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EASEMENT DEED AND AGREEMENT
<br />THIS Easement Deed and Agreement ( "Deed ") is made as of the A lay of
<br />r y , 2005, between UNION PACIFIC RAILROAD COMPANY, a
<br />Delaware corpora ion ( "Grantor "), and THE STATE OF NEBRASKA, DEPARTMENT OF
<br />ROADS, ( "Grantee "), whose address is 1500 Highway 2, P. O. Box 94759, Lincoln, Nebraska
<br />68509 -4759.
<br />Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
<br />valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and
<br />acknowledged, does hereby grant unto Grantee, and unto its successors and assigns, a
<br />PERPETUAL EASEMENT in, to, over, along, upon and across that certain real property (the
<br />"Property ") in Hall County, State of Nebraska, more particularly described in Exhibit A attached
<br />hereto and hereby made a part hereof, to be used by Grantee for the construction, maintenance,
<br />operation, repair, renewal, reconstruction and use of a public highway only. Grantor and Grantee
<br />acknowledge that the Property is a portion of Grantor's federally granted railroad right of way,
<br />and that this grant is made pursuant to the provisions of 43 U.S.C. §913, which authorizes the
<br />transfer of a portion of such right of way to certain governmental entities for use as a public
<br />highway.
<br />The easement herein granted is for the use of the surface of the Property for
<br />highway purposes, only, except that Grantee may make subsurface installations necessary for
<br />highway construction. Without limitation of the foregoing, this grant does not include the right
<br />to install utilities of any nature, including, without limitation, fiber optic, cable television,
<br />electrical, gas or liquid distribution, and telephone lines.
<br />RESERVING, however, unto Grantor, its successors and assigns, the right to
<br />construct at any and all times and to maintain railroad tracks, fiber optic, telephone and other
<br />communication lines, electric wires, and pipelines, and their appurtenances, upon., over, under
<br />and across the Property, and to grant such rights to third parties, but in such a way as to not
<br />unreasonably interfere with Grantee's use of the Property for the purposes specified in this Deed;
<br />it being understood that the rights so reserved unto Grantor, its successors and assigns, are
<br />Return to: Daryl Behxends
<br />Nebraska Dept. of Roads, R.O.W. Division
<br />1500 Hwy 2, Box 94759
<br />Lincoln, NE 68509 -4759
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<br />SPACE ABOVE FOR RECORDERS USE ONLY
<br />EASEMENT DEED AND AGREEMENT
<br />THIS Easement Deed and Agreement ( "Deed ") is made as of the A lay of
<br />r y , 2005, between UNION PACIFIC RAILROAD COMPANY, a
<br />Delaware corpora ion ( "Grantor "), and THE STATE OF NEBRASKA, DEPARTMENT OF
<br />ROADS, ( "Grantee "), whose address is 1500 Highway 2, P. O. Box 94759, Lincoln, Nebraska
<br />68509 -4759.
<br />Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
<br />valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and
<br />acknowledged, does hereby grant unto Grantee, and unto its successors and assigns, a
<br />PERPETUAL EASEMENT in, to, over, along, upon and across that certain real property (the
<br />"Property ") in Hall County, State of Nebraska, more particularly described in Exhibit A attached
<br />hereto and hereby made a part hereof, to be used by Grantee for the construction, maintenance,
<br />operation, repair, renewal, reconstruction and use of a public highway only. Grantor and Grantee
<br />acknowledge that the Property is a portion of Grantor's federally granted railroad right of way,
<br />and that this grant is made pursuant to the provisions of 43 U.S.C. §913, which authorizes the
<br />transfer of a portion of such right of way to certain governmental entities for use as a public
<br />highway.
<br />The easement herein granted is for the use of the surface of the Property for
<br />highway purposes, only, except that Grantee may make subsurface installations necessary for
<br />highway construction. Without limitation of the foregoing, this grant does not include the right
<br />to install utilities of any nature, including, without limitation, fiber optic, cable television,
<br />electrical, gas or liquid distribution, and telephone lines.
<br />RESERVING, however, unto Grantor, its successors and assigns, the right to
<br />construct at any and all times and to maintain railroad tracks, fiber optic, telephone and other
<br />communication lines, electric wires, and pipelines, and their appurtenances, upon., over, under
<br />and across the Property, and to grant such rights to third parties, but in such a way as to not
<br />unreasonably interfere with Grantee's use of the Property for the purposes specified in this Deed;
<br />it being understood that the rights so reserved unto Grantor, its successors and assigns, are
<br />Return to: Daryl Behxends
<br />Nebraska Dept. of Roads, R.O.W. Division
<br />1500 Hwy 2, Box 94759
<br />Lincoln, NE 68509 -4759
<br />
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