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1 �� <br /> �1I� �C �E�,�L��T���J� ��C ��� �J <br /> . � "M"�21817—The Auguatine Co., County 8upplies, Grand Island, Nebr. � <br /> JUDGMENT ON DECLARATION OF TAKIN(� � � <br /> IN THE UNITED STATES DISTRICT C�URT IN AND FOR THE DISTRICT OF NEBRASKA, <br /> GRAND ISLAND DIVISION. <br /> � UNITED STATE� OF AMERICA ) N0. 3� CIVIL <br /> Petitioner, ; JUDaMENT QR DECLARATION <br /> _v$_ OF TAKING N0. 5-A <br />�I 12, �00 ACRES OF LAND, MORE OR LEBS, <br /> sITUATE IN HALL COUNTY, STATE OF <br /> NEBRASKA, AND JOHAT THOMS�EN, ET AL � <br /> RsBpondents. � <br /> This cause coming on to be heard upon Motion of Joseph T.Votava, United 9tates Attorney, <br />' in and for the District of Nebraska, and Lloyd W.Kelly, 3pecial United States Attorney, <br /> Attorneya for the Petitioner herein, to enter �udgment on the Deelaration of Taking Piled <br /> in the above entitled cause on September 29, 19�2, and for an Order fixing the d.a.te when <br /> possession of the property herein described is to be surrendered to the United Stateg of <br /> i America, and upon consideration thereof, and oP the Condemnation petition �'iled herein, <br /> and the statutes in such case made and provided, and it appearing to the satisfaction of <br /> the Gourt: <br /> First: That the United �tates oP America is entitled to acquire property by eminent <br /> dQ��xn for the purposes as set out and prayed in said Petition. � <br /> 3econd: That a petition in condennatlon was filed at the request oP the Secretary of <br /> War, the authority empowered by law to acq�ire the landa described in sald Petition, and <br /> alao under authority of the Attorriey (�eneral of the United States. <br /> Third: That �'aid Petition and Declaration of 'Pa.king state the authority under which, an8 <br /> the public use for which said landa were taken, t_�at the Secretary oP War ia the person <br /> duly authorized and empowered by la.w to acquire lands such as are described in the Petition ' <br /> for the purpose oY providing for an ordna.nce munitions plant and for other military pur- <br /> poses incident thereto, as authorized by law, and that the Attorney (�eneral of the United <br /> 8tates �s the person authorized by law to direct the institution of s�xch condemnation <br /> proeeeding. <br /> � gourth: �hat a proper description of the land sought to be taken, sufficient t'or iden- <br /> tification thereof, is aet out in said Declaration of Taking. <br /> Fifth: That said Dealaration oY Taking contains a atatement of the estate or interest - <br /> in aaid lands t�ken Por said public use. <br /> sixth: �hat a plat showing the lands taken is incorporated in .said Dealaration of• Taking. <br /> Seventh: �hat a statement is contained in said Declaration of Taking of a sum of money, <br />� estima�ed by said acquiring authorlty to be ,�uat compensation Yor said lands, in the amount <br /> bf �42, 265. F5, and' that said aum was deposited in trie �egistry of this Court for the use <br /> oP the persons entitled thereto, upon and at the time of the Piling of said �Declaration of <br /> Taking, � <br /> Eighth� That a statement is contained in said �eclaration of Taking that the amount oP . <br /> the ultimate award oP compensatlon Por the �aking of said property, in the opinion of the <br /> said Seeretary of �ar will be within any 13mits prescribed by Cpn�ress as to the price to <br /> be �aid therefor: Now, therefore, it is, <br /> ORDERED, ADJUDGED AND DECREED that the title to said land in fee simple absolute sub,�ect, <br /> however, to existing easements for public roads and high�ays, For bublic utilities, Por <br /> � railroa.ds, and for pipe lines, vested in the United Statea� of America upon the filing oP <br /> said Declaration of �aking, and the depositing in the Registry of this Court of the Amount <br /> of estimated ,�ust com�ens`ation, which said land aituated in Hall County, �ebraska, is mare <br /> particularly described as f'ollows: <br /> ' � TRACT N0. R � <br /> Tha,t� �ortion of Nebraska State Highway No. 2 lying wi�hin the limits of the following <br /> described land:� <br /> I All o�' Section :5, 6, 7, �, 17, 1�, 19, 20, 29 and 30 Township 11 North, Range 10 <br /> West and all of Sections 1, 2, 11, 12, 13, 1��, 23, 2�-, 25 and 2�,, Township 11 _ <br /> North, Range 11 West, all of said land being in Hall County, Nebraska. <br /> And th�t said lands are deemed to have been condemned and taken Por the use of the United <br /> 3tates of America, and the right to ,�ust compensation f'or the property taken, upon the filing <br /> of the Declaration of Taking, and making of the deposit, vested in the persons entitled there- <br /> to, and the amount of compensat3on shall be ascertained and award�d in this proceeding� and <br /> established by �udgment herein purauant to law, and - <br /> IT IS FURTHER ORDERED, ADNDGED AND DECREED that possession oP the above deseribed tracta, <br /> and oE the buildings and appurtenances thereto annexed ahall be surrendered to the United <br /> States of America, and its duly authorized agenta ferwith. <br /> IT IS FURTHER ORDERED that this cause is held open Por such further or dera, Judgments, <br /> and decrees as may be necessary in the premises. <br /> Entered this 30th day of September, 19�2, at Omaha, Nebraska. <br /> Filed: Sept. 30, 19�2 /s/ John W. Delehant � <br /> Mary A.�ullen, Clerk (SEAL� U. S. District Judge. <br /> B Emil Kalkowski Deputy. ;. <br /> Y Y , <br /> A -TRUE COPY <br /> ATTEST: Mary A. Mullen, Clerk <br /> By Emily Kalkowski, Deputy. <br /> . <br /> .�_---__ -- — <br />