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<br />84- 005196
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<br />GENERAL PRIVATE EASEMENT
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<br />Millard Warehouse, Grand Island, ageneral.partnership,
<br />herein called Grant.:>r, in consideration of. One Dollar ($Loat,
<br />receipt of which is hereby acknowledged, herebr<JX'ant6anci
<br />conveys unto the Grand Island Industrial Foul'ld'ation, a,
<br />corporation, herein called the Grantee, aperm8pen't:and
<br />perpetual easement and right.-of-way to.locate,cons~,rl;lgot:'."
<br />operate, maintain, extend, repair, use, replace,anl:lrlatncwl!!i;
<br />a railroad lead track, sanitary'sewe:r;- line, sto:t'1llsewer,<;:y
<br />line, surface storm drainage, gas. transmission lins, tel~Ph~ec:
<br />transmission line, water line, or faci.litiesforthetrAff.~j~'S:ii:9I'l'Y
<br />of any other utilities, including manholes, pol~s, pp1!a' ' . .
<br />supports, transmission boxes and transformers .liD,(l!a,gi~'i
<br />railroad track and switches and any otherapPurte~ops(
<br />necessarj' for the operation and maintenanceofthe():'a;iclii::oad:
<br />lead track or any utilities upon, in, and throu9ha't~llct"9f'
<br />land located in the South Half (S~) of Section.Filur:(41,
<br />Township Eleven (11) North, Range Nine (9) Westofthl!!:.~tlt
<br />P.M., in the City of Grand Island, Nebraska, moreP<ill:tic:Ular3.Y:'
<br />described upon Exhibit "X" which is attachedheretoan4'
<br />incorporated herein by this reference1 t0getherwiththe
<br />following rights, namely, unrestricted ingress and!"9r~s .'
<br />under and across such land for the purpose of Emercising the
<br />rights herein granted, to clear and keep clear.oftr~&,
<br />roots, br..:lsh, and other obstructions from the "sur;faceqf
<br />such tract. Any such railroad or utilities and appurtenances'
<br />placed upon and under such tract. <")f land shall 'remain. thee
<br />property of the Grantee and !'>''lY __;, removt'c~ or replaced at
<br />any time.
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<br />The Grantor, for itself, its Grantees, successors ai\d
<br />assigns, hereby covenants that no buildings, fences, or
<br />structures shall be erected or permitted on said traot.and
<br />that the ea&~~ent herein 9r~nt~d shall run with- th~ t~~la~to
<br />such tract of land and be bindin9 upon the Grantor, ita
<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 ona~half: feet
<br />(16~') wide adjacent on the west to the real estate described
<br />upon Exhibit "X" hereto for the purpose of ingress and
<br />egress as may be reasonably neoessary to the maintenance of
<br />the railroad lead track.
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<br />It is expressly understood and agreed as follows:
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<br />1. The general easement hereby granted is private
<br />to Grantee1 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.
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<br />2. Once any portion of the easement rights
<br />hereby granted 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 prior use and leave that prior use in at least as
<br />good of functioning order as it was prior to the commencement
<br />of the subsequent use.
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<br />to construct
<br />Grantor will
<br />connect that
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<br />If Grantor, its successors or assigns 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. As part of the consideration for the easements
<br />hereby granted to it, Grantee, for itself, its successors
<br />and assignsl does hereby promise, covenant and agree that if
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