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�� - <br /> � .�� <br /> I�IISCEI�LANE�OUS RECORD W <br /> 99289-TNEAUGUlTINECO.GRANDIlLANO.NEBR. . � � " <br /> by the �ailful or negligent acts of third parties, or by the parties of the second part, or for any injuries x� <br /> or damages caused by wind, tornado, lighting, storm or any act of God, or f or any act bepond the control of <br /> said first paxty. <br /> It is further agreed that the first party obligates itself that it and its agents, servants and <br /> employees will at all times on-entering and leaving said premises, see that the gates are properiy closed <br /> ' in order to prevent stock from escaping from the premises. A failure so to do shall obligate said first <br /> party to pay all damages occasioned thereby. <br /> IN k'ITNESS WHEREOF, th� parties haee hereunto set their hands and seals this 29th day of October, <br /> A. D., 1951. <br /> (C ITY) C ITY OF GRA ND IS LAND � <br /> (SF�L) <br /> BY• 0. tJ . .T ohns on <br /> �President of the Council <br /> _ ATTEST: F. S. White <br /> City Clerk <br /> C. W. Burdick Witness George Bate <br /> C. G�'. Burdick �Jitness Inez S. Bate <br /> --4--- STATF C�F A��:II?�ASKA ) <br /> ) ss. �n this 29th da.y of October, t�. D., 1951, bef ore me Ma�c Scovill, a Notarq <br /> HALL CQUNT�" ) Public, duly commissioned f or and residing in said county, personally came <br /> George Bates and Inez S. Bates, husband and wife, and 0. W. ,Tohnson, President <br /> of the City of Grand Island, 1�'ebraska., to me personally known to be such identical persons: and the duly <br /> elected, qualified and acting official of the;�City af Grand Island, Nebraska, and they severally acknowl�dged <br /> the execution of the foregoing instrument t o be their voluntary act and deed and the official act and deed <br /> on the part of the City of Grand Island, IvTebraska„f or the pur�ose therein expressed. <br /> WIT1�?FSS MY hand and notarial seal at Grand Island, the day and year last above written. . <br /> My commission expires the 5 day of May 1956. (SEAL) Max Scovill <br /> Notarg Public <br /> Filed f or record this 31 day of October 1951, at 10:00 o�clock A. M. � <br /> � �w ������ <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- <br /> A GRFEMF;NT <br /> THIS �1G.REEMENT, Made and entered into this the 29th day of October, 1951, by and between the City of <br /> Grand Island, a municipal corporation, in Hall County, Nebraska, party of the first part, and Leonard Schwar�z <br /> and Ruby M, Schwartz, husband and wife, parties of the second part, residing in Hall County, Nebras�a, <br /> WITNESSETH; <br /> WHERF.AS, the party of the first part owns and operat�es a Light Plant producing elect�ical energy and <br /> has a transmission line near the property hereinafter described, belonging to the parties of the second part, <br /> and <br /> WHFREAS, the parties of the second part are the owners of the real estate described as follows : <br /> �ocation of Lots Three, Four, Five and Six (3-4-5-6) as part of the Northwest Quarter (NW4) of <br /> Section Twenty-siac (26) in. Township El�ven (11), North Range Ten (10) West of the 6th P. M., more <br /> particularly described as follows, to-wit: From a point where the Northerly ri.ght-of way line of the : <br /> Union Pacific Railroad Company, intersects the Fast line of the North w�st Quarter (NW4) of said <br /> Section Twenty-six (26), or 9$7.1 fe�t North from the center center point of Section Twenty-six (26) <br /> on the Fast line of the Northwest Quarter (NI��) of said section, running thence Southwesterly <br /> along and upon the I�'ortherly right-of-way line of the Union Pacific Railroad Company, for a distance <br /> of 450.0 feet, the actual �oint of beginni�g, running thence ATorth, parallel to the East line of <br /> said A'orthwest Quarter (NW4-) for a distance of 225.0 feet, running thence in a southResterly <br /> direction arallel to the Northerl ri ht-of-wa line of the ttnion Pacific Railroad Com an f r <br /> , P Y 8 Y P Y, o <br /> a dista.nce of 900.C1� feet, running thence South, parallel to the �ast line of said Northwester <br /> Quarter (1�'�d�) for a distance of 225.0 feet, to a point on the Northerly right-of-way line of the <br /> Union Pacific Railroad Company, running thence in a Northeasterly direction, along and upon �he <br />� Northerly right-of-way line of the Union Pacific Railroad Company, f or a distanc e of 900.0 feet to the <br />,� place of beginning. <br /> i <br /> and have requested the party of the first part to extend a.nd construct said transmission line over, along <br /> and across the north property line of sa�d described premises, so that the premises belonging to �aid <br /> second parties may have electi�ical service and be served from the north or rear of said property, and <br /> --2-- WHERF.AS, the parties of the second part desire to grant to the party of the first part, an easement or <br /> i, right-of-way on which to construct said transmission line, <br /> NOkT, THERFFORF, IN COI�SIDERATION of the sum of $1.00 paid by the party of the first part, receipt whereof <br /> is hereby acknowledged, and of the covenants and agreements hereinafter contained, to be t�ept and performed, <br /> 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 �t is agreed that such covenants herein contained shall be binding upon the heirs, <br /> administrators, executors, pessonal representatives, successors, or assigns of the parties of the second par�,' <br /> and the rights and privileges herein granted and conveyed tb the partp of the first part shall run with the �, <br /> title to sa�.d premises. <br /> It is agreed that the party of the first part, its agents, servants and empl_oyees may enter upon the <br /> above described premises f or the purpose of constructing thereon the transmission=<line for the purpose of <br /> providing electFical service f or the parties of the second part; that said first party may place upon said <br /> right-o�-way such poles, guy wixes, cross arms, insulators, transmission and power lines as said first party <br /> deems necessary and proper`.;in the construction of said transmission line. <br />