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200010295 Central Platte Natural Resources District RIGHT OF WAY CONTRACT Project' NO.: 97- 0174.04 Tract NO.: 302 TEMPORARY EASEMENT THIS CONTRACT, made and entered into this .......... �7........ day of .... N„ %A--.[1 :..... ............................... Werner Construction Company byand between ........................................................................................................................................................................ ............................... 20(H) Address: -Z& h f S N Yo 3 C n ral Platte Natural Resources District hereinaftercalled the OWNER, and ..................................................................................................................................• ----........................... hereinafter called the BUYER. WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby grants to the BIJYER3a Temporary Easement, for construction purposes, to certain real estate described as follows: TRACT 302E A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (NW CORNER, SW1 /4) OF SECTION 34, THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 52 MINUTES 55 SECONDS EAST ALONG THE WEST LINE OF SAID SW1 /4 A DISTANCE OF 551.79 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 57 SECONDS EAST A DISTANCE OF 161.51 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH LOCUST STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 33 MINUTES 11 SECONDS EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 31.90 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 57 SECONDS EAST A DISTANCE OF 753.98 FEET; THENCE SOUTH. 44 DEGREES 58 MINUTES 25 SECONDS WEST A DISTANCE OF 137.84 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 79.68 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 400.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 99.44 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 57 SECONDS WEST A DISTANCE OF 297.33 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH LOCUST STREET; THENCE NORTH 06 DEGREES 07 MINUTES 40 SECONDS EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 83.41 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2.33 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. 2.33 N/A 1,40n,nn A PP romtel Y ........... acres at S............... per acre,......................................................... ............................... S ................. ............................... Irrigation namage, Lump hum 2. 200.nn ............................................................................................................................... ............................... ...... s ............. ...--- ...........— ............. TOTAL $ .... ............................... It is understood that the easement area may be used for the temporary relocation of utilities during the construct' yy jett'+�w p.e The above payments shall cover all damages caused by the establishment and construction of the above pr any, which will be paid for in the amount based on the yield from the balance of the field less expenses of markets ig an shall mean damage to such crops as are required to be planted annually and which were planted at the time oft t o t n w ir.14 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 cuntract shall 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 thjt - "o-prsMIses, verbal agreements or understanding, except as set forth In this contract, will be honored by the BUYER. �. .. A A A T !1 M A i\ OWNER WERNER CONSTRUCTION LLC SY ... Id.. .... C.- ...ENT-ERE1Z SES. ...I.NC ...... MEMBER ... 1�11��1AER TS P IDEN ............ .... . .......... . ... ................. ....... ............... ..............................................