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<br /> I�IISCELLANEOUS RECORD W T
<br /> 38289-THEAIIGUSTINECO.GRANDISLAND.NEBR. � + �
<br /> It is further agi'eed that the party of the first part, its agents� servants, and employees >may at any
<br /> time after �he construction of �aid line, reenter upon said premises f or �h� purpose of repairing, altering,
<br /> renewing, or extending said transmission line.
<br /> It is further agreed that the parties of the second part will p�ant no trees under or near said trans-
<br /> mission line and it is agreed that should there be any trees existing on said premises naw, the branches of
<br /> which map a.t this time or any time in the fu�ure interfere with the operation of said transmission line,
<br /> that then and in that event the party of the first part may enter upon said premises for the purpose of
<br /> trirmning said trees.
<br /> It is further understoad and agreed that there are lots and tracts of land lying west and north of the
<br /> premises belonging to the parties of the second part which may in the future desire to have electFical service,
<br /> and it is agreed that said lands may be served by the transmission line constructed on the land of the parts�es
<br /> of the second part and that the party of the first part, its agents, servants �r employees may enter upon the
<br /> p�emises be�onging to the parties of the second part for th� purpose of constructing, extending, repairing
<br /> or renewing said transmission line.
<br /> Th e party of the f irst part agrees to hold the parties of the second part harm�ess and will pay for
<br /> all 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 occasioned
<br /> by the wilful or negligent acts of third parties, or by the parties of the second part, or for any injuries
<br /> or damages caused by wind, tornado, lighting, storm or any act of God, or f or anp act beyond the a�ntrol of
<br /> said first party.
<br /> It is further agreed that the first party obligates itself that it and its agents, servants and employees
<br /> will at all times on entering and leaving said premises, see that the gat�s are proper�y closed in order to
<br /> prevent stock from escaping from the premises. A failure so to do sha11 obligate said first party �o pap
<br /> all damages occasioned thereby. �
<br /> TN WITNF:SS WHER�EOF, the parties have hereunto set their hands and seals this 29th day of May A. D., 195�..
<br /> CITY OF GRAND ISLAND
<br /> (C ITY) BY: 0. W. .T ohns on _
<br /> (SEAL) PRES IDENT OF THE COU�CIL
<br /> ATTEST : F, S, White
<br /> CITY CLERK
<br /> C. W. Burdick Witness Leonard Schwartz
<br /> C. W. Bu�'dick �aitness Ruby M. Schwartz
<br /> S TATF. OF A'FBRASKA ) ,
<br /> ) ss. On this 29th day of October, A. D. , 1951, before me Paul C. Holmberg, a fiotary
<br /> HALL COUNTY ) Public, dulp commissione���or and residing in sad county, personally came Leonard
<br /> Sch�vartz and Ruby M. Schwartz, husband and wife, and 0. W. Johnson, Presid�nt of the City Council � � '-' " .,
<br /> �:�� . ' of The City of Grand Island, Nebraska, to rne personally known to be such identical persons and the
<br /> duly elected, qu�lified and acting official of the City of Grand Island, Nebraska, and the� severally
<br /> acknowledged the execution of the foregoa.ng instrument to be their voluntary act and deed and the official
<br /> act and deed on the part of the City of G�and Ilsland, Nebraska, f or the purpose therein expressed.
<br /> Witness my hand and hotarial seal at Grand Island, the day and pear last above written.
<br /> (SEAL) Paul C. Holmberg
<br /> My commission expires the 22 day of May 1957. A?otarp Public
<br /> Filed for record this 31 day of October, 1951, at 10:00 otclock A. M. (,-,�/�.,,� �o��
<br /> Register of Deeds
<br /> o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-ao-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-ao-o-o-o-o-o-o-o-o-o-o-ao-o-o-o-o-o
<br /> AGRET�MErT ;�
<br /> THIS AGRFFMENT, Made and entered into th�s r,he 29th day of October, 1951, by and between the CITY OF
<br /> GR�iND ISLAAD, a municipal corporation, in Hall Cr�unty, Nebraska, party of the first part, and G. E. Gabby
<br /> a.nd Helen Ann Gabby, husband and wife, parties of the second part, residing in Hall County, Nebraska.
<br /> WITNFSSETH;
<br /> WFiEREA:S, the party of the first part owns and operatas a Light Plant prdaducing electrical energy and
<br /> has a transmission.., line near the property hereinafter described, belonging to the parties of the second part,
<br /> and
<br /> WHEREAS, THE parties of the second part are the owners of the real estate described as f ollows:
<br /> Location of Lots Seven, Eight and Nine (7-8-9) as part of the Northwest Quarter (NW4) of Section
<br /> Twenty-six (26) in Township F.leven (11), North Range Ten (10) west of the 6th P. P1. more particularly
<br /> described as follows, to-wit : From a point where the Northerly right-of-way line of the iinion Pacific
<br /> Railroad Company, intersects the East l�ne of the Northwest Quarter (R'�a4) of said Section 'Itiventy-six
<br /> (26), ,7or 9$?.1 feet North from the center center point of Section Twenty six (26), on the East line
<br /> of the Northwest Quarter (NW9) of said Section, running thence Southwesterly along and upon the
<br /> Northerly right-of way ��ine of the Union Pacific Railroad Company, for a distance of 1350.0 feet, the
<br /> actual point of beginning, running thence North, parallel to the East line of said Northwest Quarter (NW4)
<br /> for a Distance of 225.0 feet, running thence in a Southwesterly direction,parallel to the Northerly right-
<br /> of way line of the Union Pacific Railroad Company, for a distance of 535.0 feet, running thence South
<br /> parallel to the East line of said Northwest Quarter (h'W4), for a distance of 225.0 feet, to a point on
<br /> the r'ortherly right-of-way line of the Union Pacific Railroad Company, running thence in a Northeasterly
<br /> direction, along and upon the Northerly right-of'-way line of the Union Pacific Railroad Company, for
<br /> a distance of 535.0 feet to' the place of beginning,
<br /> and have requested the party of the first part to extend and construct said transmission line over, along
<br /> and across the north property line of said described premises, so that the premises belonging to said
<br /> second parties may have electrical servi�e and be served from the north or rear of said property, and
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