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<br /> I�IISCEL�I�ANEOUS RECORD V
<br /> 29068—TNHAOiOfTINECO.GRANDI3LAND,NEeR. � � � '
<br /> paid by the COMPANY, receipt vThereo� is hereby acknowledged, and the covenant� and agree-
<br /> menta hereinaf ter contained to be kept and perf ormed, the par�ies h�reto agree as f ollows:
<br /> 1. CITY agrees �o vacate said al�.ey above de��cribed �ituated in said Bloek Eleven,
<br /> Baker� s Add3.tion to theCity of Grand Tsland, Ha11 County, Nebraska, and permit the
<br /> COMPANY to erect fences at the wes'�ern and eastern extremit3.es of tne property belonging
<br /> to the COMPANY as described above.
<br /> 2. The COM�'ANY is not to erect any bui].ding protrud�ng over or across the vacated
<br /> alley way nor is the COMPANY to place any s�ructure or materials of any kind into the
<br /> ground and below �he sur�:aee a� any poin� over and above the vacated a11ey.
<br /> St is understood and agreed that in vacating that part of said alley lying ad�acent
<br /> ti to the lo�s herein described in said Block E7.even, Baker� s Addition to tlzeCi�y of Grand
<br /> Island, that said CITY RESE�tVES unto itself a- perpetual ea�emen'� or right-of-�ray for the
<br /> � , purpose of maintaining thereon san3.tary aewers, lights and power lines, either in under- 2
<br /> ground cables or overhead lines f astened to ��oles which said utilit3es now exist or
<br /> which may hereaf'�er be necessarily built or constructed; that the authorized officiala,
<br /> agents, servants and employees of said CITY shall have the right at any time to enter
<br /> upon said right-of-way for the purpose of ma,king such replacements, extensions, repairs,
<br /> and renewals of said utilities as maf be necessary in the successful opera�ion of said
<br /> u�ili�i�s.
<br /> CTTY agrees triat they will see that a11 work and things authorized to be done or
<br /> affecting said premises is done in a workmanlike mann�r, and so as to cause no unnecessa,ry
<br /> damage or dis'�urbance to said premises.
<br /> Tt is further understood and agreed that The American Telephone and Telegraph
<br /> Comtiany and the Northwestern Hell �relephone Company which said companies by permission of
<br /> the City now ma3.ntain underground cables and overhead telephone lines in said alley shall
<br /> 3ikewi�e have an easement or right of way f or the ;'purpose of maintaining said com-
<br /> munication lines thereon and tize officers, servants, agents and employ6es of said companies
<br /> shall hereafter have the said rights to reenter u�on said right-of-way f or �he purpose
<br /> of repairing, replacing or renewing said underground cables and such overhead telephone
<br /> and communication lines.
<br /> The COMPANY agrees that the rights herein conveyed to the CITY and the American
<br /> Telephone and Telegraph Company and tne Northwestern �ell Telephone Company gha1.1 be
<br /> f orever; �hat the r�.ghts so conveyed shall ext�nd '�o and be binding upon_ and be observed
<br /> by the he3.rs, the executors, administratora, personal. representatives; successors and
<br /> assigns of the C OMPANY, and that said rights so conveyed sha�l run wi�h the title to the
<br /> respective lots owned b5� the C OMPANY herein descr�.bed and that all of 5aid rights sha11
<br /> be observed by a11 grantees succeeding said COMPANY in title.
<br /> The COMPANY guarantees to pay any damage� that are done by employees or agents of
<br /> said COhiPANY to prop�rty belonging to tne CITY or the Telephone Companieg located in or
<br /> upon the vacated a11ey above described.
<br /> S� is f urther understood and a�;reed that the �ITY or the American Telephone and
<br /> T�legraph Compa,ny and the Nor�h�res�ern Bell Telephone Company shall not be held 13.able
<br /> f or damages caused to �he 1awn�, flowers, trees, shrubs, driveways or bulldings which
<br /> may be situated over and upon the vacated alley which might or ma,y be disturbed in the
<br /> rebuilding, repairing, replacing, renewing or extending any and all utiliti�s now 3
<br /> existing or ta be installed 3.n any future date.
<br /> It is understood and agreed that the �OMPANY shall pay to the CITY the cost �.ncurred
<br /> by said CITY in vaeating said alley, including �he cost of t he recording of this instrument
<br /> in the office of the Regigter of Deeds in Hall County, Nebraska.
<br /> IN WITNESS WHEREOF the �arties hereto have hereunto se� their hands and seal this
<br /> 17th day of May, 1950.
<br /> CATES RECAP AND VLTLCANIZING CO. ,
<br /> A CO-PARTNERSHIP.
<br /> By Leoda M. Cates
<br /> Partner
<br /> By Clarence �. Cates
<br /> Part ne r
<br /> By Donald W, Ca�es
<br /> Partner
<br /> � By Jean Cates
<br /> Partner
<br /> (CITY) CITY OF GRAND ISLAND
<br /> (SEAL) HALL COUNTY, NEBRASKA
<br /> By 0. W. Johnson
<br /> May or
<br /> Hy F. S, Whi�Ge
<br /> i.ty Clerk
<br /> ACKNOWLEDGEMENT
<br /> STATE OF NEBRASKA )
<br /> )SS On this 17 day of May A.D. , 1950, bef ore me, Louis A. Holmes a
<br /> HALL COUNTY ) Notary Public, duly commiss�.oned f or and residing in said county,
<br /> personally came Clarence T. Cates, Leoda M. Catea, Donald W.
<br /> Cates and Jan� Cates �o me personally known to be such identical persons and off icers of '
<br /> I
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