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~- . ~'~ t 11 ~ ~ ~ ~ ~ DUPLICATE ORIGINAL Rights Agrtement, Blaine City's Counterpart and Custer Streets N.P. 148.43, Main Line, Grand Island. Nebraska C.D. No. 48216-10 THI A REE NT, made and entered into as of the ~~•day of~Z~ 19 by and between THE ST. JOSEPH AND G D ISLAND RAILWAY CDMPANY, a corporation of the States of Kansas and Nebcaska~ and its lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah {hereinafter collectively the Railroad Company), and the ^ITY OF G°3lND Ic„Attn; a municipal corporation of the State of Nebraska (hereinafter the Political Body), WITNESSETH: RECITALS: The Political Body desires the right to use for public roadway purposes that portion of the right-of- way of the Railroad Company {hereinafter the Crossing Areaj at Mile Post 148.43, shown outlined in yellow on the Exhibit A print dated September 23, 1982, hereto attached and hereby made a part hereof. The Railroad Company shall construct and thereafter maintain and operate a Road Crossing, with warning devices, at the locations shown outlined in green on Exhibit A hereto attached. AGREEMENT: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. RAILROAD COMPANY GRANTS RIGHT. In consideration of the permanent closing of the Garfield, Carey Street crossing and the payment by the Political Body of the cost incurred by the Railroad Company for labor, material and services furnished as shown on Exhibit A and more particularly described on Exhibit B hereto attached, and in further consideration of the covenants and agreements herein contained to be by the Political Body kept, observed, and performed, the Railroad Company hereby grants to the Political Body, subject to the terms and conditions herein stated, the right during the term hereof, to establish, maintain and use a public highway on said right-of-way and over the tracks of the Railroad Company in the location shown outlined in yellow on Exhibit A hereto. U ~ i L __._~