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<br /> I�IISC�LLAN�OUS RECORD V
<br /> 29OE6�TN�IIYOOfTINECO.ORANDIlLAND�NEBR. � � - ' � -�
<br /> EASEMENT
<br /> EASEMENT-
<br /> THIS AGREEMENT, Made and entered in'�o between the Erin Rancho Motel, Inc. of Fremont,
<br /> Dodge County, Nebr�.ska, a Nebraska Corporation, hereinafter known as the COMPANY and the
<br /> City of Grand Island, Ha11 County, Nebraska, a municipal corporation, hereinafter known
<br /> aa the CITY.
<br /> �TITNESSETTi 3
<br /> :; WHEREAS, the COMPANY is the owner in fee of Lo�s One, Two, Three and �he Ea�t one--
<br /> half of Lots Four and S�ven and all of Lots Eight, Nine and Ten, all in B1ock Eleven,
<br /> Baker' s Addition �o the City of Grand i$land, Hal�. County, NebraskA; that an alley is
<br /> located in this �a�.d block extend3.ng from Clay Street on the east, to Grant Street on the
<br /> west, between 2nd �tr�e� and 3rd Street, and
<br /> �'HEREAS, thE COMPANY is erecting on said property above de5cribed, a modern Mo�Gel;
<br /> '�hat the plans of construetion and beautification of this property ean best be served
<br /> by vacatin� �aid al.ley above described, and
<br /> WHEREAS, the CITY ig owner of said alley; tha,� located in and upon said alley are
<br /> u�ili�ies belonging 'Go �he CITY, the American Telephone and Telegra�h Company and the
<br /> Northwestern Be11 Telephone Company, �uch as sewers, tel.ephone underground cables, over-
<br /> head '�elephone lines and eleetric light and powers lines, attached to poles loeated in
<br /> s�.id a11ey, and
<br /> WHEREAS, in order to carry on �he cons�ruction and erection of �he Motel as per the
<br /> arehiteets� plan, the COMPANY ha5 made f ormal appllcation of the CI�'Y to vacate sa�d a11ey
<br /> above de�eribed. .
<br /> NOW, THEREFORE, in consideration of the sum of' One (�1.00) Dollar this day in hand
<br /> paid by the GOMPANY, receipt whereof is her�by acknowledged, and the covenants and agree-
<br /> men'�s he�einafter contained to be kept and performed, the parties hereto agree as follows:
<br /> l. CTTY agrees to �racate said alley above described situated in said Bloek Eleven,
<br /> Ba.ker� s Addition to theCi�y of Grand I�land, Hall County, Nebraska, and permit the COMPANY
<br /> to ere�t fenees at t�ze western and eas'Gern extremitie� of the proper�y belonging to the
<br /> COMPANY as deseribed above.
<br /> 2. The COMPANY is to be permitted to erect a certain building with garage attached, 2
<br /> over, along and across said vacated alley, provided that absolu�ely no f ootings for the
<br /> �onstr�ction, or any materials at all extend 3.nto the ground and below the surBaee at any
<br /> point over and above the vacated alley; that provided further tha� the location dims�nsiona
<br /> and �construetion of said building lbe strictly as follows:
<br /> The MoteZ building aha11. run from north to south �rith �ix (6) feet ex'Gending over
<br /> the north line of the vaca�ed alley, being �welve (12) feet from the west boundary line
<br /> of property owned by the COMPANY, Ueing thirty-four (3�) feet wide and twenty (20) feet
<br /> in heigh�; that the a�G�ached garage sha11 �oin �he south end of th� Motel building and
<br /> extend southward. across the sou�h line of the vaca'�ed alley, '�he garage shall be erected
<br /> at a point twelve (l2) feet from the wes� boundary of property line, ; and sha11 be thirty- '�
<br /> f our (3�) feet in width, thirte�n feet and one and one-half inch (13�,��" ) in height; that
<br /> the flooring of the Motel and garage buildings at the point over the vacated alley sha11
<br /> be of poured conerete re�nf orced with steel beams. All cons�ruction shall be in aceordance
<br /> with the plans attachsd hereto, which are inc orpora'�ed herein and made a part of �his
<br /> Agreement.
<br /> It is expre�sly understood and agreed tha� the only building or buildings to be ,
<br /> eonstructed over, along and across the alley way which is to be vacated by the City, sha.11 '
<br /> be tn� one building se� forth in the plans referred to and that at no other place or
<br /> places shall other buildings be constructed over, along and across that par� of �he
<br /> vacated �.1.ley.
<br /> T'� is uri�.�rs�ood and agreed �ha� in vaeating �ha� part of saLd alley lying ad�acent
<br /> to thc lots herein deser�,bed in said Block Eleven, Baker� a Addition to theCity of Grand
<br /> Tsland, that said CITY reserve� unto itself a perpetual �,asemen� or right-of-way f or �he
<br /> purpose of maintaining thereon sanitary sewers, light5 and power lines, either in under-
<br /> ground ca,�les or overhead lines fastened to poles which said utilities now exis� or which
<br /> may hereafter be necessarily bu3.1� or constructed; that the a.uthorized officials, agen�ts,
<br /> servan�s and employees of said Cl2Y shall have tYie right at any time to enter upon said
<br /> right-of-way for the purpo5e of making such replacemen�s, extensions, repairs, and
<br /> renewals of said utili�ies as may be neces�ary in the successful operation of said utilities.
<br /> CITY agrees that thEy will see �hat all work and things authorized to be done or 3
<br /> affec'tin� said premises 3.s done in a workmanlike manner, and so as to cause no unneces5ary
<br /> damage or dieturbance to said premises.
<br /> It is fur�her unders'Good and agreed that The Amer3.can Telephone and Telegraph Company
<br /> and the Northwes�ern Be11 Telephone Company which said companies by permission of tYie City
<br /> now-maintain underground cabl.es and overh�ad telephone lines in said a11ey shall likewise
<br /> have an easement or right of way for the purpose of maintaining said communication lines
<br /> �hereon and the officers, servant�, agents and employees of said companies shall hereafter
<br /> have the �aid rights to re�nter upon said righ�-of-way Por �he purpose of repairing, re-
<br /> plac�.ng or rene�,ring said undergraund cables and such ov�rhead telephone and communication
<br /> lines.
<br /> The COMPANY agrees that the rights herein conveyed to the CITY and the American .
<br /> T�Zephone and Tele�raph Company and the Northwestern Be11 Telephone Company shall be forever;
<br /> that the rights sa conv�yed sha11 ex�end to and be binding upon and be observed by the , �
<br /> heirs, the exeeut'_ors, a,dminis�rators, personal represen�atives; successors and as�igns ' j
<br /> of the COMPAN�€, and th�.t said rights so conveyed sha7.l run with �he ti�1e to the respectiv� I
<br /> lots owned by the COMPANY here�.n described and that all of �aid rights shall be observed , �
<br /> by a1.1 grantees succeeding said COMPANY in title. �
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