|
2000106A0
<br />PERPETUAL AND PERMANENT EASEMENT IOR FLOWAGE
<br />HAROLD L. HANSSEN and BONNIE L. HANSSEN, husband and
<br />wife; WILLIS J. HANSSEN and SHARON M. HANSSEN, husband and wife;
<br />NORMAN W. HANSSEN and THELMA L. HANSSEN, husband and wife; WILLIS
<br />J. HANSSEN, Trustee of the Hanssen Family Revocable Living Trust
<br />created by the Revocable Living Trust Agreement dated March 6,
<br />1991; NORMAN W. HANSSEN, as Trustee of the Norman W. Hanssen
<br />Revocable Trust, or any duly qualified successor Trustee thereof,
<br />pursuant to a written Trust Agreement dated November 5, 1999,
<br />hereinafter known as Grantor, whether one or more, for and in
<br />consideration of ONE and No /100 DOLLAR ($1.00) and other good and
<br />valuable consideration, in hand paid, do herewith and hereby grant
<br />and convey to CENTRAL PLATTE NATURAL RESOURCES DISTRICT, a
<br />political subdivision, hereinafter known as Grantee, and to its
<br />successors and assigns, a perpetual and assignable right and
<br />easement in the land described below for the perpetual right,
<br />power, privilege and easement to overflow, flood and submerge the
<br />land described below and for Grantee, through its officers, agents,
<br />employees, representatives, contractors, successors and assigns by,
<br />with and through such projects, channels, drains, floodways,
<br />structures and conveyances necessary and appropriate to the
<br />purposes of this easement to direct, channel, convey, drain,
<br />impede, retard, impound and increase the flow of water on, over,
<br />across, through and from such real estate at and beyond the natural
<br />conditions of such flow at all times including specifically, but
<br />without limitation, at times of flooding. In addition, Grantee
<br />shall have the right to convey through the land to which this
<br />easement attaches such water in connection with the operation and
<br />maintenance of the Lower Wood River /Upper Warm Slough Flood Control
<br />Project. The easement herein described shall include the flowage
<br />and drainage of water coming from land other than that in which the
<br />easement is situated and said flowage easement shall include, but
<br />not be limited to, the waters draining the Wood River, Warm Slough
<br />and Platte River drainage basins. This easement includes the right
<br />of ingress and egress over, across and through the property to
<br />which this easement attaches for the purpose of construction and
<br />maintenance of the easement as required from time to time to
<br />realize and obtain the full benefits of this easement. All rights
<br />of ingress and egress and construction and maintenance granted
<br />hereunder shall be exercised to avoid unreasonable interference
<br />with the use of the property by the owners thereof and their
<br />lessees and assigns. Grantors and Grantee agree that no structures
<br />for human habitation shall be constructed or maintained on the land
<br />described below and Grantors agree that no other structures shall
<br />be constructed or maintained on the land except as may be approved
<br />in writing by the representative of the Grantee in change of the
<br />above - described project. Neither the Grantors nor their heirs,
<br />successors and assigns shall conduct any activity upon the land to
<br />which this easement attaches which will interfere with or impair
<br />
|