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<br /> DEED RECORD NO. 96
<br /> 92641-'�HBAU6UfTINEC0.6R11N01ELAND,NE80.. ..
<br /> A cer�ain unrecorded agricultural •lease dated April 1, 1g48, between the United States of
<br /> Ameriea and C�arence I. Cates covering forty-eight acres of 1and, more or less, f or a term
<br /> beginning on the first day of April, 1g�8, and �nding on the thirty-firs� da3r of December
<br /> 1g�8; and
<br /> A c�rtain u�recorded agricultural lease dated Apri1 20, 19�8 between the United States of
<br /> America and Richard A. Youst covering a portion of said Grand Island Army Airfield for a
<br /> term beginning on April 20, 19�8 and ending December 20, 19�8; and
<br /> A certain u�recorded license from �he United States of America to United Airlines granting
<br /> certain landing privileges as se� out therein for an indefinite term commencing on the 31st
<br /> day of P�Iarch, 194�8.
<br /> With respect to the foregoing and wi'�h respect to the easements, licenses, leases and permits
<br /> transferred hereunder, t�rhet'r_er granted by party of the first part or others, by the acceptance of
<br /> this quitclaim deed or any rights hereunder the party of the second part �'or itself, its suecesaors
<br /> and assigns, assumes all the righ�s, dutieg and obli�ations of the party of the first part thereof,
<br /> and agrees to save party of the first pArt harmless from a1.I claims and liability of every nature
<br /> 14 and kind ariair� a�'�er the 22nd day of May, 191�8, by reason of the terms, conditions and provisions
<br /> of the instruments under whieh the same were created or the use thereof.
<br /> EXCEPTING HOV�EVER, from this conveyance a1.1 right, title and interest in and to all its
<br /> property in the nature of equipment, furnishings and other personal �roperty .located on the above
<br /> described premises which can be removed from the land t�rithout material. in�ury to the land or struc-
<br /> tur�s located thereon, other than property of suah nature located on the �nremises conveyed hereby
<br /> �hich is reasonably n�cessary f or the operation or maintenance of the airport or for the operation
<br /> or maintenance of the structures and improvements spec3fically listed hereinabove as being �rans-
<br /> ferred hereby, f or any reasonable use f or which such atructures or improvementa are readily adapta-
<br /> ble; and further excepting from this conveyance all its struc�ures on said premises other than
<br /> strizctures �pecifically described or enu�nerated above as bein� conveyed hereunder; and reserving to
<br /> the party of' 'Ghe first part for itself and its lessees, licensees, permittees, agents and assigns
<br /> the right to use th� property and atructures excepted hereby in such a manner as will not materi-
<br /> ally and adversely affect the development, im�rovement, operation or maintenance of the airport
<br /> and the right of removal from said premises of such property and structures, a11 within a reasona-
<br /> ble �;eriod of time after the date her�of, which shall not be conatrued to mean any period more than
<br /> one (1) year after the date of th3.s inatrument, together with a right of ingress to and egress Prom
<br /> said premises f or such purposes.
<br /> And further excepting from this conveyance the following to-wit: In accordance with Execu-
<br /> tive Order 9908, approved on December 5, 19�7 (12 F. R. 8223� , all uranium, thorium and all other
<br /> rnaterials determined purauant to section � (bj (1) of the Atomic Energy Ac�t of 19�6 �60 Stat. 761) ,
<br /> to be peculiarly essential to the production of fis�ionable material, contained in whatever concen-
<br /> tration in deposits in the lands covered by this instrument are hereby reserved for the use of the
<br /> United States, to�ether with the right of the United States through its authorized agents or repre-
<br /> sent�.tives at any time to enter upon the land and prospect for, mine, and remove the same, maki.ng
<br /> �ust compensation for any damage or in�ury occasioned thereby. However, 5uch land may be used, and
<br /> any ri�hts otherwise acquired by this dispoai�ion may be exercised, as �.f no reservation of such
<br /> i5 materials had been made; except that, when auch use results in the extraction of any such ma�erial
<br /> from the land in quantities which may not be transferred or delivered without a license under �he
<br /> Atomic Energy Act of 19�6, aa it now exista or rnay hereafter be amended, such material sha7.I be the
<br /> property of the United States Atomic Energy Commission, and �he Commission may require delivery of
<br /> such material to i� by any possesaor thereof after such material has been separated as such f rom the
<br /> orea in which it wa� contained. If the Commission requires the delivery of such material to it,
<br /> it sha�l pay ta the person minin� or extracting the same, or to such other person as the Com�ission
<br /> determines to be entitled '�hereto, such sums, �.ncluding profits, as the Comm�.asion deema fair and
<br /> reasonab�e for the diacovery, mzning, development , nroducti.on, extrac�ion, and other servicea per-
<br /> formed with respect to such material prlor to such delivery, but such payment shall not include any
<br /> amount on account of the value of such material before removal from its place of deposit in nature.
