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200009047 <br />Project' NO.: 97- 0174.04 <br />Central Platte Natural Resources District <br />RIGHT OF WAY CONTRACT Tract NO.: 101 <br />%` <br />TEMPORARY EASEMENT <br />THIS CONTRACT, made and entered into this ...I& .................. da- of . 1^! ! .( .................................... ..............................I 21NN1 <br />by and between <br />Address: ..... ?.1CZ?.1.....1T.....fZI J..11fi'1._.....1!J ..'.l!17iCL�.�....... f�!1fJ............ .. !IR...........'.7 . G7 '• -. a .......... ............................... <br />Central Pla to lvatura Resources District <br />hereinafter called the OWNER, 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 101E <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 <br />MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE WEST QUARTER CORNER (W1 /4 CORNER) OF SECTION 36; <br />THENCE ON AN ASSUMED BEARING OF NORTH 88 DEGREES 53 MINUTES 53 <br />SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1 /4) OF <br />SAID SECTION 36 A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; <br />THENCE NORTH 05 DEGREES 03 MINUTES 37 SECONDS WEST A DISTANCE OF <br />164.99 FEET; THENCE NORTH 01 DEGREES 35 MINUTES 34 SECONDS WEST A <br />DISTANCE OF 204.26 FEET; THENCE SOUTH 20 DEGREES 06 MINUTES 55 <br />SECONDS EAST A DISTANCE OF 279.48 FEET; THENCE SOUTH 03 DEGREES 12 <br />MINUTES 44 SECONDS EAST A DISTANCE OF 104.69 FEET TO A POINT ON THE <br />SOUTH LINE OF SAID NW1 /4; THENCE SOUTH 88 DEGREES 53 MINUTES 53 <br />SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 81.75 FEET TO THE <br />POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.47 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 shall have the <br />right to receive 100% of the payments due under this contract prior to the BUYER'S use thereof. <br />Approximately G . 4 7 acres at 5......... -A er acre,.... S .............. 3C1G .. GG . <br />PPy .................... ....... p <br />- - - - - -------------- - - - - -- - ------- ---- .................................... ..................................................... 5 ................................................ <br />TOTAL s .............. 300.,.GG................ <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 harvist any crop so as to mitigate the crop damage. <br />This contract shall be binding oo both parties as soon as it is executed by both parties but, if said temporary easement should not be required, <br />this contract shall terminate upon the tayment of $10.00 by the BUYER to the OWNER. <br />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 <br />shall constitute but one and the same, agreement. <br />This contract shall terminate upon cornpletiuu and accepiance of the above project by the BUYER. <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 <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 OW R <br />By................................................................................................. ............................... ............ ...... ............................... <br />Date............................................................................................. ..................... .......... <br />