20120213161510143_0013.tif I
STATE OF NEBRASKA )
COUNTY OF WASHINGI`ON )
James Michael Kelley, being first duly sworn deposes and states;
1. That he is the President of Kelly Fish & Seafood, Inc.
2, That he is personally acquainted with the facts stated herein.
1 That the Plaintiff is the o`vner of estate described as follows, to wit:
Lots 17, 19, 20, 21, 22, and 23 except the East 9.32 feet
of Lot 23 together with that part of Lot 16 in said Block 50,
bounded and described as follows: Beginning at a point on the North line
of said Lot 16, distant 13.5 feet Easterly, as measured along said North`
line, from the Northwest corner of said Lot 16; thence Southerly along a
line that forms an angle of 88 °14', measured clockwise from the North
line of said Lot 16, a distance of 8.0 feet; thence Southwesterly
60 °24'right a distance of 15 feet to a point on the West line of said Lot 16
which is distant15 feet Southerly from the Northwest confer thereof;
thence Southerly along the West line of said Lot 16 to the Southwest
corner thereof; thence Easterly along the South line of said Lot 16, a
distance of 24 feet, more or less, to the Southeast corner thereof; thence
Northerly along the East line of said Lot 16 to the Northeast comer
thereof; thence Westerly along the North line of said Lot 16, a distance of
10.5 feet, more or less, to the point of beginning, City of Blain,
Washington County, Nebraska
and that it and its predecessors in title have had continuous, notorious and
exclusive adverse possession of said real estate under claim of title more than
ten years last past.
4. That the Defendant, Union Pacific Railroad Company obtained said premises
i
through eminent domain proceedings as filed in Deed Book 156 at Page
180 -181, in the records of the Washington County Register of Deeds. That on
or about 1975 the predecessors in interest of the Union Pacific Railroad
t'ompany abandoned said tract and removed all trackage from the premises
and have no further claim to the property.
5. That the Plaintiff further alleges that none of the Defendants to this action, to
wit; The, Union Pacific Railroad Company, and/or their` predecessors in