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200009031 <br />Central Platte Natural Resources District <br />RIGHT OF WAY CONTRACT <br />TEMPORARY EASEMENT <br />THIS CONTRACT, made and entered into this . ............................... day of <br />by and between Hedwiz ... C. Reher,� Life _Estate <br />aMae Stoltenbe <br />Address: <br />Project' NO.: 97- 0174.04 <br />Tract NO.: 102 <br />2(NN) <br />.... . . . . .. .................................................... <br />......son,. R &-AP- ..OK'. der...... Caroline...John Ild . x .R11J1 ............ _............ <br />hereinafter called the OWNER t,enrral Ylatt.e Natural Resources District ".."'.... " " " " " " " " " " "' "" <br />, and ............................. ......................... . . .___ hereinafter called the BUYER. <br />WITNESSETH: In consideration of the payment or pavments as specified below, the OWNER hereby grants to the BUYER a Temporary Easement, <br />for construction purposes, to certain real estate described as follows: <br />TRACT 102E -1 <br />A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 36, TOWNSHIP 11 <br />NORTH, RANGE 9 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER, OF THE <br />SOUTHEAST QUARTER (SW CORNER, NW1 14, SE1 /4) OF SECTION 36; THENCE ON <br />AN ASSUMED BEARING OF NORTH 01 DEGREES 32 MINUTES 51 SECONDS WEST <br />ALONG THE EAST LINE OF SAID NW1 /4, SE1 14, A DISTANCE OF 160.52 FEET; <br />THENCE NORTH 55 DEGREES 04 MINUTES 13 SECONDS WEST A DISTANCE OF <br />441.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 55 <br />DEGREES 04 MINUTES 13 SECONDS WEST A DISTANCE OF 478.70 FEET; THENCE <br />NORTH 55 DEGREES 03 MINUTES 35 SECONDS EAST A DISTANCE OF 83.86 FEET; <br />THENCE SOUTH 56 DEGREES 12 MINUTES 31 SECONDS EAST A DISTANCE OF <br />467.58 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 53 SECONDS WEST A <br />DISTANCE OF 89.78 FEET TO THE POINT OF BEGINNING. SAID EASEMENT <br />CONTAINS 0.90 ACRES MORE OR LESS. <br />ANS ALSO: TRACT 102E -2 <br />A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 36, TOWNSHIP 11 <br />NORTH, RANGE 9 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER, OF THE <br />SOUTHEAST QUARTER (SW CORNER, NWI /4, SE1 /4) OF SECTION 36; THENCE ON <br />AN ASSUMED BEARING OF NORTH 01 DEGREES 32 MINUTES 51 SECONDS WEST <br />ALONG THE EAST LINE OF SAID NW1 /4, SE1 /4, A DISTANCE OF 160.52 FEET; <br />THENCE SOUTH 55 DEGREES 04 MINUTES 13 SECONDS EAST A DISTANCE OF <br />214.14 FEET TO THE POINT OK BEGINNING; THENCE NORTH 29 DEGREES 22 <br />MINUTES 51 SECONDS EAST A ISTANCE OF 98.18 FEET; THENCE NORTH 89 <br />DEGREES 21 MINUTES 06 SECONDS EAST A DISTANCE OF 1095.51 FEET TO A <br />POINT ON THE EAST LINE OF SAID.NW1 /4, SE1 /4; THENCE SOUTH 01 DEGREES <br />13 MINUTES 35 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 85.00 <br />FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 06 SECONDS WEST A DISTANCE <br />OF 1145.50 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS <br />2.19 ACRES MORE OR LESS. <br />It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. <br />The BUYER agrees to pay for the use of the above described real estate as specified below. If the OWNER so desires, he /she shell have the <br />right to receive 100% of the payments due under this contract prior to the BUYERS use thereof. <br />Approximately .. 3 . G 9 ............. acres at S ...... �A... 1 '800 00 <br />peracre .......................................................... ............................... S ...........bt...........! .......... <br />. ........... <br />...................................................... _................................................................................................................................................................ s ...... c• " ............_............. ...... <br />......................................................................................................................................................................................... ............................... s ........ _a.._. _ __........ <br />TOTAL s ......... <br />1,80G.GG <br />... ... <br />........._... <br />It is understood that the easement area may be used for the temporary relocation of utilities during the construction of the project. <br />The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if <br />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 <br />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 <br />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 <br />to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. <br />This contract shall be binding on both parties as soon as it if, executed by both parties but, if said temporary easement should not be required, <br />this contract shall terminate upon the paymept.pf;s10.00 by the BUY�:to the OWNER. <br />This contract may be executed in mole than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies <br />shall constitute but one and the same.agreett nt. <br />This contract shall terminate upon cotnprEtl'ij� N,ftd acceptance of the above project by the BUYER. <br />nchv t t <br />The representative of the BUYER, In presenting this contract has given me a copy and explained all of Its provisions. A complete <br />understanding and explanation has been given of the terminology, phrases, and statements contained In this contract. It Is understood <br />that no promises, verbal agreements or understanding, except as set forth In this contract, will be honored by the BUYER. <br />BUYER <br />By <br />Date <br />