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<br /> I�II�CELLAN�OUS RECORD V
<br /> 28058-THt1U60lTINECO.GRANDISMND.NCBII. h . � ' � � - �
<br /> AF�'IDAVIT
<br /> AFFIDAVIT� UNDF.�? CHAPTER 243,
<br /> SESSIO�T LA'.'JS C?F !�1EBRASKA,
<br /> � �or the year 19�+7
<br /> STATE OF NFBRASKA) �
<br /> ss: Herman F. Buckow, being first duly sworn, on o�,th deposes and says:
<br /> COUNTY QF HAI�L ) � That he knows of his own knowledge that Leo G. Allan, Elsie M.
<br /> Al1an and Mary Alma Allan, who are the record title holclers, are now on the date;,of
<br /> this a,ffid�,vit in exclusive possession of the fol.lowing de->cribed real estate, to-wit:
<br /> Al1 of Blocks �'wo (�) , Three (3) , Four (4) , Five ( 5) , Six ( 6) , Seven (7), �ight (�) , Eleven (11) ,
<br /> T�aelv� (12) , Thirteen (Z3) Fourteen (l�-) , Nineteen (1�) , Twenty (20) , Twenty-one (21) , Twent
<br /> t���o (22) Tr�enty-three (23� , �nd Lots One (1) , Two (2) , Three (3) , Four (4) , Five (5) , Six (6�,
<br /> Seven (7� , Eight (�), Nine ( 9) , Ten (10) and Eleven (11) , in Block Ten (10) ; also Lots Two (2)
<br /> Four (4) Six (5)., Eight (�) , Ten (10) and Twelve (12) , in Block FiPteen (15) ; also Lots One (1) ,
<br /> Three ( 3� and Six (6) in Block Sixteen (16) ; also Lots T�ao (2) , Four (�} , Five ( 5) , Six (6),
<br /> Seven (7) , Eight (�) , Nine ( g) , Ten (10) , Eleven �11) , Twelve (12) , Thirteen (13) , Fourteen (l�) ,
<br /> FiPteen (15) , ana Six�een (16) , in Block Ei_hteen (1�) ; �,Iso Lot Nine � 9) , in Block TT,�enty four
<br /> (24) ; also Lots Twent (20) , Twenty-one (21�, Twenty-two (22) , Twenty_three (23) , Twenty-four
<br /> (24) , Twenty-five (25�, Twenty-six (26) , 'Twenty-seven (27) , Twenty-eight (2�) a,nd Twenty-nine
<br /> (29) , r:ot platted �:n any Block, all being in "i3niversity Place" , an Addition to the City of
<br /> Grand Island, Nebraska.
<br /> APfiant further deposes and says that said T�i�,ry Alma Allan obtained her title by virtue oP
<br /> a last tiaill and testament of one Rex John Allan, othPriaise known as Rex J. Allan, who died on
<br /> March 3, 19�+6, which will has been admitted to prob�.te in the County Court of Hall County,
<br /> Nebraska, and which prabate has never been set aside or a,ppealed fr�m; that the said Rex John
<br /> All�.n, �rho is the s�r�e persan as Rex J. Allan, obtained title, to,ether with Leo G. Allan and
<br /> Elsie tS. Allan, as an heir at law of Jo�an Allan, deceased, who died on May 12, 1926, and whose
<br /> estate has been administered upon in the Probate Court oP Hall County, Nebraska, in the mann�r
<br /> and form �rovided by law, and the heirship determined, as aforesaid, so tha.t the said Leo G.
<br /> Allan, Elsie M. Al1an and Mar� Alma Allan have a clear, connected title, derived from the said
<br /> John Allan.
<br /> Affiant further deposes and s�.ys that the said John Al1an obtained title to said premises,
<br /> and each and evPry lot and block hereinbefore set forth, and entered into possession thereof on
<br /> and �rior to �he 15th day of April, 1922, and tha.t t'�e said John Allan and his successors in
<br /> interest, as hereinbefore set forth, have an unbroken chain of title to said real estate, and
<br /> eaeh an�d every pa,rt thereoP, sinee said date, for a period of more than twenty-two years, and have
<br /> been in open, notorious, exeZusive and hostile possession of said premises, claiming to be
<br /> the owners therpof, in fee simple, since said date.
