-
<br /> constructec� by the Licensee in strict conformity t�rith Union Pacific Syatem Common Standard
<br /> Specification 1Q29, ���hich is hereby, by rPference, made a part hereof. A co�y of s�id
<br /> Specification I029 is on file in the oPFice oi' the C'r�ief Engineer flf the Railra�ad Company
<br /> and a cony thereof has heretofore been furnished to the Licensee.
<br /> The Llcensee sh�ll keep and maintPin the soil over the Pipe Line thoroughly compacted
<br /> and the grade even t,rith the ad,jacent surface of trie ground.
<br /> All work performed on sa.id right of T�ray in connection with the construction, ma_inten-
<br /> ance, repa.ir, rene�aal, or reconstruction of the Pipe Line snall be done unc�er the super-
<br /> vision and to the satisfaction of the Railro�d Cor�p�.ny.
<br /> Prior to t�ie commencement of any ��ork in connection T�rith the construction, maintenance,
<br /> repa.ir, renewal or reconstruction of the Pipe Line tanere it passes underneath t'r�e roadbed
<br />
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