Laserfiche WebLink
200009041 <br />Central Platte Natural Resources District Project NO.: 97- 0174.04 <br />104 <br />RIGHT OF WAY CONTRACT Tract NO.: <br />PERMANENT EASEMENT <br />THIS CONTRACT, made and entered into this ........470 .. day of <br />.. <br />Richard aGDef.. hG........ ............ ... ... M'...by d eP .................... D ....................................�........................... .......S....L..°............ . ............................ .............�....�.... ./ ..... .................. <br />........ <br />. ................................ . .........................L" ..... <br />Address: ...................................... ............................... .............................................................................................................................................................. ............................... , <br />hereinafter called the OWNER, and ....Ce?1tra1 Pl an. xte.... �jd. li. ural ... Res .Aur.C.t'S...DIstr1.c.tn ....... .................... hereinafter called the BUYER. <br />................ <br />WITNESSETH: Inconsideration of the payment or payments as specified below, the OWN FP herebv aRr "% to execute to the RlnvpR s Permanent <br />Easement which will be prepared and furnished by the BUYER, to certain real estate describe,' ns follows: <br />TRACT 104E -2 <br />A PERMANENT FLOWAGE 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 (SW CORNER) OF THE SOUTHWEST <br />QUARTER (SW1 /4) OF SECTION 36; THENCE ON AN ASSUMED BEARING OF NORTH <br />01 DEGREES 36 MINUTES 01 SECONDS WEST ALONG THE WEST LINE OF SAID <br />SWl /4 A DISTANCE OF 568.33 FEET TO THE POINT OF BEGINNING; THENCE <br />CONTINUING NORTH 01 DEGREES 36 MINUTES 01 SECONDS WEST ALONG THE WEST <br />LINE OF SAID SW1 /4 A DISTANCE OF 782.73 FEET; THENCE NORTH 67 DEGREES <br />20 MINUTES 30 SECONDS EAST A DISTANCE OF 448.97 FEET; THENCE NORTH 84 <br />DEGREES 26 MINUTES 46 SECONDS EAST A DISTANCE OF 138.98 FEET; THENCE <br />NORTH 48 DEGREES 36 MINUTES 19 SECONDS EAST A DISTANCE OF 520.08 <br />FEET; THENCE NORTH 34 DEGREES 37 MINUTES 30 SECONDS EAST A DISTANCE <br />OF 149.06 FEET; THENCE NORTH 88 DEGREES 53 MINUTES 53 SECONDS EAST A <br />DISTANCE OF 66.53 FEET; THENCE SOUTH 56 DEGREES 18 MINUTES 59 SECONDS <br />EAST A DISTANCE OF 462.57 FEET TO A POINT ON THE EAST LINE OF THE <br />WEST HALF OF THE SOUTHWEST QUARTER (W1 /2, SW1 /4) OF SAID SECTION 36; <br />THENCE SOUTH 01 DEGREES 34 MINUTES 27 SECONDS EAST ALONG SAID EAST <br />LINE A DISTANCE OF 40.06 FEET; THENCE SOUTH 47 DEGREES 38 MINUTES 31 <br />SECONDS WEST A DISTANCE OF 1692.11 FEET; THENCE SOUTH 90 DEGREES 00 <br />MINUTES 00 SECONDS WEST A DISTANCE OF 38.39 FEET TO THE POINT OF <br />BEGINNING. SAID TRACT CONTAINS 16.09 ACRES MORE OR LESS OF WHICH 0.59 <br />ACRES IS EXISTING COUNTY ROAD RIGHT OF WAY. <br />'rhe BUYER agrees to purchase the above described Permanent Easement and to pay, therefore, neon the delivery of said executed Permanent <br />Easement. If the OWNER so desires, he /she shall have the right to receive 100% of the final payments due under this contract prior to the BUYER'S <br />use thereof. <br />Approximately .1. 7 ..99........... acres at S .... N/A .............. per acre. $ ........30.,.1.G0...0.0......- <br />Approximately ..... ...... acres at S ............................ per acic. $ ......._ ............. ...... —.... __._. <br />... ............................... __ .... ...._... ................................................................ . ................................ ....... ........................................................ S ....... .................... <br />__ <br />....................................................................................................................................................................................... ............................... $ ............... ............................... <br />Abs, trading ... A11.. wan c. p. .................................................................................................................. ............................... s.... ...............100.00.......... <br />TOTAL s ........30.9.20U.la(i <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 an 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 />If any other party shall hold any encumbrance against the aforementioned property at the time of delivery of the Permanent Easement, such payments <br />as are due under this contract shall be made to the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties <br />holding such encumbrance shall have in writing waived his /her right to receive such payment. <br />Expenses for partial release of mortgages will be paid by the BUYER, if required. <br />This contract shall be binding on both parties as soon as it is executed by both parties hut, should none of the above real estate he required, <br />this contract shall terminate upon the payment of $10.00 by the BUYEIt to the OWNE It. <br />']'his 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 <br />shall constitute but one and the same contract. <br />THIS IS A LEGAL AND BINDING CONTRACT — READ IT. <br />The representative of the BUYER, In presenting this contract has given me a copy and explained all of Its provisions. A complete understanding <br />and explanation has been given of the terminology, phrases, and statements contained In this contyact. It Is understood that no promises, <br />verbal agreements or understanding, except ?as set forth In this contract, will be honored by the BUYER. <br />BUYER OWNER <br />................................ ................ ............... ............................... ............................... <br />