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� � � ' �_�� DM C� �► -�� I�IISCEI�L,.ANEOUS RECORD W � 99283-THE�U6USTINECO.GRANDISLIIND.NEBR. � - , .. --2-- WHERFAS, the parties of the second part desire to grant to the party of the first part, an easement or right-of-way on which to constrirct said transmission line. 1�10W, THrREFORF,, Il� COrSIDERATIOr of the sum of $1.00 paid by the party of the first part, receipt whereof. is hereby acknowle3ged, and of the covenants and �.greements herein.after contained, to be kept and performed the parties hereto agree as f ollows: The part ies of the second pa.rt hereby grant to the party of the first part, its successors or assigr�s, a permanent and perpetual easement or right=of-way over, across and along the north property line of the above described premises, and it is agreed that such covenants herein contained shall be hinding upon the heirs, administrators, executors, personal representatives, successors, or assigns of the parties of the second part, and the rights and privilege� herein granted and conveyed to the party of the first part shall ' run with the title to said premises. It is agreed that the party of the first part, its agents, servants and employe�s may enter upon the ' , above described premises f or the purpose of constructing thereon the transmission line for the purpose of providing electrical service for the parties of the second pa.rt, that said first party may place�..usp,on said right-of way such poles, guy wires, cross arms, insulators, transmission and power lines as saic��party deems necessary and proper in the oonstruction of said transmission line. It is further agreed that the party of the first part, its agents, servants and employees may at any time after the construction of said line, reenter upon said premises f or the gur;p�se o�' repairing, altering, renewing or extending said transmission line. It is further agreed that the parties of the second part will plant no trees under or near said , transm��sion line and it is agreed tha.t should there be any trees existing on said premises now, that branches of which may at this time or any time in. the future interfere with the operation of said transmissi�n line, that then and in that event the party of the first part may ehter upon said premises for the purpose of trimming said trees. --3-- It is further understood and ag.reed that there are lots and �racts of land lying west and north of the premises belonging to the parties of the second part which rnay in the future desire �o have electrical service, and it y�� a.greed that said lands may be served by the transmission line constructed on the land of the parties of the second part and tha:t the party. of the first part, its agents, servants or employees may enter upon the premises belonging to the parties of the second part for the purpose of constructing, extending repairing or renewing said transmission Iine, The party of the first part agrees to hold the parties of the second part harmless and .will pay f or all damages occasioned by the faulty or negligent construction or maintenance and operation of said transmission line, and it is provided that sao. d first party shall not be held liable for any damages or injury occasioned. by the wilful or negligent a,cts of third parties, or bp the parties of the second part, or for any injuries or damages caused by wind, tornado, lighting , storm or any act of God, or f or any act beyond the control of said first party. It is further agreed that the first party obligates itself and that it and its agents, servants and emp�.oyees will at all times on entering and leaving said premises, see that the gates are properl:y closed in order to prevent stock from escaping from the premises. A failure so to do shall obligate said fir�t party to pay all damages occasioned thereby. " I1V WITNESS j�HFRFOF, the parties have hereunto set their hands and seals this 29th day of October A. D., 1951. � CITY OF GRAA'D ISL'AATD� (CITY) (SFAL) BY 0. W. ,)ohnson President of the Council ATTF.ST F. S. White City Clerk � � � Helen Polzel _Witness G. E. Gabby Helen Polzel �ditness Helen �lnn Gabby STATF OF 1�'T�BRASICA ) ' ) ss. On this 29th day of October, A. D., 1951, before me Pau.l C. Holmberg, a HALL COt1NTY ) R'otary Public, duly coimtiissioned for and residing in said county, personally came G. E, Gabby and Helen Ann Gabby, husband and wife, and 0. W. Johnson, � , President of the City Council of the City of Grand Island, Nebraska, to me personally known to be such identical persons and the duly elected, qualified and acting official of the City of Grand Island, Nebraska, ; and they severally ackn.owled;ed the execution of the foregoing instrument to be their voluntary act and deed and the official act and deed on the part of the �'ity of Grand Island, Nebraska, f or the purpose therein expressed. Witness my hand and Notarial Seal at Grand Island, the day and year last above written, My commission expires the 22 day of May, 195'�. (SEAL} . Paul C. Holmber� � Notary Public Filed for record this 31 day of October 1951, at 10:00 ofclock �. M. ��_/ ��'h� C.� Register of Deeds o-o-o-o-o-ao-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-a--o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o � AFFIDAVIT , Lot 5 Bl. 45 Russel Wheelers STATE OF ArBRASK� ) ) SS. To Whom :this May Concern: CGUNTY OF HALL ) Glenn H, Geddes, after being first duly sworn, on oath deposes and says tha� he is the proprietor of the Geddes Funeral Home of Grand Island, Nebraska; TI-�'�T, Eva.rt �.J. Tohnson, a resident of 523 tiTest 12th street, Grand Island, Nebraska, did die on the date, March 10, 1939. ; That, a.ffiant did prepare� his body for burial;