Range 21 with privileges allowed and the party
of the first part for and in consideration of the
further sum of One Dollar paid to the party
of the first part by the party of the second part
does hereby bargain sell release and convey unto
the party of the second part its successors and
assigns a right of way in over and through any
and all land the party of the first part has or may
have in said county to enable the party of the
second part its successors and assigns to build
construct have hold use and operate a railway
said way shall be 120 feet wide and located by
the party of the second part and it may be law
ful for the party of the second part its successors
and assigns and all and every person for its ben
efit and advantage at all times hereafter to
construct use pass and repass with and without
property and effects through and over a railway
lately surveyed or located or to be surveyed and loc
ated by the party of the second part or its line of
railway and which roadway hereby granted and
conveyed is of the width of 120 feet aforesaid and
the party of the second part its successors and
assigns has and shall have the right and priv
ilege in consideration aforesaid and in consideration
of its construction and operation of said rail road
to go beyond the limits of the said 120 feet or way
hereby granted and released to drain said way and
to keep it drained and the party of the first
part covenants and agrees not to disturb or mo
lest the party of the second part its successors
and assigns servants agents or employees in the
use and enjoyment of the said way or privileges
To Have and to hold the above granted premises
and privileges unto the party of the second part
its sucessors and assigns against all and every
person or persons lawfully claiming or to claim by
or through the party of the first part provided
however that if the party of the second part its suc
cessors or assigns shall not within six months from
the date hereof locate grade and tie its Rail Road
over or within miles of the above described prem
ises this grant and conveyance to be wholy void
and of no effect In witness whereof the party of
the first part has hereunto set his hand and seal
the day and year first above mentioned
signed sealed and delivered }
in the presence of } |