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Grant of easement, Las Vegas Land and Water Company, Audit No. 5352, June 1, 1954

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Date

1954-06-01

Description

Granting of an easement by the Union Pacific Railroad to the Las Vegas Valley Water District for the purpose of maintaining the water supply facilities. Notarized by Louis Scholnick in Douglas County, Nebraska on June 3, 1954.

Digital ID

hln001196

Physical Identifier

Box 25 Folder 80-11 Vol. 6 of 7 Part 1 LVL&W Co. Sale of Water Production of UPRR Co.
Details

Citation

hln001196. Union Pacific Railroad Collection, 1828-1995. MS-00397. Special Collections and Archives, University Libraries, University of Nevada, Las Vegas. Las Vegas, Nevada. http://n2t.net/ark:/62930/d1bk19p97

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Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

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English

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In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged,LOS ANGELES & SALT LAKE RAILROAD COMPANY and its les- see, UNION PACIFIC RAILROAD COMPANY, Utah corporations, Grantors, hereby grant to LAS VEGAS VALLEY WATER DISTRICT, a public corpora- tion of the State of Nevada, Grantee, its successors and assigns, rights of way and easements for the construction, maintenance, op- eration, repair and replacement of water pipe lines and appurten- ances and appurtenant work, under, upon and along the several strips of land hereinafter described and called "easement strips" which extend across the lands of the Grantors. The Grantee, its successors and assigns, their officers, agents and employees, or any contractor, his agents and employees, engaged by the Grantee, its successors and assigns, shall have the right to enter upon, pass and repass over and along, and to deposit tools, implements and other materials on, said easement strips whenever necessary for the purposes above set forth, except that the right of the Grantee and said persons to enter upon, pass and repass over and along said easement strips at and in the vicinity of railroad tracks, signals and other appurtenant railroad operating facilities now or hereaf- ter intersecting, paralleling or extending along said easement strips shall be subject to reasonable regulations Imposed by Grant- ors,their successors and assigns, from time to time restricting the time and manner of passing over the easement strips in the vicinity of said railroad operating facilities for the purpose of avoiding interruption of the operation of trains, engines and cars over said tracks or danger to persons and property, and provided further that no tools, Implements or other materials shall at any time be placed upon said railroad tracks or so near thereto as to endanger trains, engines and cars or persons thereon operating upon said tracks. Ex- cept in case of emergency the District, its successors and assigns, shall not perform or cause to be performed any work upon said ease- ment strips in the vicinity of said railroad tracks and appurtenant facilities until after 24 hours' notice to Grantors, their succes- sors and assigns, and in the case of emergency, immediate notice of such work shall be given to the agents or employees of the Grantors, their successors and assigns, who can be found nearest to the point of work. No existing pipe line maintained by Grantee, its succes- sors and assigns, along said easement strips shall be raised above its present level, and the top of all new pipe lines or pipe lines replaced by them shall be placed at least four (4) feet below the surface of the ground. The easements herein granted are subject and subordinate to the right of the Grantors, their successors and assigns,to main- tain, operate and renew existing railroad tracks and appurtenant facilities, and to construct additional railroad tracks and appur- LA&SL Audit No. 5352 GRANT OF EASEMENT tenant facilities upon, under, over, along and across the easement strips; and Grantee, its successors and assigns, shall not be en- titled to remove or disturb said railroad tracks and appurtenant facilities for the purpose of constructing, maintaining, operating, repairing and replacing water pipe lines and appurtenances under and along said easement strips. Grantee, its successors and as- signs, shall have reasonable access within said easement strips for said purposes, but at their sole cost and expense shall be re- quired to take such steps as are required by sound engineering practice to support said railroad tracks and appurtenant facilities, prevent damage thereto or interruption of service thereover. Except in the case of emergency,Grantor, its successors and assigns, shall not be entitled to make excavations upon or in the vicinity of said easement strips which might endanger the wa- ter pipe lines and appurtenances therein of the Grantee, its suc- cessors and assigns, or to remove or disturb any such water pipe lines and appurtenances for the purpose of constructing, maintain- ing, operating, repairing or replacing said railroad tracks or rail- road operating facilities until after 24 hours' notice to the Gran- tee, its successors and assigns; and in the case