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WHEREAS, Lawrence Kroeger ( "Kroeger ") is the owner of certain real property located
<br />adjacent to north of the Ellis Property and legally described:
<br />That portion of the South Half of the Northwest Quarter (S 1 /2 NW 1 /4) and the North Half
<br />of the Southwest Quarter (N 1 /2 SW 1 /4) and Lot Four (4) in the Southwest Quarter (SW 1 /4)
<br />lying south of the South line of the Interstate Highway constructed through and all being
<br />in Section Twenty -one (21), Township Ten (10) North, Range Nine (9) West of the Sixth
<br />Principal Meridian, Hall County, Nebraska (the "Kroeger Property "); and
<br />WHEREAS, the County is the owner of certain real property located adjacent to the east
<br />of the Kroeger Property and legally described as:
<br />Lots Two (2) and Three (3) and land accreted thereto in the East Half of Section Twenty -
<br />one (21), and the Southwest Quarter (SW 1 /4) of the Northeast Quarter (NE 1 /4), Section
<br />Twenty -one (21), Township Ten (10) North, Range Nine (9) West of the Sixth Principal
<br />Meridian, Hall County, Nebraska, excepting therefrom those parts thereof conveyed to
<br />the State of Nebraska by deed recorded in Book 71 at Page 159, of the Deed Records of
<br />Hall County, Nebraska, and also excepting therefrom those parts conveyed to the State of
<br />Nebraska by deed dated August 14, 2001, and recorded October 11, 2001, as Instrument
<br />No. 0200110262 in the Office of the Register of Deeds of Hall County, Nebraska
<br />(the "County Property "); and
<br />WHEREAS, there is no public road that provides vehicular ingress or egress to the
<br />Kroeger Property or the County Property; however, a trail road (the "Trail Road ") currently
<br />exists over the Ellis Property that the Ellises use to travel across the Ellis Property, and which
<br />can provide vehicular access to the Kroeger Property and the County Property; and
<br />WHEREAS, the Ellises own and control a gate (the "Ellis Gate ") across the Trail Road
<br />that prohibits the public from gaining access to the Ellis Property, the County Property, and the
<br />Kroeger Property; and
<br />WHEREAS, on or about October 29, 2010, the County filed a condemnation action
<br />against the Ellises in the County Court of Hall County, Nebraska, captioned County of Hall,
<br />Condemnor, v. Addren D. "John" Ellis, in his individual capacity and as Trustee of the Addren
<br />D. "John" Ellis Revocable Trust, Patsy A. Ellis, in her individual capacity and as Trustee of the
<br />Patsy A. Ellis Revocable Trust, Russell Ellis, Cindy Ellis, and All Persons Having or Claiming
<br />Any Interest in the Real Estate, Real Names Unknown, Condemnees, and docketed therein as
<br />Case No. CI10 -5721 (the "Ellis Condemnation Action "), in which the County sought to condemn
<br />and acquire by exercise of the power of eminent domain approximately 2.42 acres located within
<br />the Ellis Property and legally described as follows:
<br />Parcel One: A tract of land being part of the Southeast Quarter (SE 1 /4) of Section Twenty
<br />(20), Township Ten (10) North, Range Nine (9) West of the Sixth Principal Meridian, Hall
<br />County, Nebraska, more particularly described as the south 33.00 feet of the east 500.00 feet of
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