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<br />
<br />EASEMENT AND AGREEMENT
<br />THIS AGREEMENT is made and entered into cn this ~ day of
<br />August, 1979, by and between PEAVEY DELAWARE LIMITED, hereinafter
<br />referred to as "Peavey° and A. C. NELSEN ENTERPRISES, INC., C.
<br />CLIFz^ON NELSEN and DIANPtE EDITH NELSEN, husband and wife, and C.
<br />CLI"c TON NELSEN, TRUSTEE OF THE JUDITH LYNNE NELSEN TRUST, KAREN
<br />ELLEN NELSEN TRUST and ANDREW CLIFTON NELSEN TRUST, hereinafter
<br />referred to as "Nelsen";
<br />WITNBSSETH:
<br />WHEREAS, the parties hereto are the present owners of all of
<br />the lots in Commercial Industrial Park Subdivision of part of
<br />Block One {1), Nelsen Subdivision ir. the City of Grand Island,
<br />Hall County, Nebraska;
<br />WHERE'S, Nelsen has previously entered into certain agree-
<br />ments with the City of Grand Island to build and enlarge a certain
<br />drainage cell sufficient to service all of said Commercial Industrial
<br />Park Subdivision which agreements Nelsen has complied with by the
<br />development of a certain detention cell on part of Lot Six {6) of
<br />acid ci~hr3i.'i~ian •°hic,i
<br />r ~ agreerTient$ are dated April Ili, 19 70, dnd
<br />August 27, 19'74, and which are filed of record in the Office of
<br />the Hall County Register of Deeds as Document Number 77-004132.
<br />WHEREAS, Nelsen has sold and has agreed to sell to Peavey a
<br />portion of the property of said subdivision, namely part of Lots
<br />One {1), Two (2}, Three (3), Four (4), Five (5}, Six (6}, Seven
<br />{7), Eight (8}, Ten (10}_, Eleven (11) and the vacated alley
<br />within said lots, so that in order for the remaining property
<br />within said subdivison, namely a part of Lots Eight {8}, Nina
<br />(9), Ten (10) and Eleven {11), to have water drainage access to
<br />said detention cell constructed within Lot Six (6) of said sub-
<br />division, an easement is desired in connection with a portion of
<br />the groperty Nelsen has agreed to sell to Peavey as more completely
<br />described hereinbelow;
<br />NOW, THEREFORE, in consideration thereof and of the mutual
<br />benefits to be derived by the parties hereto and any purchaser or
<br />purtrhasers, heir, Su~Ce~~ar3 and dSaignS, the part.leS ilereta
<br />Stipulate and agTAA that an r' ..nd ail lat."2, 3r a ~rti~n tlereaf
<br />within said subdivision which'shaii be saki, transferred o
<br />conveyed shall be and are subject to the terms and conditions of
<br />this agreement, all of which shall run with the land as fellows:
<br />1. Peavey hereby grants, transfers and assigns to Nelsen
<br />and to Nelson's heirs, successors and assigns forever, a permanent
<br />easement as to a tract of land comprising a part of Lot Six (6}
<br />and a part of the vacated alley lying south of and adjacent to
<br />said Lot Six (6), ail in Commercial Industrial Park Subdivision
<br />of Part of Block One (1); Nelsen Subdivision in the City of Grand
<br />Island, HaII County, Nebraska, more particularly described as
<br />follows:
<br />Beginning at a point on the west line of said Lat Six (b},
<br />said point being Thirty-five (35.0) feet north of the south-
<br />west corner of said Lot Six (6); thence sputherly along t_he
<br />west line of said Lot Six (b), and this line extended, a
<br />distance of Sixty (b0.0) feet, to the north line of Lot
<br />Eleven {11), Commercial Industrial Park Subdivision; thence
<br />east along the north line of said Lot Eleven ill}, a distance
<br />of Sixteen (16.0) feet; thence north parallel to the west
<br />Iine of said Lot Six {6), and this line extended, a distance
<br />of Sixty (60,01 feet= thence west parallel to the south line
<br />of said Lat Sic (b), a distance of Sixteen (1b.0) feet to
<br />the place of beginning, said tract containing 0.022 acres
<br />more or less.
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