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� �� '��R� 4� I�II��ELL�'�.N�UUS RECORD V � 29088—TNEIIU6Ul71NEC0.6RIINOISLAND.NEBR. � _ � . n AFFIDAVIT In re: Titl� to Part of Southeast Quarter of the 3outhwest Quarter of the Northeast Quarter (SE�SW�NE�) of Section Ten (14) in To�+rnship Eleven (11) , North, Ra.nge Nine (9) , Weat of the 6th P.M. STATE OF NEBRASKA) Raymond E. Apfel, being first duly sworn upon oath deposes and 3S says that he is over the age of twenty-one years; that he is an HALL COUNTY ) undertaker, doing businesa in the Town vf �lood River, Nebraska; tha,t he knows of his own personal knowledge that Martin L. Wise- man, who is the husband o� Bessie E. t�liseman, de�arted this life on the lst day of July, 19�7. and that he oPficiated at the funeral and that he was buried in the WQOd River Cemetery of wood River, Nebraska, on the 3rd day oP July, 19�+7. Further aPfiant saith not. Raymond E. Apfel Subseribed and s�rorn to before me this lF�th day oP July, 1947. Kit Ba,ker (BEAL) Notary Public. My Commiss ion.;expires May 20tn, 194� �< Fil�d Por record the 22 day of July, 194�� at 9:20 0 ' elock A.M. ��=�=� � eg ster o��ee�. . o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-€�-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o AGREII�ENT DUPLICATE ORI(�INAL 3�� - inch Water Pipe Line RR Copy Crossing MP 2�+0. 5�, Grand Island Subdivision, Cont. Dept. No. 32329 , Doniphan, Nebraska. � THIS AGREEMENT, made and entered into this 7th day of July, 19�+7, b�;° and between THE ST. JOSEPH AND GRAAID ISLAND RAIL�aAY CO2�PANY, a corporation of the States of Kansas and Nebraska, and its Lessee, UNION PACIFSC RAILROAD COMPANY a corporation of the state of Utah (hereinaPter collectively called "Ra,ilroad Company"�, and ELMORE WATSON of Doniphan, Hall County, Nebraska (hereinaf ter called "Licensee" ) , WITNESSETH: RECITAL�t The Licensee desires to construct, ma,intain and operate a 3/4 - inch �vater pipe line (hereinafter referred to as "Pipe Line" ) aeross the right of way and uncler the track oP the Railroad Combany at a point 2020. 1 feet distant (when measured along the center line of the main track of the Railroad Company's Grand Island Subdivision) northerly of the south line of Section 5, Township 9 North, Range 9 West oP the 6th P.M. , at Doniphan, Hgll County, Ne�raska, in the location shown by dashed yellow llne on the print hereto attached dated June �, 1g47, and marked °Exhibit "A" AGREEMENT: NO��T THEREFORE, it is mutually agreed by and between the parties hereto as follows : Section 1. AAILROAD COMPANX GRANTS RIGHT. In consideration of the sum of Fiv� Dollars ( �5.00) to be paid by the Licensee to the Ra.ilroad Company unon the execution and delivery o�' this agreement and in further con- sideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Railroad Company hereby grants to the Licensee, sub,ject to the terms and conditions herein stated, the right to conatruct and thereaPter, during the term hereof, to maintain and operate the Pipe L3.ne across said ri�ht of way and under said track in the location shown by dashed yellow line on Exhibit A. 1. The Poregoin� grant is sub�ect and subordinate to the prior and continuing right and obllgation of the Railroad Company to use and maintain its entire railroad right of way in the performanee of its public du�y ae a common carrier, and is also sub�ect to the right and power oP the Railroad Company to construet, maintain, repair, renew, use, operate� change, ' modify or relocate railroad tracks, telegraph, telephone, sigpal or other pole and wi�e lines, pipe lines and other facilities upon, �.long or across any or all parts oP said right of way, all or any oP which may be freely done at any time or times by the A.ailroad Company without liability to the Licensee or to any other narty for compensation or damages. The foregoing grant is also sub,�ect to alI outstanding superior rights (includln� those in Pavor of �elegraph and telephone companies, lessees of said right of way, and others) and the right of the Railroad Company to renew and extend the same. Section 2. CONSTRUCTION AND MAINTENANCE. The Pipe Llne shall be constructed, maintained, repaired, renewed, modified and/or "' � reconstructed by and at the expense of the Licensee and all work on eaid right of way ln '�� : connection therewith shall be done under the supervision and to the s�,tisfaction of the Ra.ilroad Company. All exvenses incurred by the Railroad Company in connection with eaid work for supervision or inspection, or otherwise shall be borne by the i,icensee. The portion or portiona of the Pipe Line located, or to be loca.ted, underneath said track or tracks shall consist oP 3/�- - inch stee2 pipe, placed at a depth of not less than three (3) feet below the base of the rails oP eaid track or tracks, and prior to the commencement of any work in connection with such portion or portions of the Pipe Line � (whether of construction, maintenance, repair, renewal, modification, relocation, recons.,� truction or removal) , the Licensee shall submit to the Ra3lroad Companq plans se'�ti��g,.�ut the method and manner oP handling the work and shal]. not proceed with the work unt31 ,,�,u�cY�C plans shall have been approved by ths Chief Engineer of the Ra,ilroad Company and then bnly under the supervision of said Chief Engineer or his representative. The Ra,ilroad Company shall ha.ve the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time such work is being done, and, in the event �he Railroad Company provide� such support, the Licensee shall pay to the Railroad Company, within fifteen days after bills shall have been rendered therefor, all expense incurred by the � Ra.ilroad Company in connection therew3th, wh3ch sa3d expense shall include all assignable costs plus ten per cent (10�) to cover elements of expenae not capable oP exaet ascer'Gainment.