|
�VA7
<br /> 1vIISCE�LI�ANEOUS I�.ECORD V
<br /> � 29058-TX[AUBOf71NEC0.6R11NDI8L�XD.NQBR. - . . �
<br /> CONTRACT ATJD AGREEI�IEI�?T
<br /> This Agreement maae and entered into ��f:a,s 16�h day af April, 19�6, by �.nd between
<br /> J. J. �iannon of Gr�tind Isl.and, Nebraska, of tY�� first part and '�Tilliam P. Callahan and Lena ,�
<br /> C. Callahan, his wife, of Shelton, Nebraska, of the second part.
<br /> tr�ITNESSETH:
<br /> „HEREAS said first y�arty is the oti•rner of the North One-half of the SouthUrest Quarter
<br /> (N�St�T�) of Section Thirty-'�Z�TO �3Z� , Toj�rnship Ten (10) , Range Twelve (12) West of the 6th
<br /> P.M. ; and
<br /> ��;iI-iEREAS said second p�,rties are the ovrners of tne Sou�h One-half of the SouthVre�t
<br /> Quarter (S;S?�4) of said Section TY�irty-tvro (32) , Township Ten (10) , Range TZaelve (12)
<br /> T��Test of the nth P.M. ; and
<br /> , �^�HEREAS a�x�roxima�ely seventeen (17) aeres of tr�e premises ot��ned by said first party
<br /> lies South of tlle Union Pacifie trac�� which cuts diagAnally a,cross bo�h of the afore-
<br /> de�cribed tract s of 1a.nd; and
<br /> SarF�IEREAS s€�.id first party has commenced 1.evelin� tne West One-Half (W�) of his afore-
<br /> described farm; and
<br /> WHEREAS a s�.ough commences on said second parties ground Vrhich runs in a Northeasterly
<br /> directiori up to about the center of said farm �1.ong the North edge thereof approximately
<br /> seventy-eight (78) roas from the TfTest line ; and
<br /> �F�HEREAS unle�s some arrangeMent ean be made by said second parties �rhereby they can
<br /> run the. ti�rater from said slough and from the irrigat3.on waste on the West One-half (UT-�)
<br /> of their farm across the t•�'est portion of said first party� s land into the ra,ilroad ditch,
<br /> they the.y t�;ould ha.ve to cut a drainage ditch back to sa�d draw t•rhich Z�fould cost them
<br /> considera.ble labor and money; and
<br /> �L^1HEREAS said first party is agreeable to a1�oVJ said secor.d parties to use the triang-
<br /> ular tract on the �+;est end of h3.s prem�.ses amounting to approximately one-ha.].f (z) an
<br /> acre to one (1) acre.
<br /> I� IS HEREBY MUTUALLY ACREED THE PARTTES AS FOLLO?�IS : that for and in consideration
<br /> of the covenants and agreements hereinafter made b�r said second parties, the said first
<br /> par�y h�reby �ives his consent to allot�� said second parties to use so much of the premises
<br /> on the extreme ���e5�erly portion of his land before described lying South of the Un3.on
<br /> Pacific right-of-tti7ay, not to exceed one (�) acre of ground for the purpose of running
<br /> the ti�rater i,rhich might accumulate in the slough aforedescribed, as ti,rell as the waste
<br /> irri�ation :��ater acros�s the sa�.d western extremity of his ground into the rs,ilroad ditch
<br /> trith an understanding, hotitiTever, that said second parties shall be wholly responsible to
<br /> the sa,id Union P�.cific R�ilroad Company for a.ny ensuin�; d�mages. Said second p�.rties
<br /> further gu�.rantee unto said first party that in so IIunning said t•ra�er that they t�ri11 not
<br /> build any hi�,�h ridges or in any t�rise or manner in the construction of same do anything
<br /> that z�=i11 be unsi,:�htly or cause the Z�rater �o in ��.n;� manner d�.mage �he rer�ainder of said
<br /> first party� s premises lying sou�h of said railroad track.