<br /> Dated this 29 da,y of April, 194�.
<br /> Herman F. Buckow
<br /> Subscribed in my pres�nce and sworn to before me this 29th day' of April, 194�.
<br /> � John F. McCarthy
<br /> (SEAL) o ary u c.
<br /> TTy ecrmmission expires July 27, 1949.
<br /> Filed for recora the 2g day oY April, 19�+� at 1 :30 0 ' clock P.��. ���.u-d �
<br /> '� egister of eec�.�'.
<br /> o�o-o-o-o-o-o-o-o-o_o-o-o-o-o-o-o-oo-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
<br /> AGREEMENT
<br /> This Agreement made and entered into �his the 30- day of April, 1948, by and bet�reen
<br /> the City of Grand Island, a municipal corporation, in Hall County, Nebras�a, party of the
<br /> first par�G and Meredith W. Ashton a,nd Marie Ha,ckman Ashton, his wife, of the City of Grand
<br /> Island, Nebraska, parties of the second part, WITNESSETH:
<br /> WH�REAS, the party of the first part is the owner of a tract or parcel o-� land situated
<br /> in the Northwest Quarter (NW�) of the Northwest QuArter (NLJ4) of Section Twenty-seven (27)
<br /> � Tow nship Eleven (ll) , North,Range Nine (9) ,Weat of the 3ix�h P.M. , in Hall County, Nebraska,
<br /> which said tract of land is more particularl deseribed as Pollows to-wit:
<br /> Y ,
<br /> "�e inning at the Northwest eorner of the Northwest Quarter (NW�) of Bection Twenty-
<br /> seven �27) , in Townahip Eleven (11) , North,Range Nine (9� ,West of the Sixth P.M. , running
<br /> thence East on the North Line of said Section for a diatance of One Hundred Thirty-three
<br /> (133) feet; thence turning a right angle and runnin� South parallel with the West Line of sald
<br /> Section for a distance of One Hundred Thirty-three 133) feet; thence turning a right angle
<br /> and running West ara11e1 with the North Line of said Section for a distanc� of One Hundred
<br /> Thirty-three (133� feet; thenee tur ning a right angle and running north on the West Line of
<br /> said Sectio n for a diatance of One Hundred Thirty-three (133) feet to the place of beginning,
<br /> sub�ect ta the Gounty Roada now existing. "
<br /> AND, 1�THEREA�, the party of the first part has constructed and now operates and maintains
<br /> upon said land, one of its wells, which said well produ�es water for, and is conneated with
<br /> the ��rater system of said City of Grand Island, and
<br /> WHEREAS, the rules and regulations of the Department of Health of the State of Nebraska
<br /> provides as follows: (Section XIV Disposal of Human Exer�ta and Wastea) �
<br /> ' 1. No privy, privy na.�tlt, toilet or private disposal plant p�rmitting sewage disposal
<br /> by abaorption into the so3.]. shall be conatructed in any area aub,�ect to Plooding, or within
<br /> twenty-f ive feet of any residenee or bue3ness building, or within fifty feet of any private
<br /> well, or within five hundred feet of any munlcipal well, or within five feet of the limits
<br /> of the premisea upon which installed, except that privies may be installed on the line ad-
<br /> �oining an a11ey.
<br /> 2. No privy or other 8ewag¢ diaposal system ahall be constructed in a manner permitting
<br /> discharge of s�wage material at a greater soil depth than five feet.
<br /> ANI�, WHEREAS, the parties of the second part are the ownere of a pareel or tract of
<br /> land situated in the Northwester Quarter (NW4) of the Northwester Quarter (NW�) of Seetion
<br /> �wenty-seven (27) , Township Eleven (11) , North,Range N�.ne (9) , West of the 9ixth P.M:, in
<br /> Hall County, Nebraska, which aaid tract of land lles south of the land belonging to the party
<br /> of the first part and which said tract of land is described as f ollowa: �,
<br /> ��
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