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200106570 Project' NO.: 97- 0174.04 Central Platte Natural Resources District 2'11 RIGHT OF WAY CONTRACT Tract NO.: TEMPORARY EASEMENT THISCONTRACT. made and entered into this . ............................... day of ........................................................................................ ............................... �t)F►20C 1 by and between .......W�...Lyl,�.,.Wh t ng,.._.Trustee.__of the ..W.._ Lyle Whj ipg.. Revocable.._ Livipg.. TTUSt ........................... ,�ltec�,,,November.. „1.3, ,1992 .and Danne._.J Gmpel ................................................. _ .................................................. ... ............................... . Address: Box,.2018.,....Cody.,....WXom ng...GAO hereinafter called the OWNER, and ..Cl Nur..al Resources District ....................entral ....... P..........atte ...................at....................................................................... ............................... hereinafter called the BUYER. WITNESSETH: In consideration of the payment or pavments as specified below, the OWNER hereby grants to the RIIYER a Temporary Easement, for construction purposes, to certain real estate described as follows: TRACT 201E A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 35, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER (NE CORNER, E1 /2, SW1 /4) OF SECTION 35; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 49 MINUTES 46 SECONDS EAST ALONG THE EAST LINE OF SAID E1 /2, SW1 /4 A DISTANCE OF 577.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 49 MINUTES 46 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 120.52 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 03 SECONDS WEST ON A LINE PARALLEL TO THE NORTH LINE OF SAID SW1 /4 A DISTANCE OF 639.88 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 39 SECONDS WEST A DISTANCE OF 167.00 FEET; THENCE NORTH 88 DEGREES 48 MINUTES 03 SECONDS EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID SW1 /4 A DISTANCE OF 754.17 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1.93 ACRES MORE OR LESS. .�1 eayee•C+�7 i9�rta �er Ne Mov'd�'�taN�cuo�� >er/ 9ear5. v It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. 'Ihe BUYER agrees to pay for the use of the above described real estate as specified below. If the OWNER so desires, he /she shall have the right to receive 100% of the payments due under this contract prior to the BUYER'S use thereof. Approximately ..... 1.tU........... acres at S.......N.�A .. per acre ......................................................... ............................... S .............. i.a.?nr..nn......... ......................................................................................................................................................................................... ............................... S ................. ............................... ......................................................................................................................................................................................... ............................... $ ................. ............................... TOTAL $ ... ...........i. .,.znn..nn......... It is understood that the easement area may be used for the temporary relocation of utilities during the construction of the project. The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if any, which will be paid for in the amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. This contract shall be binding on both parties as soon as it is executed by both parties but, if said. temporary easement should not be required, this contract shall terminate upon the payment of $10.00 by the BUYER to the OWNER. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same, agreement. This contract shall terminate upon completion and acceptance of the above project by� thr, BUYJ3R: THIS IS A LEGAL AND BINDING CONTRACT —READ IT. The representative of the BUYER, In presenting this contract has g me a copy and explained all of Its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained In this contract. It Is understood that no promises, verbal agreements or understanding, except as set forth In this contract, will be honored by the BUYER. BUYER O NER W. LYLE WHITING REVOCABLE LIVING TRUST DATED NOVEMBER 13, 1992 By ................................................................................................. ............................... �� L �e I? ....:. y stin41”? � sEee Date............................................................................................. ............................... �... • ....... , anne ii p