<br /> Said second p�,rt�es further agree tha� z�ithin a ;�ear' s time that they complete the
<br /> leveling of the remainder of their aforedescribed fwrm �.nd that they will sink an irriga-
<br /> tion pvmp and tti*e11; and th�.t a� ?�a.rt of tne consider�,tion for first rarty allotivin� tr�em
<br /> to use approximately one (1) acre of his ground as heretofore described that for a period
<br /> of ten (10) years from date hereof said second parties hereb;� agree t?�at they will allow
<br /> said firs� party or the tenant or tenant5 farming said first party' s ground to use the
<br /> irrigation ti�Nell of said second pari,ies and to use the irrigat�on ditches of second partie5
<br /> , or to made "�.dditional irrigation ditches so �.s to irrigate the remaining s�.xteen (16) acres
<br /> of first party� s premises south of said railroad track. It being agreed, however, that
<br /> �. first party, his agents �r ten�nts, ar. e not to uae the a�me tilhen it is in use by second �
<br /> z�arties, their agen'ts or tenants. Said first p�.rty is to pay second parties the sum of
<br /> - • One (�1.00) Dollar per d�,�r for eacl:: day that he is actL�ally rumping t��rater on h�.s said
<br /> sixteen (lb) acres, i�hich sum is for z�rear and tear on second parties �ump and well, and
<br /> in addition �'�ereto first y��arty is to furnish his oti�rn poti�rer and fuel with reference to
<br /> the operat�on of said pump.
<br /> First �arty on �he o�her ha.nd s.grEes th�.t after he hac� h�.rvested the crops groz�rn by
<br /> him on s�.id sixteen (�6) acres that second p�.rties snall b� entitled to the roughness
<br /> therefrom at no expense and that neither sf said c�arties shall be re�uired to erect a
<br /> division fence between their said f��.rr� �,nd that second x�art3.es sha11 be rea,uired to
<br /> maint�in that por�ion of firs� x�arty� s fence a3.ong the East s�de of said tr�,ct.
<br /> Th�,t the above �.nd foregoing Agreement sha.�.l be binding upon the heirs, executors, `�
<br /> adr�inistr�.tors or assigns of eit�her of tl�ie parties hereto for a period of ten (10) yea.rs
<br /> f'rom date hereof.
<br /> ��ritness our ha.nds and. seals this 16th day of A�ril, 39�6.
<br /> Z^�itness:-
<br /> Z�7M. P. Mullen �>. J. Hanrion_. `
<br /> FTRST PARTY
<br /> ��Ti.11 i am P. C al l a.han
<br /> • Lena C. Ca1la.han
<br /> . SEC OND PARTY
<br />� STATE OF NEBRASKA )
<br /> ) SS. On this 16�h day of 1�^ril, 19�0, before me, the undersigned
<br /> COUNTY OF HALL ) Notary Public, personally cax�e J. J. Hannon, unm�,rried, and
<br /> Wi1l.iam P. Callahan and Lena C. Callahan, his r�rife, al1 of
<br /> same being �eisonally knosrn to me, and signed and acknowledged the �bove and foregoing
<br /> Contract and A�reement to be their voluntarf act and deed for the purposes therein set
<br /> forth.
<br /> T��7itness my h�:nd. and officia.l seal the day and year first above Vrritten.
<br /> (SEAL) .^1m. P. Mullen
<br /> NOTAR.�' PUBLIC
<br /> ' My C omm. eY��ire s: P�Iatr �, 19�9.
<br /> Filed for record the 2 a�y of June 19L9, at �:SO o' clock P.M.
<br /> -��1����'I'7�F���EL�D�`
<br /> 9-0-0-0-0-0-0-0--0--0-0-0-0-0-0-o-�-a-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-�-o-o-o-o-o-o-o-a-o-o�/
<br />� ; t � _- ---_ �- -
<br />
|