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<br /> � IvIISCEL�LANEOUS I�.ECORD V
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<br /> 28068-TN�AUOU{TINEC0.8RANDIiL11ND,N[BR. � - �� �
<br /> Nebraska, do hereby convenan� and agree with the City of Grand Island, Hall County,
<br /> Nebraska, as foll.ows: . .
<br /> l. The namea of the parties of the first part and the lots, traets and parcels of
<br /> land owned by each of said parties are as Pollows:
<br /> NAME LOT BLOCK
<br /> P. A. & Caroline Pedersen 7 -
<br /> Donald 0. & Josephine Kensinger � 7
<br /> Charles 0. & Violet Pear1 SeuYert
<br /> Charles 0. & Violet Pearl Seufert � 7
<br /> C€rand Ialand Land Co. 13 7 -2-
<br /> Frank E. & Lorene R. Lewton 14 7
<br /> Grand Island Land Co.
<br /> 1
<br /> Grand Island Land Co. 16 7
<br /> 2. For and in consideration oP the sum of One ( �I.�JO) Dollar, this day in hand paid
<br /> by said party oP the second part to each of the parties of the first part, the receipt
<br /> whereoP is hereby confessed and acknowledged, and of the covenants on the part of said
<br /> party of the seeond part hereinafter contained, said partiea of the first part hereby gran�
<br /> to said party of the seeond part the rights� and libertiea following, namely,--
<br /> �a) For the purpose of carry3.ng away, disposal of, and eonveying sanitary sewage,
<br /> the parties oP the Pirst part hereby grant and convey unto the party of the seeond part the
<br /> rl�ht to en�er upon the within described lands and to do a11 things necessary in the laying
<br /> and constructing oF a sanitary sewer on the North twelve (12) Peet of Lots Thirteen, Four-
<br /> teen, FiPteen, & Sixteen (13, 14, 15 & 16) and th e south twelve �12) f eet of Lota Five, Six,
<br /> Seven & Eight t5, 6, 7, & �) . Tha� said sewer main or l�.ne may be of such size and capacity
<br /> and be laid at a depth which the party of the second par� rnay deem necessary for the success-
<br /> ful operation of said sewer. The party of the second part b� these preeenta is hereby
<br /> authorized to make all excava'�ions necessax�y in the construction vf said sewer and to lay
<br /> and in�tall said sewer main with all necessary accessories and conneetions therefore and
<br /> to backfill said excav�,tions �and restore the surYace thereof as soon as possible
<br /> (p) The parties of the Pirst part further grant unto the party of the a�eond pait the
<br /> right to construct all neeessary manholes and other accessoriea necessary in the construetion,
<br /> maintenance and operation of said sewer which the party oi' the second paxt may deem proper
<br /> and necessary.
<br /> ( c) The parties of the first part hereby agree that should any of hia ar their barns, -3-
<br /> garages, coal houses, or any other out building be so situated so as to be on a line where
<br /> 5aid sewer is to be constrticted tha� such ba,rn, �arage, coal house or other out bullding
<br /> sha11 be moved so as not to be in the road of or interPere with the conatruction, main-
<br /> tenance, operation or repair of said sewer, and the cost of moving oY any of said out build-
<br /> ings shall be born and paid for by the p�.rty of the first part owning the same; and no
<br /> claim shall be made against th� party of the second part for any dfunage or damages caused
<br /> to said buildings in the moving thereof.
<br /> (d) The second party ahall have the right, from time to time, to enter upon said
<br /> premises and to open up said sewer line or main, or any part thereof, for the purpose of
<br /> inspecting, repairing, or renewing the s�,me as occasion may require, doing no unnecessary
<br /> dama�e to said premises and restoring the surPace thereof whenever opened up, as soon as
<br /> may be possible.
<br /> The parties of the first part hereby grant unto the par�y of the second part the
<br /> rights and privile�es herein set forth forever.
<br /> (3) It is mu'�ually understood and agr�ed by and between th� parties hereto 'Chat
<br /> there axe various lote, tracts and parcels of land in Block Seven (7) Bogg' s and Hill' s
<br /> Addition to the City oP Grand Island, Hall County, Nebraska, which are not described and
<br /> set forth herein. That said lots, tracts, and parcels o� land are to be served and con-
<br /> nected with �aid sewer line or main. That aewers serving said lands in said Block which
<br /> are not described herein may be connected wi�h the sewer main to be installed upon the
<br /> lands of the parties of the first part. That a11 necessary excavations thereYore, are
<br /> hereby authorized and granted without limitation as to time or plaae and any and all
<br /> aceasories necessary in making such connections are hereby authorized.
<br /> (�-, said paxty of the second pa,rt covenants with said paxties of the first part as
<br /> PolloTas: n�,mely, -.-that
<br /> (a) Said party of the second part will do a11 the work and things hereby authorized -4_
<br /> tfl be done by it upon or aPfecting said premises, in a good and workmanlike manner, and so
<br /> ae to cause no unnecessary damage or disturbance to said premises.
<br /> (b) �aid party of the 8econd part will be responsible for and pay to said parties oP
<br /> the first �art any d�.mages oeeasioned to them by said party of the .second part or its
<br /> a�ents in so laying, repairin�, renewing, or removing said line oP pipe, or any part there-
<br /> of.
<br /> ( c) 5aid party of the second part will keep said parties ot' the first part indemni_
<br /> fied against all actions, claims and demands �hat may be lawfully brought or made against
<br /> them by reason of �,nything done by said party of the second part in exercise or purported
<br /> exercise of the rights and privileges hereby granted.
<br /> 5. �aid parties of �he Pirst part covenante with said paxty ot the second part that
<br /> said p�,rt,y of the second part performin� and observing the covenants and conditions on ita
<br /> part to be performed and obaerved may peaceable hold and en�oy the rights and liberties
<br /> hereby granted without any �nterruption on the part oP the said parties of the Pirst part.
<br /> 6. The mention in this agreement oP either of the said parties hereto by name or
<br /> otherwise, sha11 be deemed to include their successors and assigne, unleas otherwise in-
<br /> consistent with the terms and provi8lons hereoP, and the rights and benePits herewith
<br /> - conveyed to the second party shall run �rith the title to the premises herein described.
<br /> IN �JITNESS WHEREOF the parties heret�a have hereunto set their hands and aeals this the '
<br />- 1st day oP August, 19��. �
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