Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-41

111 4. An easement for the flow of the waters of Las Vegas Creek, along its natural course across said strip, is hereby reserved by Grantor. 5. An easement for the operation, maintenance, repair and reconstruction of fie existing electric power pole line, crossing said strip in the NE 1/4 of the NE 1/4 of said Section 32, as well as the right to construct, maintain, operate and renew additional facilities such as telephone and power lines, water pipe lines, and railroad tracks across said strip, are hereby reserved by Grantor. 6. The fee simple title to any and all coal, oil and other minerals within or underlying said land, intending thereby any and all inorganic substances (including oil an natural gas) now know to exist or hereafter discovered upon or beneath the sur ace, having sufficient value, separated from their situs as a part of the earth, to be mined, pipe, pumped, quarried, dug/or otherwise removed for their own sake, or their own specific uses, is hereby excepted from this conveyance and reserved by Grantor, it being the intention of the Grantor to convey sur ace rights only. And Grantor hereby reserves the perpetual and exclusive right to remove andy and all such substances, the earth and other matter containing same necessary or convenient in the removal thereof: it being understood, however, that neither Grantor nor their successors, grantees or assigns, shall have the right to use any of surface of said land and that the mining and removing of said substances shall be carried on in such a way as not to damage the surface of said land or to interfere with the use of the surface of said land by the Grantee, its successors or assigns. 7. Upon the completion of said highway and before the same is opened to the use of the public, the Grantee with construct a good and substantial fence on each side of the strip of land hereby granted. 8. In the event the land hereby granted, or any part thereof, shall cease to be used for highway purposes, or in the event the Second Party shall fail or neglect to at all times maintain said highway within the lines of said right of way in good condition and repair, or shall fail to keep and perform each and every of the conditions herein provided by it to be kept and performed, then and in that event the title to said land (or such portion thereof as shall have ceased to be so used or maintain) shall immediately revert to said First Parties, their successors or assigns, free from the easement hereby granted. TO HAVE AND TO HOLD unto said Second Party and to its successors and assigns, subject, however, to the terms and conditions herein recited. IN WITNESS WHEREOF, the Parties of the First Part have caused this indenture to be executed by their officers thereunto duly authorized, and their corporate seals to be affixed, the day and year first above written. LOS ANGELES AND SALT LAKE RAILROAD COMPANY ATTEST: By: /s/ G. F. Ashby_____________ /s/ Paul Rigdan________ Vice President Assistant Secretary UNION PACIFIC RAILROAD COMPANY ATTEST: By: /s/ G. F. Ashby___________________ /s/ Paul Rigdan Vice President Assistant Secretary STATE OF NEBRASKA ) ) SS: COUNTY OF DOUGLAS ) On this 25th day of September , 1944, before me, Louis Scholnick_____, a Notary Public in and for Douglas County, State of Nebraska, suly authorized to take acknowledgments in the County of Douglass, personally appeared G. F. Ashby__________ known to me to be the Vice President, and Paul Rihdon know to me to be the Assistant Secretary, of LOS ANGELES AND SALT LAKE RAILROAD COMPANY and UNION PACIFIC RAILROAD COMPANY, the corporations that executed the within instrument, and known to me to the persons who executed the within instrument on be half of the corporations herein named, and acknowledged to me that such corporations executed the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /s/ Louis Scholnick____________ (SEAL) Notary Public