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<br />I
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<br />
<br />83.:.. \)04841
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<br />THIS INDENTURE, made this 2. 2.. day of . {"-L v , 1983, betWeen A &T
<br />YARD COMPANY, a Nebraska corporation of Hall County, S ate of Nebraska, party of the first
<br />part, and the BURLINGTON NORTHERN RAILROAD COMPANY (fonnerly named Bur1ingtonNorthern
<br />Inc.), a llelaware corporation of 176 East Fifth Street, St. Paul, Minnesota 55101, party of
<br />the second part, WITNESSETH:
<br />
<br />RIGHT OF WAY EASEMENT
<br />
<br />For and in consideration of the sum of One Dollar ($1.00) to it in hand paid, the
<br />receipt whereof is hereby acknowledged, the party of the first part has GRANTED, and by
<br />these presents does GRANT, to the party of the second part, its successors and assigns, for
<br />railroad spur track right-of-way purposes, the following described real estate situated in
<br />the County of Hall and State of Nebraska, to-wit:
<br />
<br />A tract of land being a part of the SEi of Section 24, T 11 N, R 10 W of
<br />the 6th P.M., Hall County, Nebraska, described as follows, to-wit:
<br />
<br />Commencing at a point on the East line of said Section 24, distant 55.89
<br />feet South of the Northeast corner of said SEt of said Section 24, said point
<br />also being a point on the Southerly right-of-way line of the Union Pacific
<br />Railroad Company; thence Southerly along the East line of said Section 24, on
<br />an assumed bearing of S 00 DO' DO" E, a distance of 1218.44 feet to a point
<br />distant 10.50 feet Southerly of, measured at right angles to, the Burlington
<br />Northern Railroad Company's Beltiine Spur Track centerline as now located and
<br />the true point of beginning; thence N 87" 27' 13" W along a line parallel with
<br />and distant 10.50 feet Southerly of, measured at right angles to, said spur
<br />track centerline, a distance of 282.00 feet; thence N 2< 32' 47" E, a distance
<br />of 2.00 feet, to a point distant 8.50 feet Southerly of, measured at right
<br />angles to, said spur track centerline; thence N 870 27' 13" W along a line
<br />parallel with and distant 8.50 feet Southerly of, measured at right angles to.
<br />sa id spur track center 1 i ne, a d is tance of 25.00 feet; thence S 20 32' 47" W. a
<br />distance of 2.00 feet; thence N 87" 27' i3" W along a line parallel with and
<br />distant 10.50 feet Southerly of, measured at right angles to said spur track
<br />centerline a distance of 339.45 feet; thence N )0 12' 02" \oJ a distance of 21.05
<br />feet; thence S 87" 27' 13" E along a line parai1el with and distant 10.50 feet
<br />Northerly of, measured at right angles to said spur track centerline a distance
<br />of 646.89 f~et to ~ noint On ~rtid East line of said Section 24~ thence South
<br />along said East li~er~fusaid $;~tio~- 24 a distance of 21.02 fe~t to the point
<br />of beginning.
<br />
<br />TO HAVE AND TO HOLD said strip of land unto the party of the second part, its
<br />successors and assigns, upon the following conditions:
<br />
<br />The party of the second part. its successors and assigns. shall have the right to
<br />enter upon the 1 ands of the party of the fi rs t part. 1 ts successors dnd ass i gns, adjoi ni ng
<br />said strip of land for the purpose of constructing, maintaining and operating said track.
<br />
<br />
<br />Should the party of the second part, its successors and assigns, cease to use said
<br />strip of land for railway purposes, and remove its rails therefrom the same shall revert to
<br />the party of the first party, its successors and assigns.
<br />
<br />This easement cancels and supersedes the certain Easement dated October 5, 1934 and
<br />recorded October 16, 1934 in Book. "Rti on Page 255 in the office of the Register of Deeds in
<br />and for said County of Hall, State of Nebraska, from James Webb of Grand Island, County of
<br />Hall, Nebraska, as predecessor in interest to A & T Yard Company, to the Chicago,
<br />Burlington &. Quincy Railrood Company, predecessor' in interest to Burlington Northeri1
<br />Railroad Company.
<br />
<br />IN WITNESS WHEREOf, the party of the first part has executed these presents the day
<br />and year first above written.
<br />
<br />.,
<br />
<br />A & T YARD COMPANY
<br />
<br />BY ~) [r4 /-~ [1-Q.
<br />Ti~:
<br />ATTEST:
<br />
<br />BY
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