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(Irrig:Non- Partic)
<br />5 -22 -56
<br />RIGHT OF WAY GRANT
<br />KNOW AI.,,L MEN BY THESE PRESENTS:
<br />That the Grantors, Luella K. Schaffer and Conrad Schaffer, wife and husband
<br />of the C ounty of Adams
<br />and State of Nebraska for and in consideration of the sum of One Dollar
<br />($1. 00), receipt of which consideration is hereby acknowledged, do hereby grant, convey
<br />and confirm unto Kansas- Nebraska Natural Gas Company, Inc. , a Kansas corporation, its
<br />successors and assigns (hereinafter collectively called Grantee), the right -of -way and
<br />easement to construct, install, maintain, renew, replace and operate pipelines, either
<br />above or below ground, and appurtenances thereto, for the transportation of gas, in, on,
<br />over and through the following described lands situated in the County of l ;au
<br />and State of Nebraska to -wit:
<br />The Southwest C�_iarter of Section 250 Township 9 Iforth, Range 10 West.
<br />This right -of -way is limited to one 114" pipeline which will be installed as near as
<br />possible to the South fence line.
<br />TO HAVE AND TO HOLD said right --of -way and easement unto said Kansas -
<br />Nebraska Natural Gas Company, Inc. , its successors and assigns, so long as such pipe-
<br />lines, and appurtenances thereto, shall be maintained; together with the right of ingress
<br />to and egress from said premises for the purpose of constructing, inspecting, repairing,
<br />maintaining, renewing and replacing the property of Grantee located thereon, or the re-
<br />moval thereof, in whole or in part, at will of Grantee. Grantors retain the right to use
<br />and enjoy said premises, sub?ect only to the right of Grantee to use the same for the pur-
<br />poses herein expressed,
<br />All pipelines installed or constructed on the surface of or above ground shall,
<br />except through grazing land, parallel established fences and be so installed or construct-
<br />ed as not to interfere with continued use of all existing field entrances and roadways, nor
<br />obstruct the flow of drainage in natural or constructed water courses, irrigation canals
<br />and ditches.
<br />Grantee agrees to pay any damages which may arise to crops and fences from
<br />the laying, maintaining and operating said lines. In this connection it is understood that
<br />Grantee is purchasing this grant and building said pipeline for the purpose of providing
<br />natural gas for use as fuel in engines operating irrigation pumps on lands in the vicinity
<br />of Grantor's land herein described. The owners of the land to receive said service have
<br />all made contributions in aid of construction thereof and have waived payment for any
<br />damage to their crops or fences arising out of laying, maintaining and operating said line
<br />as provided in that certain Agreement dated April 6 1957 , between
<br />Kansas- Nebraska Natural Gas Company, Inc, and Wayne Busboom
<br />et al. , and it is specifically agreed that
<br />Grantor shall have no right to receive natural gas service from any line constructed by
<br />Grantee across Grantor's premises herein described until such time as Grantee ratifies
<br />and becomes a party to said Agreement of April 6 , 157 and
<br />makes the contribution therein provided for. Since any payment to Grantor hereunder
<br />for damages to crops and fences is ultimately borne by the landowners who are parties
<br />to the said Agreement of April 6 , 1957 Grantor hereby agrees to
<br />either (a) waive the paymentof said damages when the same become due, or (b) to repay
<br />the amount of said damages to Grantee for distribution to the landowners who are parties
<br />to the Agreement of April 6 1957 , if Grantor ever elects to ratify said
<br />Agreement and become a party thereto.
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