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<br /> I�IISC�I�LANEOUS R�CORD W
<br /> . 39283-71{E�UGUS7INECO.GRANDISLAND.NEBR. � � �' �
<br /> F.ASEMENT r•,
<br /> This agreement made and entered into by and between the within named freeholders awning property in
<br /> ' Block Twelve (12), in Boggs and Hill Addition. to the City of Grand Island, Hall County, Nebraska, herein-
<br /> after referred to as pa.rty,of the First Part, and the City of Grand Isla.nd, a municipal corporation, of
<br /> Hall County, Nebraska, herei�after rPferred to as party of the Second Part, WITNESSETH:
<br /> WHEREAS, a peti.tion signed by freeholders residing in said Block Twelve (12) Boggs and Hil1 Addition
<br /> to the City of C*rand Isla.nd, l�ebraska, was presented to the City Council of the City of Grand Island,
<br /> Nebraska, requesting that a sewer district be created and that a sanitary sewer be constructed over, along
<br /> and a.cross said lands, and
<br /> �dHEREAS, the City� Council of the City of CTrand Island finds that said sewer is necessary and should be
<br /> constructed and to tha.t end have created a sewer district known as Sewer District No. 241 and on the 18th
<br /> day of October, 1950, the City Council regularly passed and approved Ordinance ro. 2439 creating said sewer
<br /> district, and
<br /> ��dHEREAS, no alley or right-of-way on which to construct said sewer exists across said Block Twelve
<br /> (12) of Boggs and Hill Addition, and it is necessary that said sewer be constructed over, along and across '
<br /> privately owned property.
<br /> Now, theref ore, the within after named parties, owciing said lot, tract and parcel of land in said
<br /> sewer district, whose signatures are hereunto Glahscribed a.nd whose lands are hereinafter set f orth and
<br /> described, all being situated in Bldck 1�elve (12), Boggs and Hill Addition to the City of Grand Island,
<br /> Hall County, Nebraska, do hereby covenant and agree with the City of Grand Island, Hall County, Nebraska,
<br /> as f ollaws:
<br /> l, The names of the party of the First Part and the lot, tract and parcel of land owned by said party
<br /> is as follows:
<br /> IlAMF LOT BLOCK
<br /> Fthel May Lesh f� Chas. W. Lesh 5 12
<br /> 2. For and in consideration of the sum of One ($1.00) Dollar, this day in hand paid by said party of
<br /> the Second part to the party of the First Fart, the receipt whereof is hereby confessed and acknowledged,
<br /> and of the covenants on the part of said party of the Second Part hereinafter contained, said party of the
<br /> First Part hereby gran.ts to said party of the Second Part the rights and liberties following, namely,--
<br /> (a) For the purpose of carrying away, d isposal of, and canveying sanitary sewage, the party of the
<br /> First Part hereby grants and conveys unto the party of the Second Fart the right to enter upon the within
<br /> described land and to do all things necessary in the layin<T and constructing of a sanitary sewer main on
<br /> ; the 5outh twelve (12) feet of the lots situa.ted in the North one-half (N2) of said Block fiwelve (12) and
<br /> over, along and across the lot in said Block Twelve (12), Boggs and Hill Addition, hereinbef ore described.
<br /> That said sewer main or line may be of such size and capacity and be laid at a depth which the party of the
<br /> Second Part may deem necessary for the successful operation of said se�aer. The party of the Second Part by
<br /> these presents is hereby authorized to make all excavations necessary in the construction of said sewer and
<br /> to lay and install said sewer mair with all necessary accessories and connections therefore and to back-
<br /> fill said excavations and restore the surface thereof as soon as possible.
<br /> (b) The party of the First Part further grants unto the party nf the Second Part the right to construct
<br /> all necessary manholes and ather accessories necessary in the construction, maintenance and operation of
<br /> said sewer which the party of the Second Fart may deem proper and necessary.
<br /> (c) The party of the First Part hereby agrees that should any of his or their barns, garages, coal
<br /> houses, or any other out building be so situated so as to be on a line where said sewer is to be constructed
<br /> that such barn, garage, coal house or other out building shall be moved so as not to be in the road of or
<br /> interfere with the construction, ma.intenance, operation or repair of said sewer, and the cost of moving of
<br /> any of said out buildings shall be born and paid for by the party of the First Part awning the same; and
<br /> no claim shall be made against the party of the Second Part for any damages or damages caused to said
<br /> buildings in the moving thereof.
<br /> (d) The second party shall have the right, from time to time, to enter upon said premises and to open
<br /> up said sewer line or main, or any part thereof, for the purpose of inspecting, repairing, or renewing the
<br /> same as occasion may require, doing no unnecessary damage to said premises and restoring the surface
<br /> thereof whenever opened up, as soon as may be possible.
<br /> The Party of the First Part hereby grants unto the party of the Second Part the rights and privileges
<br /> herein set f orth forever.
<br /> (3) It is mutually understood and agreed by and between the parties hereto that there are various lots,
<br /> tracts and parcels of land in Block 'I�,ielve (12), Boggs and Hill Addition to the City of Grand Island, Hall
<br /> County, Nebraska, which are not described and set f orth herein. That said lots, tracts and parcels of land
<br /> are to be served and connected with said sewer line or main. That sewers serving said lands in said Block
<br /> which are not described herein may be connected with the se�aer main to be insta.11ed upon the land of the
<br /> party of the First Part. That all necessary excavations therefore, have hereby autho'rized and granted
<br /> without limitation as to time or plaee and any and all accessories necessary in making such connections
<br /> are hereby authorized.
<br /> 4. Said party of the Second Part covenants with said parties of the First Part as follows: namely,--
<br /> that
<br /> (a) Said party of the second part will do all the work and things hereby authorized to be done by it
<br /> upon or affecting said premises, in a good and workmanlike manner, and so as to cause no unnecessary damage
<br /> � or disturbance to sa.id premises.
<br /> 5. Said party of the First Part covenants with said party of the Seconci Part that said party of the
<br /> Second Part performing and observing the covenants and conditions on its part to be performed and observed
<br /> may peaceably hold and enjoy the rights and liberties hereby granted without any interruption on the part
<br /> of the said party of the First Part.
<br /> 6. The mention in this agreement of either of the said parties hereto by name or otherwise, shall be
<br /> deemed to include their successors and assigns, unless otherwise inconsistent with the terms and provisions
<br /> hereof, and the rights and benefits herewith conveyed to the Second Party shall run with the title to the ,
<br /> , premises herein described. , �
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