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200010300
<br />Central Platte Natural Resources District Project NO.: 97- 0174.04
<br />RIGHT OF WAY CONTRACT
<br />Tract NO.: 200
<br />PERM ENT EASEMENT
<br />THIS CONTRACT, made and entered into this ............. .... ........ day of ................... octcber......... ................... ...................._.. ....... __ 21N111
<br />by and between .................. Frances.:.N.ie.d1.a.11 ..... Life .- .Es.t:. ate..................................................................... ...................._........._ ..
<br />Elizabeth Fa__ lmlen a sinqle person, and Francie Niedfelt, now known „as.. Fr ance...Niedfelt.-: .
<br />�lou, and .Busse l L. Ballou, Ispouse o Francie Nigdfplt Ballou, Grand Island,_ NE ....................
<br />ress : ................................................................................................ ............................... ....... ...............................
<br />....._ ert�.�sn ermer7 ................
<br />hereinafter called the OWNER, and.... Res ourceS ...Dlatrict ................ hereinafter called theBUYfR.
<br />WITNESSETH: In consideration of the payment or payments as specified below, the OWNER herehv acres In execute In the RIuvFA n 1+rrmnn,nt
<br />Easement which will be prepared and furnished by the BUYER, to certain real estate describe(' as fellows:
<br />TRACT 200 E
<br />A PERMANENT FLOWAGE EASEMENT LOCATED IN SECTION 35, 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 SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE
<br />CORNER, SE1 /4) OF SECTION 35, SAID POINT ALSO BEING THE POINT OF
<br />BEGINNING; THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 26
<br />MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID SE1 /4 A DISTANCE
<br />OF 712.96 FEET; THENCE NORTH 11 DEGREES 45 MINUTES 06 SECONDS EAST A
<br />DISTANCE OF 214.26 FEET; THENCE NORTH 49 DEGREES 26 MINUTES 00
<br />SECONDS EAST A DISTANCE OF 185.93 FEET; THENCE NORTH 47 DEGREES 56
<br />MINUTES 33 SECONDS WEST A DISTANCE OF 49.33 FEET; THENCE SOUTH 51
<br />DEGREES 41 MINUTES 08 SECONDS WEST A DISTANCE OF 212.78 FEET; THENCE
<br />SOUTH 63 DEGREES 01 MINUTES 50 SECONDS WEST A DISTANCE OF 323.00
<br />FEET; THENCE SOUTH 10 DEGREES 39 MINUTES 56 SECONDS WEST A DISTANCE
<br />OF 90.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SE1 /4; THENCE
<br />SOUTH 89 DEGREES 26 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF
<br />SAID SE1 /4 A DISTANCE OF 279.50 FEET TO THE SOUTHEAST CORNER OF THE
<br />WEST HALF OF THE SOUTHEAST QUARTER (SE CORNER, W1 /2, SE1 /4); THENCE
<br />CONTINUING SOUTH 89 DEGREES 26 MINUTES 52 SECONDS WEST ALONG SAID
<br />SOUTH LINE A DISTANCE OF 44.02 FEET; THENCE NORTH 15 DEGREES 44
<br />MINUTES 00 SECONDS EAST A DISTANCE OF 308.80 FEET; THENCE NORTH 44
<br />DEGREES 39 MINUTES 33 SECONDS EAST A DISTANCE OF 600.00 FEET; THENCE
<br />NORTH 52 DEGREES 06 MINUTES 38 SECONDS EAST A DISTANCE OF 337.50
<br />FEET; THENCE NORTH 63 DEGREES 01 MINUTES 09 SECONDS EAST A DISTANCE
<br />OF 622.00 FEET TO A POINT ON THE EAST LINE OF SAID SE1 /4; THENCE
<br />SOUTH 01 DEGREES 36 MINUTES 01 SECONDS EAST ALONG THE EAST LINE OF
<br />SAID SE1 /4 A DISTANCE OF 1200.85 FEET TO THE POINT OF BEGINNING.
<br />SAID TRACT CONTAINS 22.64 ACRES MORE OR LESS, OF WHICH 0.90 ACRES IS
<br />EXISTING COUNTY ROAD RIGHT -OF -WAY.
<br />The BUYER agrees to purchase the above described Permanent Easement and to pay, tliereforc, upon 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 _.21.74 acres at S........ N �A
<br />Approximately ............................ acres at S.....................
<br />. ........ i%uz�f .p- ....
<br />......... ....................... -_ ....... __ ................. ...............................
<br />. per acre.
<br />per Heir.
<br />...................
<br />S 32,6GG.00
<br />......................
<br />S.. _ _ ............................
<br />S .... 1-57-60-00,
<br />S....... ...............................
<br />C .50 raft
<br />A.Y.S. t r.a.c. to ng... A1la wanc. e..................... ....................................................................................................... ................ .... ................ .... ................
<br />��a ti
<br />TOTA S-- -65b --- ' ................
<br />V1, 731, Aso. ob
<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 (fie 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 cncurn bra nce, 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 but, should none of the above real estate he required,
<br />this contract shall terminate upon the payuucnl of $10.00 by the BUYER to the OWNER.
<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 contract. It Is understood that no promises,
<br />verl)af agreements or understanding, except; as set forth In this contract, will be honored by the BUYER.
<br />BUYER OWNER f
<br />..... ...................... ......... ....... ;_% ..... �.. ............... aj
<br />By ..... /L;...
<br />// ry7-�
<br />Date......................... ..1....10`...................
<br />Francie Nie=elt,naw
<br />known as Francie
<br />l�ii or�fcl + Rai 7 rnr...........
<br />......... ... ......
<br />. ou, Spouse
<br />Niedfelt Ballow
<br />
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