of emergency imme- diate notice of such work shall be given to the agents or employees of the Grantee, its successors and assigns, who can be found nearest to the point of work. Grantor, its successors and assigns, shall not be entitled to temporarily remove or disturb any water pipe lines ex- cept after having given notice hereinbefore provided and unless and until Grantor, its successors and assigns, shall have taken such steps as are required by sound engineering practice to prevent the interruption of water service to customers and the distribution of water to areas then being served by said water pipe lines. If any water pipe lines and appurtenances shall have been installed in any such easement strips in accordance with the provi- sions of this deed, Grantors, their successors and assigns, shall bear the expense of any additional reinforcement, relocation or re- placement of said water pipe lines and appurtenances which may there- after be required to protect said water pipe lines by reason of the construction of new railroad tracks or railroad operating facilities or change of grade of existing railroad tracks or railroad operating facilities over or under said water pipe lines. The easements hereby granted are subject to all restric- tions, limitations, easements and encumbrances of record and to all existing rights of other persons in and to the lands of the Grantors whether of record or not. The Grantors, their successors and as- signs, reserve the right to construct roads, pipe lines, wire lines over, under, along and across said easement strips and to use said easement strips, and to grant to others the right to use said ease- ment strips, for any purpose whatsoever which will not unreasonably interfere with the construction, maintenance, operation, repair and replacement of water pipe lines and appurtenant facilities by Gran- tee, its successors and assigns, under and along said easement strips. At the request and expense of the Grantors, their successors or assigns, the Grantee, its successors or assigns, shall hereafter from time to time relocate all or any portion of the water pipe lines then maintained under and along said easement strips to other easement strips of the same width which shall be granted without cost to Gran- tee, its successors or assigns, subject to the same terms and condi- tions as herein contained, and provided that such relocation can be made without preventing the use of said pipe lines for the conveyance of water to the areas and facilities then being served by said pipe lines. When the Grantee, its successors and assigns, shall cease to use any of the said easement strips or any portion of the length of any of said easement strips, the right of way and easement there- in then owned by the Grantee, its successors or assigns, shall revert to and become the property of the Grantors, their successors and as- signs. The easement strips over which rights of way and easements for the purposes hereinabove set forth are herein granted to Grantee, its successors and assigns, are described as follows: EASEMENT STRIP ONE That certain strip of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being a portion of the NE^ of the NW^ of Section 33, T. 20 S., R. 61 E., M.D.B.& M., described as follows: The west 15 feet of the south 573.1 feet of the NE^ of the NW^ of said Section 33. EASEMENT STRIP TWO That certain strip of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being portions of Sections 33 and 34, T. 20 S., R. 6l E., M.D.B.& M., the center line of said strip being described as follows: Beginning at a point on the northwesterly line of Main Street as said Main Street is shown on map of Clark's Las Vegas Townsite, recorded in Book 1, page 37 of Plats, records of said Clark County, distant thereon N. 27? 45' E. 17.6 feet from the westerly prolongation of the cen- ter line of Clark Avenue (formerly Clark Street) as said Clark Avenue is shown on said map;thence N. 56* 13' 30" w. 453.6 feet; thence N. 55? 50' EASEMENT STRIP FIVE (Cont'd.) 30" W. 266.7 feet; thence N. 10" 50' 30" W. 6.0 feet; thence N. 56? 09' 30" W. 291.5 feet;thence N. 68? 22' 30" W. 233.1 feet; thence N. 82? 01' 15" W. 407.6 feet; thence N. 79? 01' 00" W. 249.0 feet; thence N. 75? 56' 00" W. 370.0 feet, more or less to the end of said center line at a point on the west line of the SE^ of the NE^ of said Section 33 distant south thereon 104.5 feet from the northwest corner of the SE^ of the NE^ of said Section 33. The side lines of the above described 15 foot wide strip of land shall be prolonged or shortened so as to terminate at the northwesterly boundary line of said Main Street and at the west line of the SE^ of the NE^ of said Section 33. The said side lines also shall be prolonged or short- ened at all angle points, so as to terminate at their points of intersection. EASEMENT STRIP THREE Those two certain strips of land 15 feet in width and being portions of the of Section 34, T. 20 S., R. 6l E., M.D.B.& M., in the City of Las Vegas, County of Clark,State of Nevada, the center lines of said strips being described as follows! 1. Beginning at a point in a line parallel to and distant N. 62? 15' W. 117.0 feet from the northwesterly line of Main Street, and distant S. 27? 