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<br /> 1VIISCELLANEOUS RECORD W
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<br /> 99289�THE�U6USTIXECO.GRANDISLAND.NEBR. - �
<br /> withi.n thirty (30) days after the expiration or �her termination of the undersignedts lease or agreement
<br /> with t he above mentioned Lessor.
<br /> Dated this lst day of Jtuie, 1951.
<br /> Witnesses; Frank R. Frisina C. S. Mitchell
<br /> Land Owner
<br /> • I join in the above consent,
<br /> Witnesses: Frank R. Frisina Cecelia B. Mitchell
<br /> Wife of Land Owner
<br /> Filed for record this 29 dap of June 1951 at 4:50 o�clock P. M. ���� (,%��n/
<br /> Register of Deeds
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<br /> AGREFMENT
<br /> '� IN TF� DISTRICT COURT OF NALL COUNTY,
<br /> NEBRASKA.
<br /> Amelia Becker, et al, Plaintiffs, )
<br /> )
<br /> vs. ) ACREEMENT
<br /> )
<br /> Christian Claussen� et al, Defendants .:�)
<br /> TNIS AGREEMENT, Ma.de and entered into this 15th day of February, 1935, by and between Amelia Becker,
<br /> Alfred Becker, Matilda Becker, Bertha Becker, Bernard Becker and Walter Becker, (parties of the first part,)
<br /> and Ida Claussen and Christian Claussen (parties of the second part), WITNESSETH:
<br /> WHEREAS, the parties of the first part are the owners of the South half (S2) of the Northwest Quarter
<br /> (NW4) and the Northeast Quarter (NE4) of the Northwest Quarter (NW4) of Section Twenty-nine (29) and Lot
<br /> n�nnbered One (1) in Section Thirty (30), in Tawnshig Eleven (11), North, of Range Nine {g), West of the
<br /> 6th P.M., in Hall County, Nebraska; and
<br /> • WHEREAS, the parties of the second part are the awners of the follawing described property:
<br /> Comnencing at �. point 1326 feet west and 25�2.7 feet South of the Northeast corner of Section 29,
<br /> Township 11, North, Range 9, West of the 6th P. M�, Hall Cocaxtty, Nebraska, running thence South
<br /> 612.5 feet along the one-sixteenth section line; thence west T255.? feet to the right-of�ap of the
<br /> St. Joseph � Crand Island Railway Compa.np; thence North 612.5 feet along the right-of�ap of said
<br /> St. Joseph & Grand Island Railway Company; thence Eas� 1259.9 feet to the place of beginning and
<br /> containing 17.7 acres more or less.
<br /> AND WHEREAS, the right-of way of the St. Joseph and Grand Island Railway Company runs between said
<br /> above described tracts of land; and
<br /> WHEREAS, the parties cf the first part claim a right-of-way across said last described property awned
<br /> by the parties of the second part, fro�n East to West, and from the road running North and South of the
<br /> land owned by the parties of the second part to the right-o�-way of the St. Joseph and Grand Island Railway
<br /> Company, and the validity of said right-a�way for road is; �aw being contested in the District Court,,�of Hall
<br /> County, Nebraska, in an action at law, wherein the parties of the first part herein are plaintiffs and the
<br /> parties of the second part are defendants; and
<br /> Wf�REAS, said parties desire to settle the matters in controversy without further li�igation;
<br /> I
<br />�
<br /> NOW TI�REFORE It is a reed between said arties as follows to�eit
<br /> . �
<br /> � g P s •
<br /> 1. That the consideration of this contract shall be the mutual agreements herein set forth.
<br /> 2. That the parties of the second part, Ida Claus�en and Christian Claug,�en, her hasband, do hereby
<br /> grant to the said parties of the first part, for a period of twenty-five (25) years from this date a right-
<br /> of-�►ay on their 1$nd next to the fence and South of the fence separating their land from land owned by Mrs�
<br /> A. J. Denman, and this contract shall operate as a lease for said 25 years for a right-of wap along next
<br /> to said fence sixteen (16) feet in width from the road running North and South on the East side of the
<br /> property. of the said parties of the second part and onto the right-of�►ay of the St. Joseph and Crand Island
<br /> Railwa�•Company, with the permission of the said parties of the second part, should they so desire, to
<br /> fence said right-of wap on the South side thereof, and with the permission on the part of the parties of the
<br /> first part, should they so desire, to erect snow-�uarQ fences a1 ang the North side of said Right�-of way to
<br /> protect said road from snaw; that no gates need to be put in and that egress and ingress shall be open at all
<br /> times to said right-of way, with free right to use the same.
<br /> 3. It is further agre�i that upon the execution of tha contract, the c2aim of the parties of the first
<br /> part for a right-of way across the land owned by the parties of the second part naw in controversy in said
<br /> I above-entitled suit shall be abrogated, and in lieu of their claim of a right-of way across said land as ----
<br /> contended for in said suit, there shall be substituted the right-of way across said land as heretoEore pro-
<br /> vided for in this contract.
<br /> 4. It is further stipulated between the parties hereto that in the event the said parties of the
<br /> second part shall plat said land awned by them and subdivide the same and provide for streets and alleys for
<br /> travel through said subdivision, and the use of the right-of wap herein provided f or is inconvenient as to
<br /> its pl.ace, that in the event th.e parties of the second part provide for streets and alleys through said plat�
<br /> they may be used by the parties of the first part for egress and ingress in lieu of the right-of way herein
<br /> provided for; that any devi.ation �n said streets and alleys causing slightly additional travel shall not
<br /> be a bar to this agreement, but in that event the streets or alle�s provided for in the plat shall afford
<br /> the parties of the first part reasonable .ingress and egress from their �roperty, and then said streets and
<br /> alless shall be used by t.he parties of the first part in lieu of the right-af way herein provfded for.
<br /> 5. It is further agree�. between the pa.rties hereto that each party in this case shall pay their awn
<br /> costs in the above-entitled acction, each party to pay one-half of the trial fee and a complete record is
<br /> hereby waived,
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