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<br />84 -005195
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<br />GENERAL PRIVATE EASEMENT
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<br />Millard Warehouse, Grand Island, a general partnership,
<br />herein called Grantor, in consideration of One Dollar ($1.00)
<br />receipt of which is hereby acknowledged, hereby grants and
<br />conveys unto the Grand Island Industrial Foundation, a
<br />corporation, herein called the Grantee, a permanent and
<br />perpetual easement and right-of-way to locate, construct,
<br />operate, maintain, extend, rep~ir, use, replace, and remove
<br />a railroad lead track, sanitary sewer line, storm sewer
<br />line, surface storm drainage, gas transmission line, telephone
<br />transmission line, water line, or facilities for the transmission
<br />of any other utilities, including manholes, poles, pole
<br />supports, transmission boxes and transformers, lines, pipe,
<br />railroad track and switches and any other appurtenances
<br />necessary for the operation and maintenance of the railroad
<br />lead track or any utilities upon, in, and through a tract of
<br />land located in the South Half (S~) of Section Four (4),
<br />Township Eleven (11) North, Range Nine (9) West of the 6th
<br />P.B., in the City of Grand Island, Nebraska, mOre partiCUlarly
<br />described upon Exhibit "X" which is attached hereto and
<br />incorporated herein by this reference, together with the
<br />following rights, namely, unrestricted ingress and egress
<br />under and across such land for the purpose of exercising the
<br />rights herein granted, to clear and keep clear of trees,
<br />roots, brush, and other obstructions from the surface of
<br />such tract. Any such railroad 0- utilities and appurtenances
<br />placed upon and under such tr?c~ 'f land ~~all remain the
<br />property of the Grantee and r" ce remov'9d or replaced at
<br />any t irne.
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<br />The Grantor, for itself, its Grantees, successors and
<br />assigns, hereby covenants that no buildings, fences, Qr
<br />structures shall be erected or permitted on said tract, and
<br />that the easement herein granted shall run with the title to
<br />such tract of land and be-binding upon the Grantor, its
<br />Grantees, successors and assigns.
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<br />Grantor also hereby grants to Grantee an easement over
<br />and upon an area of real estate sixteen and one-half feet
<br />(l6~') wide adjacent on the west to the real estate described
<br />upon Exhibit "X" hereto for t~e purpose of ingress and
<br />egress as may be ~-easonably necessary to the maintenance of
<br />the rallroad lead track.
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<br />It 1S expressly understood and agreed as follows:
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<br />1. 'rhe general easement hereby granted is private
<br />to Grantee; however, Grantee shall have in its sole discretion
<br />the nqht, but not any duty, to convey, in perpetuity, all
<br />or any portion of the easement rights hereby acquired by
<br />Grantee to the City of Grand Island or any public utility
<br />corporat i<.!n.
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<br />2. Once any portion of the easement rights
<br />hereby aranted to Grantee are exercised and track or surface
<br />drainage or utilities of any kind is in place in the easement
<br />-- - -- - -- -- - - '-- - -. - -'''''', ~
<br />(j.~ ed., allY S\.HJ~H~{,.tUt2'n"( use Or user must:. correct: any Q.lsturoance
<br />of the prior use and leave that pLior use in at least as
<br />900d of 'Eunctioning order as .i t was prior to the commencement
<br />of the subsequent use~
<br />
<br />3.
<br />to construct.
<br />Grantor \Hll
<br />connHct that
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<br />If Grant0r, its successors or assiqns desires
<br />the lead track contemplated by this easement,
<br />pay for the railroad track switch necessary to
<br />lead track to the Burlington Northern Railroad.
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<br />4. '!,s r'o.r:t (',f the consideration for the easenlt:~nts
<br />fH.:1rf:by ~n~anted to l.t, Gt".:lntCE.!, fCl Jtsel::, its succeSBor~
<br />;1nd assiqns, dO('lg hereby -promiso, covenant a.nd aqr-ee that if
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