|
� � �
<br /> I�IISCELLANEOUS RECORD W
<br /> r
<br /> 98283-THEAIIGIISTINECO.GRANOISL�NU.NEBR. �
<br /> AFF IDAV IT ��
<br /> STATE OF NEBRASKA )
<br /> ) ss: Carolyn Connor Stephens, being duly sworn deposes and says that she is the owner
<br /> COUNTY OF HALL ) of' record of the following described real estate, to-wit:
<br /> Lot Siac (6) in Biock One Hundred Seventeen (117), Railroad Addition to Town of Grand Island, Hall
<br /> County, Nebraska, and Fractional Lot Six (6) in Fractional Block One Hundred Seventeen (11?) in
<br /> Koenig F� Wiebefs Addition to the City of Grand Island, Hall County, Nebraska,
<br /> and that she is now in possession thereof.
<br /> Carolyn Connor Stephens
<br /> Subscribed in mp presence and sworn to before me this 29th day of October, 1951.
<br /> My conut►ission expires July 15, 1956. (SEAL) Gladys L. Simpson
<br /> Notary Public
<br /> Filed f or record this 29 day of October 1951, at 3:15 otclock P. M. �
<br /> �� ����
<br /> Register of Deeds
<br /> 0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0
<br /> AGREEMENT �.,
<br /> THIS AGREEM�r'T, Made and entered into this the 29th day of October, 1951, by and between the City of
<br /> Grand Island, a municipal corpar,ation, in Hall County, Nebraska, party of the first part, and George Bate and
<br /> Inez 5. Bate, husband and wife, parties of the second part, residing in Hall County, Nebraska.
<br /> WITNF.SSETH:
<br /> WHERF.,AS, the part� of the first part, owns and operates a Light Plant producing electrical energy and
<br /> has a transmission line near the property h�reinafter described, belonging to the parties of the second part,
<br /> and
<br /> WHEREAS, the partie5 of the second part are the owners of the real estate described as follows:
<br /> Location of Lots One and Two (1-2) as part of the horthwest Quarter (NW4) of Section Twenty-six (26)
<br /> in Township El�ven (11), North, Range Ten (10) West of the 6th P. M, more particular�y described as
<br /> follows, to-wit: Beginning at a point where the Fast line of the Northwest Quarter (NW'-�) of said
<br /> ' Section Ttd�nty-si.x (26) Township Eleven (11), North Range Ten (10) West of the 6th P,M, and the North
<br /> right-of way line of the Union Pacific Railroad Company, cross, which point is 9$7.1 feet North of
<br /> the Southeast corner of the Northwest Quarter (r�4) of said Section Twenty-si.x (26), running thence
<br /> North along the F.ast line of the rTOrthwest Quarter (NW4) of said Section Twenty-silc (26) 225.0 feet,
<br /> running thence Southwesterly parallel to the North right-of-way line of the Union Pacific Railroad
<br /> , Company, 450.0 feet, running thence South parallel to the L'ast line of the Northwest Quarter (NW4)
<br /> � of said Section Tw�nty-six (26) 225.0 feet, to a point on the North right-of way line of the Union
<br /> Pacific Railroad Con�pany, running thence Northeasterly along the North right-of-way line of the
<br /> Union Pacific Railroad Company 450.0 feet to the actual point of beginning.
<br /> and have requested the party ff the first part to extend and construct said transmission line over,, along and
<br /> across the north property line of said described premises, so that the premises belonging to said second
<br /> parties m�y have el�ctrical service and be served from the north or rear of said property, and
<br /> WHEREAS, the parties of the second part desire to grant to the party of the first part, an easement --2--
<br /> � or right-of way on which to construct said transmission line.
<br /> NOW, THEREFORE, IN CONS�I�RATION of the sum of $1.00 paid by the party of the first part, receipt
<br /> whereof is hereby acknowledged, a.nd of' the covenants and agreements hereinafter contained, to be kept and
<br /> performed, the parties hereto agree as follows :
<br /> The parties of the second part hereby grant to the party of the first part, its successors or assigns,
<br /> a permanent and perpetual easement or right-of-way over, across and along the north property line of the above
<br /> described premises, and it is agreed that such covenants herein contained shall be binding upon the heirs,
<br /> administrators, executors, personal representatives, successors or assigns oF the parties of the second part,
<br /> and the rights and privileges herein granted and conveyed to the party of the first part shall run with the
<br /> title to said premises.
<br /> It is agreed that the party of the first part, its agents, s�rvants and employees may enter upon the
<br /> above described premises f or the purpose of constructing thereon the transmission line for the purpose of
<br /> : oroviding electrical service for the parties of the second part; that said first party may place upon said
<br /> right-of way such poles, guy wires, cross arms, insulators, transmission and power lines as said first party
<br /> deems necessary and proper in the construction of said transmission line.
<br />, It is further agrced that the party of the first part, its agents, servants and employees may at any
<br /> time after the construction of said� li�e, reenter upon said premises for the purpose of repairing, altering,
<br /> renewing or extending said transmission line.
<br /> It is further agreed that th� parties of the second part will plant no trees under or near said
<br /> transmission line and it is agreed that should there be any trees existing on said premises now, the
<br /> branches of which may 3t this time or any time in the future interfere with the operation of said transmission
<br /> line, that then and in that event the party of the first part may enter upon said premises for the purpose
<br /> of trimming said trees.
<br /> It is further understood. and agreed that there are lots and tracts of land lying west and north bf the --3--
<br /> premises belonging to the parties of the second part which may in the future desire to have electrical serviae,
<br /> and it is agreed that said lands may be served by the transmission line constructed on the land of the parties
<br /> of the second part and that the party of the first part, its agents, servan.ts or employees may enter upon the
<br /> premises belonging to the parties of the second part for the purpose of constructing, extending, repairing or
<br /> renewing said transmission line.
<br /> The party of the first part agrees to hold the parties of' the second part harmless and will pay for all
<br /> damages occasioned by the faulty or negligent construction or maintenance and operation of said transmission
<br /> line, and it is provided that said first party shall not be held liable for any damages or injury occas3mn�d
<br /> �
<br /> .
<br /> �
<br />_ � .: � � � —.
<br />
|