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- - <br /> � � <br /> �_,�� ��� <br /> I�IISC�LI�ANEOUS RECORD V <br /> 2,9O5B—THBAUGUSTINEC0.6RIINDt9L11HD,NeBR. � � . � � <br /> RIGHT OF WAY LEA�E DUPL ORIG RR COPY <br /> Aud�.t No. Div. No. Land Dep�. No. M_ ��3�2 <br /> RIGHT OF WAY' LEASE � <br /> UNION PACIFIC RAILROAD COMPANY hereby leases to CLAUDE E. REUTING and PEARL M. <br /> � REUTING (H&W) (an abutting land owner) of 71'� W. Division, Grand Ialand, Hall County, <br /> Nebraska, f or a period of twen'�y years from February 13, 19�0 (unless sooner termi'nated in <br /> aceordance with the terms hereof) , a portion• of its �0� foot right of way in Hall County, <br /> Nebraska, to be us�d for agricultural purpos�s only, deseribed as follows: _ <br /> A11 that part o�' the Southwest Quarter (SW�) of �eet3,on Twenty-four (2�) , Township <br /> E1�ven (ll) North, Range T�n (10) West of �Ghe Sixth P"rincipal Meridian, which is included <br /> be�ween lines draVm parallel with and dis�ant respectivel� six'Gy-f our (6�) feet and twa <br /> ; hundred (200} fee�, when measur�d a� rlght angles on t�he northerly side from the cen�er <br /> line og the Original Main Track (now the most 5outherly or �agtbound main �rack) of the <br /> railroad of the Lessor, as sa�.d track is constructed, maintained and operated over and. <br />�' across said Sec��,on Tw�nty-four (2�) ; <br /> F , <br /> Ex�epting any portion thereof lying west of a''line drawn parallel with and fi'our <br /> hundred f ifty-eight (��8) fee� dis�ant eas�G�rly, when measured a� a right angl� from the <br /> west 13.nE of' said Section Twenty-four (2�); . <br /> Also excepting any port3.on thereof situated :between lines drawn parallel wi�h and <br /> distant respectively eleven hundred (1100) feet and fourteen hundred seventy-five (1�7� ) <br /> feet, when measured at right angles on the westerly side from the �as� line of said South- <br /> west Quarter (SW�) of Section Twenty-f'our (2�). . <br /> Th� leasohold est�,te hereby granted sha11 rur� wi�h �he �3tle to the abut�ing land, <br /> sltuated 3n Ha11 County, Nebras�a, and described as followa; , <br /> All that part of the Southwe s'� Quart�r (SW�) of Sect�.on Twenty-four (2�) , Town�hip <br /> Eleven (ll) North, Range Ten (l0) Wes� of the 5�.x�h Principal Meridian wh3ch lies immediatel�r <br /> north of the right of way of the Lessor leased to the Lesse� hereund�r. <br /> Should th� title of this I.easeho3.d at an �3me durin its life become severed from <br /> Y <br /> g <br /> the title to the abuttin� 1and, then this lease sha11 become ipso facto null and void. <br /> Any �a1e or conveyance of such abuttin�; land shall carry wlth it said leasehold estat� and <br /> the purchaser or grante� sha,ll become bound by th� terma hereof ae fully as the original <br /> Lessee. The Legsee is also to notify the Lessor of any transfer of the �itle of the <br /> abutting property owned by the Lessee. <br /> As a consideration for this lease the Lessee 3.s �o pay in advance �o �he Lessor One <br /> Dollar per annum; to pay all taxes and assessmen�s levied upon the leased premises during <br /> the continuance of this lea,ge, not including taxea or .asse5sment� levied against the le�sed <br /> premiaes as a component par� of the railroad property of Leasor in the state as a. whole;. <br /> I to plow and maintain upon the ou�er boundary of Lessor� s �00 foot right of way, or as near <br /> thereto as practicable , a fireguard at lease six feet w�.de; to ��eep the leased premi.ses <br /> free from combus'�ibl� material; to plant no trees or shrubbery, and �o erect no structures <br /> th.ereon; to put nothing upon the leased premises which migh� obstruct or interfere with �he <br /> view; �o close safely and securely, 3,mmediately after usin�, any ga�e, ope�t�.ng or bars in <br /> the fences of the Lessor which the Lesg�E may hav� acqu3.red, or during the �erm .hereof may <br /> acquire, �h� right to use, and not to use any such gate, opening or bars which the Lessee <br /> may not hav� acquir�d the r3.ght to use. Les�or reserves the right to take temporary or <br /> permanent possession of a1.1 or any portion of the l�ased pr�mises whenever their use may <br /> become neeessary or expedient, in the ,judgmen'� of the Lessor, f or raiZroad purposes, <br />, including the locatian of public or private war�houses, eleva'�ors, or other industries <br /> with the design to facilita�e and promote traff�.c, or for, or in connection with, drilling <br /> for or mining of oi1, �as, coa1. or other minerals of whatsoever na'�ure upon or underlying <br /> the surfaee of the leased prem3ses by the Lessor or by others with i�s permis�ion. <br /> This lea�e is sub,ject �o a21. outstandin� superior righ��, 9.nelud�.ng those in favor of <br /> t�legraph and telephone eOrnpariiEB and for public highwa,3� purposes. Tf by reason of a line <br /> change, or otherwise, the title af the Lessor sha11 cease before th� expira�ion of the <br /> '�erm above provided, or if the leasing of the abave described premises is held to be, or <br /> should become, ineorisistent with the lat+rr of the land, �his leas� aha11 �hereupon term�nate. <br /> The Lessee sha.11 have the right to caneel thig 1.ease at any time upon 30 days� written _ <br /> notice. <br /> This lease is to becorne null and void upon the fallure of Lessee to keep any of the <br /> condition5 hereof and is not to be ass�.gned without the written cons�n� of •the Lessor.: <br /> The Lessee will surrender peaceable possession of said prem3,ses at the expiration of th�,s <br /> leaae. <br /> I� is understood that all covenants and a�reements h�rein reci�ed are made by the <br /> parties her�to for, and sha11. be binding upon, '�hemselveg and their heirs, executors, <br /> adminis�rators, suecessors and a.as�.gns. . <br /> Dated this 6th day of January, 19,�0 . <br /> Wltness: �CO�� U�120N PACIFIC RAILROAD COMPANY <br /> C. W. Wentz (SEAL) BY A. J. Sei�z <br /> Attest: <br /> Executive Vice PrESident <br /> L. J. Baehman � <br /> Assistan� Secretary. <br /> The foregoing lease is aec�pted upon the terms ther�in stated upon this 6th day of <br /> January, 1950 <br /> W3tness; � Claude E. Reu�in�� <br /> _ Jane Bishop _ Pearl M, Reutin� �, � <br /> Jane Bishop Lesgee. � , <br />, <br />�, , �, � , <br />