45' W. 31.7 feet measured along said parallel line from the westerly prolongation of the center line of Garces Avenue (formerly Garces Street) as said streets are shown on map of Clark's Las Vegas Townsite, recorded in Book 1, page 37 of Plats,rec- ords of said County; thence along said parallel line N. 27? 45' E. 1040.6 feet to a point in said center line designated Point A; thence continuing along said center line and said parallel line N. 27? 45' E. 1272.0 feet to the end of said center line at a point distant S. 27? 45' W. 79.1 feet from the westerly prolongation of the southerly line of Carson Avenue (formerly Carson Street) as said Carson Street is shown on said map. 2. Beginning at point designated hereinabove as Point A; thence N. 62? 15' W. 109.2 feet;thence S. 27? 45' W. 8.0 feet. The said side lines of the above 15 foot strip shall be prolonged or shortened at all angle points^ so as to terminate at their points of intersection. 4. EASEMENT STRIP FOUR That certain strip of land 20 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being portions of the NEt of the NE^ of Section 33^ SE^ SE^ Section 28, the S^ SW^ Section 27^ and the N^ NW^ Section 34, all in T. 20 S., R. 6l E., M.D.B.& M., said 20 foot wide strip of land lying 5 feet meas- ured at right angles on the southerly side and 15 feet, measured at right angles on the northerly side of the following described survey lines Beginning at a point on the northwesterly line of Main Street, distant thereon S. 27? 45' W. 16.2 feet from the westerly prolongation of the center line of Ogden Avenue (formerly Ogden Street) as said streets are shown on map of Clark's Las Vegas Townsite,record- ed in Book 1, page 37 of Plats, records of said County; thence N. 62* 28' W. 689.5 feet; thence S. 85? 55' 56" W. 1223.1 feet, more or less, to an intersection with the east line of said Section 28, said intersection ly- ing southerly, measured along said east line of said Section 28, a distance of 1288.9 feet from the souther- ly boundary line of Bonanza Road as said Bonanza Road now exists 80 feet wide; thence S. 85? 53' 39" W. 1325 feet, more or less, to a point in a line parallel to and lying easterly a distance of 7.5 feet, measured at right angles, from the west line of said NE^ of the NE^ of said Section 33, said point being distant S. 40 feet, more or less, measured along said parallel line from the north line of said NE^ NE^ said Section 33. The side lines of the above described 20 foot strip of land are to be prolonged or shortened so as to termin- ate at the existing northwesterly boundary line of widened Main Street. The said side lines shall be prolonged or shortened at all angle points, so as to terminate at their points of Intersection. EASEMENT STRIP FIVE ^"^Jk ----v 5 Those certain strips of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being portions of the N^ of the NW^ of Section 34, and the S^ of the SW^ of Sec- tion 27? all in T. 20 S., R. 6l E., M.D.B.& M., described as fol- lowss PARCEL 1 A strip of land 15 feet in width, the center line of which strip is described as follows: 5. EASEMENT STRIP FIVE (Cont'd.) Commencing at a point on the northwesterly line of Main Street distant thereon S. 27? 45' W. 16.2 feet from the westerly prolongation of the center line of Ogden Avenue (formerly Ogden Street) as said Streets are shown on map of Clark's Las Vegas Townsite, recorded in Book 1, page 37 of Plats, records of said County; thence N. 62? 28' W? 243.2 feet to the True Point of Beginning; thence N. 27? 45' E 18.5 feet; thence S. 62? 15' E. 14.1 feet; thence N. 27? 45' E. 522.1 feet; thence N. 17? 04' 30" W. 160.8 feet to a point herein designated Point A. The side lines of the above described strip of land shall be pro- longed or shortened at all angle points so as to termin- ate at their points of intersection. PARCEL 2 A strip of land 15 feet in width being 3-6 feet wide, measured at right angles, on the southeasterly side and 11.4 feet wide, measured at right angles, on the northwesterly side of the following described survey lines Beginning at point designated Point A in Parcel 1 herein; thence N. 27? 45' E. 515*3 feet to a point here- in designated Point B; thence continuing N. 27? 45' E. 394.0 feet. The side lines of the strips of land de- scribed as Parcels 1 and 2 shall be prolonged or short- ened at said Point A so as to terminate at their points of intersection and to produce a continuous strip. PARCEL 3 A strip of land 15 feet in width the center line of said strip being described as follows; Beginning at point designated as Point B in Parcel 2 herein; thence N. 62? 25' W. 222.1 feet to a point herein designated Point C. PARCEL 4 A strip of land 15 feet in width being 3-8 feet wide, measured at right angles, on the northerly side and 11.2 feet wide, measured at right angles, on the southerly side of the following described survey lines Beginning at point designated as Point C in Parcel 3 herein; thence S. 87? 51? W, 1443.0 feet to a point distant S. 01? 52' 03" E. 283.0 feet from the south line of Bonanza Road as said road now exists 80 feet in width. 