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<br />84-
<br />GENERAL PRIVATE EASEMENT
<br />
<br />005196
<br />
<br />Delicious Foods Co., a Nebraska corporation, herein
<br />called Grantor, in consideration of One Dollar ($1.00),
<br />receipt of which is hereby acknowledged, her~y 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,
<br />operate, maintain, extend, repair, use, replace,
<br />a railroad lead track, sanitary sewer line, storm
<br />line, surface storm drainage, gas transmission line,
<br />transmission line, water line, or facilities fOlt' the
<br />of any other utilities, including manholes, poles,
<br />supports, transmission boxes and transformers, lines; p:i~,',
<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 the easter~y
<br />forty-three and one-half feet (43~') of the tract of land
<br />located in the South Half (S~) of Section Four (4); TownShip,
<br />Eleven (11) North, Range Nine (9) West of the othP.M~, in
<br />the City of Grand Island, Nebraska, more particularly
<br />described upon Exhibit "Y" 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 />
<br />
<br />riohts here~n aranted. to clear and keen clear of traas~
<br />rC:;~ts, b;;~h, ~doth~r obstructic'~G fr;m the surface of
<br />such tract. Any such railroad ")r,,:,:ilities and appurtenances
<br />placed upon and under such tra oi land shall remain the
<br />property of the Grantee and may be removed or replaced at
<br />any time.
<br />
<br />The Grantor, for itself, its Grantees, successors and
<br />assigns, hereby covenants that no buildings, fences, or
<br />structurgs 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.
<br />
<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 "Y" hereto for the purpose of ingress and
<br />egress as may be reasonably necessary to the maintenance of
<br />the railroad lead track.
<br />
<br />It is expressly understood and agreed as fallows:
<br />
<br />1. The general easement hereby granted is private
<br />to Grantee; however, Grantee shall have in its sole discretion
<br />the right, 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 />corporation.
<br />
<br />2. Once any portion of the easement rights
<br />hereby qranted to Grantee are exercised and track or surface
<br />drainage or utilities of any kind is in place in the easement
<br />area, any subsequent use or user must correct any disturbance
<br />of the ?rior use and leave that prior use in at least as
<br />':1ood of functioning order as it was prior to the commencement
<br />of the subsequent use.
<br />
<br />3. If Grantor, its successors or assigns desires
<br />to constl"Uct the lead track. contemplated by this casement,
<br />Grantor will pay for the railroad track and switch necessary
<br />to connect that lead track from the Burlinoton Northern
<br />Railroad to serve Grantor's property. If ~rantor does pay
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