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200009040 Project• NO.: 97- 0174.04 Central Platte Natural Resources District 104 RIGHT OF WAY CONTRACT Tract NO. TEMPORARY EASEMENT THIS CONTRACT, made and entered into this ..lol..lZ ............. day of 2(NN) by an etw en ..._. _...._ ....................ale.R A... 11BL-L. e. ..UQE.i:Lsch....)!........_0 -MV I.Tpr.......l iYf Ti/ f�Tfr6it ...._.....�!Gk.�l�/!lG�l ...... : e ...................................................................................................................................../................................................................................................ ............................... Address: ................... ............................... .. ... ... ...... ....................... ..................................-•---...-•------ ............................... , Central Platte iGatural Resources District hereinafter called the OWNER, and ............................................................................................ ............................... hereinafter called the BUYER. WITNESSETH: In consideration of the payment or pavments as specified below, the OWNER hereby grants to the BUYER a Temporary Easement, for construction purposes, to certain real estate described as follows: TRACT 104E -1 A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 36, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH P. M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER (W1 /4) CORNER OF SECTION 36, THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 36 MINUTES 01 SECONDS EAST ALONG THE WEST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (W1 /2, SWl /4) OF SAID SECTION 36 A DISTANCE OF 660.99 FEET; THENCE NORTH 88 DEGREES 53 MINUTES 53 SECONDS EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID SW1 /4 A DISTANCE OF 47.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 53 MINUTES 53 SECONDS EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID SW1 /4 A DISTANCE OF 894.60 FEET; THENCE SOUTH 56 DEGREES 18 MINUTES 59 SECONDS EAST A DISTANCE OF 104.32 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 08 SECONDS WEST A DISTANCE OF 924.04 FEET; THENCE SOUTH 18 DEGREES 25 MINUTES 38 SECONDS WEST A DISTANCE OF 185.96 FEET; THENCE NORTH 00 DEGREES 20 MINUTES 44 SECONDS EAST A DISTANCE OF 234.51 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1.39 ACRES MORE OR LESS. It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. The 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 ...5..'..34 .............. acres at $.....;! A............. per acre,........................................................ ............................... 5........ .3.,.20.0.....0.O............... ......................................................................................................................................................................................... ............................... S ................................................ 3,200.00 TOTAL$ ................. ............................... 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 shali terminate upon completion and acceptance of the above project by the BUYER. THIS IS A LEGAL AND BINDING CONTRACT — READ IT. The representative of the BUYER, In presenting this contract has given 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 OWNER By-° ................................................. ............................... ....i 1' ,.... .... `r Date ........-• ............................................................................. ............................... i �X {