<br /> If the Comnission does not require del3.very of such material to it, the reservat3.on hereby made
<br /> sha11 be of no fur�her force or effec�.
<br /> Said property transferred hereby was duly declared surplus and was assigned to the Wa,r Asseta
<br /> � Adminis�rator for disposal, acting pursuant to the provisions of the above mentioned Act, as amended,
<br /> Executive Order 96II9, and ap�licable rules, regulations and orders.
<br /> AND reserving from this conveyance to �arty of the first par'�, its lessees, permittees, de-
<br /> signees, transferees and assigns as to that� area of the Grand Island Army Airf ield not conveyed
<br /> hereby and to ti,rhich party of the first part has fee simple title, a permanent right of .ingress and
<br /> e�ress to and from said area and continued nonexclusive use of the sewage diaposal system, storm
<br /> sewer system, electrical distribution system, sanitary sewer system and water supx�ly system and
<br /> replacements thereof and appurtenances thereunto belonging, or any part thereof and party of the
<br /> secon.d part as a �art of the consideration for this transf er agrees to operate and maintain such
<br /> facility lines and sygtems and to furni�h utility service to party of the first part, its transferees,
<br /> lessees, permittees, designees, and assigns f or such area, as are now being furnished, at applica-
<br /> ,. ble fixed rates, sub�ect to established -�uies and regula�ions including those governing the metering
<br /> 16 of uti2ity services or, if none exist, then those rates made effective shall no'� exceed the rates
<br /> charged ,by public utility companies in ad�acent areas f or the sarae ty;�e of service under substan-
<br /> tially similar conditions.
<br /> TO HAVE AND TO HOLD said premises, with appurtenance�, except the fissionable materials and
<br /> other �roperty exc�pted above and the rights reserved above, and under and sub,�ect to the reser-
<br /> vations, restrictions and conditions set forth in this instrument, unto the said party of the seeond
<br /> part, its successors and assigns forever.
<br /> By the acceptance of this deed or any rights hereunder, �he said party of the second part, for
<br /> itself, its successors and assigns agrees that the transfer of the property �ransferred by this
<br /> inatrument , is accepted sub,��ct to the following restrictions set f orth in subparagraphs (1) and
<br /> m o ed ursuant to the authorit of Article
<br /> (2 ) of this para raph, t,rhich shall run with the land, i p s p Y
<br /> �
<br /> e of Amer the Sur 1us Pro ert
<br /> U ted St t s ica
<br /> �,. Section 3, Clause 2 of the Constitution of �he ni a , P P y
<br /> Act of 19��, as amended, Reorganization Plan One of 19�'� (12 Fed. Reg. ��34) and applicable rules,
<br /> regulations and orders.
<br /> (1) That, except as provided in aubparagraph (6) of �he nex� succeeding unnumbered paragraph,
<br /> the l�.nd, buildings, structures, improvements and equipment in t�hich this instrument �ransfers any
<br /> interest sha11 be used f or public airport purposes for the use and benefit of the public , on reason�
<br /> able terms and without un,�ust discrimination and without gran� or exercise of any exclusive rig�it �
<br /> � for use of �he airport t�Tithin the mEaning of the terms "exclusive right" as used in subparagraph
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