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200010297 Central Platte Natural Resources District RIGHT OF WAY CONTRACT TEMPORARY EASEMENT Project' NO.: 97- 0174.04 Tract NO.: 100 THIS CONTRACT, made and entered into this ....... ................. day of .... C {�� r'- 2000 Jerome Niedfelt byand between .............. ............................... ............. ............................... .................... .. .................................-.......:............................... ............................... Address: ' "C�, �......�V ........ Vlec^e�.......... hereinafter called the OWNER, and ... Central . . .. .. . .... P.latte . . Natural Resources District .................................................................................................................. ........ ....................... 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: 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 NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER (NW CORNER, E1 /2, SE1 /4) OF SECTION 36; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREES 13 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF SAID E1 /2, SE1 /4, A DISTANCE OF 1187.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 21 MINUTES 06 SECONDS EAST A DISTANCE OF 122.39 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 08 SECONDS WEST A DISTANCE OF 332.30 FEET; THENCE SOUTH 63 DEGREES 17 MINUTES 33 SECONDS EAST A DISTANCE OF 79.35 FEET; THENCE NORTH 44 DEGREES 03 MINUTES 39 SECONDS EAST A DISTANCE OF 208.01 FEET; THENCE NORTH 35 DEGREES 07 MINUTES 07 SECONDS EAST A DISTANCE OF 375.74 FEET; THENCE NORTH 63 DEGREES 01 MINUTES 18 SECONDS EAST A DISTANCE OF 80.68 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY #34; THENCE SOUTH 26 DEGREES 58 MINUTES 42 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 21.00 FEET; THENCE SOUTH 63 DEGREES 01 MINUTES 18 MINUTES WEST A DISTANCE OF 75.46 FEET; THENCE SOUTH 35 DEGREES 07 MINUTES 07 SECONDS WEST A DISTANCE OF 372.16 FEET; THENCE SOUTH 44 DEGREES 03 MINUTES 39 SECONDS WEST A DISTANCE OF 420.77 FEET; THENCE SOUTH 07 DEGREES 19 MINUTES 29 MINUTES EAST A DISTANCE OF 221.67 FEET; THENCE SOUTH 49 DEGREES 47 MINUTES 42 SECONDS EAST A DISTANCE OF 219.31 FEET; THENCE SOUTH 25 DEGREES 24 MINUTES 52 SECONDS EAST A DISTANCE OF 146.97 FEET; THENCE NORTH 65 DEGREES 39 MINUTES 35 SECONDS WEST A DISTANCE OF 330.35 FEET TO A POINT ON THE WEST LINE OF SAID E1 /2, SE1 /4; THENCE NORTH 01 DEGREES 13 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 891.12 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 3.01 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 ..3.01 ............... acres at S.......1V /Ei .... per acre ...................... .................... ............... . . . . .. ....... . . . . .. ................................................................................................... ............................... 1 8G6.GG S.. TOTAL S ......J..,.8.0.6.....0-0 ................ 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 shalt constitute but one and the same agreement. This contract 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 that no promises, verbal agreements or understanding, except as set forth In this contract, will be honored by the BUYER. BUYER By Date...........- •--- - .k.... -'...a ,1.1.e. 9 ............................................................... OWNER