6. EASEMENT STRIP FIVE (Cont'd.) The side lines of the strips of land described as Parcels 3 and 4 shall be prolonged or shortened at said Point C so as to terminate at their points of intersec- tion and to produce a continuous strip. EASEMENT STRIP SIX That certain strip of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being portions of the SW^ of the SE^ of Section 28, T. 20 S., R. 6l E., M.D.B.& M., described in two parts as follows: 1. The east 15 feet of the west 29.5 feet of the SW^ of the SE^ of said Section 28, except the south 15 feet thereof and except the portion thereof in Bonanza Road as said Bonanza Road now exists. 2. The north 15 feet of the south 47.5 feet of the west 14.5 feet of the SW^ of the SE^ of said Section 28. EASEMENT STRIP SEVEN That certain strip of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being a por- tion of the SW^ of the SW^ of Section 27, T. 20 S., R. 6l E., M.D. B.& M., the center line of which is described as follows: Beginning at a point on the south line of Bonanza Road as said Bonanza Road now exists 80 feet in width, distant thereon N. 88? 07' 57" E. 748.5 feet from the west line of said Section 27; thence S. 01? 52' 03" E. 1260.00 feet. EASEMENT STRIP EIGHT That certain strip of land 15 feet in width in the City of Las Vegas, County of Clark, State of Nevada, and being a por- tion of the S2 of the S^ of Section 29, T. 20 S., R. 6l E., M.D. B.& M., described in three parts as follows: 1. The south 15 feet of the north 25 feet of the S? of the SE^ of said Section 29 lying west of the westerly line of that certain highway easement recorded Jan. 18, 1945 as Document #191617 in Book 37, page 184 of Deeds, records of said Coun- ty. 2. The south 15 feet of the north 25 feet of the east 10 feet of the SE^ of the SW^ of said Section 29. 7. EASEMENT STRIP EIGHT (Cont'd.) 3. Beginning at the northeast corner of the SE^ of the SW^ of said Section 29; thence west 25 feet along the north line of the SE^ of the SW^ of said Section 29; thence South 701.09 feet par- allel to the east line of SE^ of the SW^ of said Section 29; thence northeasterly in a direct line to a point on said east line, distant south there- on 700 feet from the point of beginning; thence north 700 feet to the point of beginning. Excepting therefrom the northerly 10 feet thereof and excepting the easterly 10 feet thereof. EASEMENT STRIP NINE Those certain strips of land situated in the City of Las Vegas, County of Clark, State of Nevada, being portions of Sections 28, 29,and 33, in T. 20 S., R. 6l E., M.D.B.& M., more particularly described as follows: 1. The south 269 feet of the west 20 feet of the SE^ of said Section 29. 2. The south 20 feet of the SE^ of said Section 29. 3. The south 20 feet of the SW^ of the SW^ of said Section 28. 4. The south 15 feet of the SE^ of the SW^ of said Section 28. 5. The south 15 feet of the SW^ of the SE^ of said Section 28. 6. The south 15 feet of the west 15 feet of the SE^ of the SE^ of said Section 28. 7. The west 15 feet of the NE^ of the NE^ of said Section 33. 8. The west 15 feet of the north 105 feet of the SE^ of the NE^ of said Section 33. 9. The west 20 feet of the NE^ of the NW^ of said Section 33, excepting therefrom the south 573.1 feet thereof. 8. EASEMENT STRIP TEN That certain strip of land 15 feet in width and being portions of the SE^ of Section 33 and of the SW^ of Section 34, T. 20 S., R. 61 E., M.D.B.& M., in the City of Las Vegas, Coun- ty of Clark, State of Nevada, the center line of said strip be- ing described as follows: Commencing at a point in the northwesterly line of Main Street distant thereon S. 27? 45' W. 31.7 feet from the westerly prolongation of the center line of Garces Avenue (formerly Garces Street) as said streets are shown on maps of Clark's Las Vegas Townslte, recorded in Book 1, page 37 of Plats,rec- ords of said County; thence N. 62? 15' W. 109.5 feet to the True Point of Beginning; thence continuing N. 62? 15' W. 24.5 feet; thence S. 27? 45' W. 363.5 feet; thence S. 62? 15' E. 111.5 feet; thence S. 27? 45' W. 638.O feet. The side lines of the above de- scribed 15 foot strip shall be prolonged or shortened at all angle points so as to terminate at their points of intersection. IN WITNESS WHEREOF the Grantors have executed this in- strument this 1st day of June, 1954, by their officers thereunto duly authorized. LOS ANGELES & SALT LAKE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY (SEAL) By /s/ A. E. STODDARD President Attest: /s/ L. J. BACHMAN Assistant Secretary (SEAL) STATE OF NEBRASKA ) i SS: COUNTY OF DOUGLAS ) On this 3d day of June, 1954, personally appeared be- fore me, a Notary Public in and for the County of Douglas, State of Nebraska, A. E. STODDARD, known to me to be the President, and _ L. J. Bachman_, known to me to be Assistant Secretary, of the corporations that executed the foregoing Instrument, and upon oath did depose and say that they are the officers of said corpo- rations as above designated; that they are acquainted with the seals of said corporations and that the seals affixed to said instrument are the corporate seals of said corporations; that the signatures to said Instrument were made by the officers of said corporations as indicated after said signatures; and that the said corporations executed the said instrument freely and voluntarily and for the us- es and purposes therein mentioned. /s/ LOUIS SCHOLNICK_ Notary Public (SEAL) 10 .