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<br /> I�IISCELI�ANEOUS RECORD V
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<br /> 29056�TN6�UGOfTINEC0.CR11ND1ELAND.NEBR. �
<br /> Beginning at a �oint on the Section Line I73.Q feet south of the Northw�st eorner of
<br /> Section 2'�, Township ll, North, Range 9, West of the 6th P.M. , Hall County, Nebragka,
<br /> thence east parallel to the north line of said Section 27, a distanee of 367.8 feet, thenc�
<br /> south para11e1 to the weat line of said Section 27, a distance of 91.0 feet, thenee east
<br /> parallel to the north line of said Seetion 27, a distance of 94.2 feet, thence south
<br /> parallel to the wes� line of said Sectlon 2'�, a distance of 396.0 feet, thence west
<br /> parallel to the north line of said Seetion 27, a distance of �62.p feet to a poin� c4n the
<br /> west line of said Sectian 27, thence north along the west line of said aection 27, a
<br /> distance of �87.0 feet to the point of beginning and comprising 4.97 acres, more or less,
<br /> a11 in Hall County, Nebraska.
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<br /> AND, WHER.EAS, the parties of the second part are now constructing upon �he land be-
<br /> longing to them a busineas establishment for the purpose of having for sale food, �rinks
<br /> and confections, called a Drive-In-Stand, and also in the future to esta�.iah on said
<br /> land, play grounds, and a residenee in which to live, and
<br /> WHEREAS, the party of the first part is desirous of protecting its city well from
<br /> conta mtnation and pollution and to that �nd ia willing to help the partiea of the second
<br /> part construct upon their land, a Sanitary Sew�r aystem, consisting of a septic tank and
<br /> a leeehing f3�ld , �ith tile connecting the same.
<br /> NOW, THEREFORE, IN CONSIDF.;RATION of the covenants and agreemen�s h�reinafter eontained
<br /> to be kept and performed the parties hereto agree as follow$:
<br /> (1) �he party of the first part agrees that it will at its expense construct upon the
<br /> land belonging to the part9.eg of the second part, a $anitary 3ewer System, consisting of
<br /> a Septic tank and a leeching field, with tile connecting the eame.
<br /> (2) The parties of the aecond part hereby agree that the party of the first part,
<br /> its authorized agents, servants and employees, and any company employed by it to construct
<br /> eaid Sanitary Sewer, may enter upon the land belonging to the parties of the second part
<br /> for the purpose of conatructing said sewer system and further agree that the said party
<br /> of �he first part and its said agents, servants and employees may hereaPter enter upon said
<br /> land for the purpose of inspecting said sewer system as the occasion may requlre.
<br /> (3) It is understood and agreed by the parties hereto thp.t t�i� party of the first
<br /> part shall have the right to construct said sewer upon eaid iand in the place or places,
<br /> and in such a mann�r which will be to the beat advantage for the party of the f irst part
<br /> and which shall be �, proper and safe inatallation for the protection of said well.
<br /> (1�) It is further understood and agreed that the parties of the eecond part eha1l
<br /> have the right ta make eonnections with �aid aewer system for the purpo�e of gerving the
<br /> � Drive-In business, the play grounds and the resldence to be establiahed and constructed
<br /> by them on said d�scribed land; said eonnections being made under the aupervlsion of
<br /> the party of the first part and all connections therewith shall f lrst be apr�roved by the
<br /> party of the first part.
<br /> I (5) It ig understood and a.greed any connections that the parties of the seeond part
<br /> make tJith the said sewer syatem or any repairs or replacements mad� by th�m, d.hall be
<br /> made in a workmen like manner; tha�t said repairs and replacements ahall be �ra.ter tight;
<br /> that all �oints sha11 be so made that no se�page therefrom will be possible and tha,t at
<br /> no time will said second parties permit any seepage from said system to escape and cause
<br /> the soiZ about said well to absorb the same and cause the water in said we11 to become
<br /> cc�ntaminated and unsafe for human consum tion.
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<br /> ( 6) it is further understood and agreed that should the parties of the second part
<br /> desire to make conneet�.ons ��rith said sewer system o'�her tnen those herein mentioned, �hat
<br /> the said parties of the second paxt shall not do so without notifying the party of th�
<br /> first part, so that such new connection may be inspected and approved by the said first
<br /> party.
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<br /> (7) It is further understood and agreed �hat all eewer Zaterals required to serve the
<br /> premises belonging to the. parties of the eecond �art, shall be laid and inatalled at the
<br />� expense of the second parties and all such laterals shall be inapeeted and approv�d by the
<br /> said party of the first pa.rt.
<br /> ($) It_ is further understood and agreed tha� should said sewer system after its construction
<br /> require maintenance, repairs or replacenenta, such maintenance, repairs and replacements
<br /> shall be made at the expense of �he said second parties and the same ahall not be made
<br /> I�� withou� the knowledge of the party of the first part and be 3.nspected and approved by the
<br /> firs� party and for that purpose the said firat party may at any time enter upon the land
<br />' belongin� to the parties of the second part.
<br />�'I (9) It is further underatood and agreed that the rights herein conveyed to the party
<br /> of the first part sh«11 be forever; that the rights herein conveyed and the reatriction$
<br />'I herein imposed shall �xtend to and be binding upon the parties to this Agreement and to
<br /> their hefrs, executors, adminiatrators, suecessors and aseigns f orever and that the said
<br />�� rights conveyed and the restrietions impos�d shall pass and run with the t3tle of the land
<br /> b�longing to the parties of the �econd part and said convenants and conditions shall be
<br /> observed by a.11 suecessors in tit7.e.
<br /> In witness whereof the arties have hereunto set their hands and affixed their seals
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<br /> , the day and year first above written. •
<br />� CITY OF GRAND ISLAND
<br />( (COR.P) HY: B. J. Cunnin�ham,
<br /> Helen Po1zE1 (SEAL) Ma.yor
<br />�i ltness -
<br />` A'�TEST: F. S. White
<br /> j� . � � i�Clerk
<br /> (Party of fihe First part)
<br /> Paul C.Ha,1�b. er�
<br /> Meredith W. Aahton �
<br />'� Witness Marie Ha,ckman Ashton
<br /> I Parties of the Second part)
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