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202405681
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Last modified
11/8/2024 2:36:37 PM
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11/8/2024 2:36:36 PM
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DEEDS
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202405681
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202405681 <br />COVENANT OF DEDICATION <br />Betty Rennau now stipulates to the following statements of fact, and further agrees to restrict the use and title <br />of the realty described in Attachment #1 to this document (hereinafter referred to as the "Land") in accordance <br />with the terms and conditions set forth herein. <br />STIPULATIONS OF FACT <br />1. That Betty Rennau is the applicant for Department of the Army (DA) permit number NWO-2010-02670- <br />KEA to place fill material in wetlands adjacent to the North Channel Platte River located in the SE'/. of <br />Section 18, Township 10 North, Range 10 West, Hall County, Nebraska; and that the US Army Corps of <br />Engineers has regulatory jurisdiction over the discharge of dredged or fill material into wetlands adjacent to <br />the North Channel Platte River pursuant to Section 404 of the Clean Water Act (33 USC 1433). <br />2. That Betty Rennau is the owner in fee of the real estate described in Attachment #1. <br />3. That Betty Rennau and the Omaha District of the US Army Corps of Engineers have reached an agreement <br />whereby Betty Rennau will be permitted to discharge fill material in wetlands adjacent to the. North Channel <br />Platte River in accordance with the terms and conditions of DA permit number NWO-2010-02670-KEA; and <br />that in consideration for said discharge of fill material in the wetlands adjacent to the North Channel Platte <br />River, Betty Rennau will provide mitigation for the adverse environmental effects resulting from the <br />placement of fill material in wetlands adjacent to the North Channel Platte River by dedicating the realty <br />described in Attachment #1 for perpetual use as a conservancy area in accordance with the terms and conditions <br />of this document and the above -mentioned permit. <br />4. That the above -mentioned dedication shall consist of the execution of this document by all parties necessary <br />to restrict the use and title of the land described in Attachment #1; and that this document shall be recorded in <br />the Office of the Register of Deeds for Hall County, Nebraska. <br />5. That upon receipt of a certified copy of this document, as recorded in the Office of the Register of Deeds for <br />Hall County, Nebraska, the District Engineer of the Omaha District of the US Army Corps of Engineers will <br />issue a validated permit, NWO-2010-02670-KEA to Betty Rennau; and that said permit shall be issued in <br />consideration for the execution of this Covenant. <br />6. That the terms and conditions of this Covenant of Dedication shall, as of the date of execution of this <br />document, bind Betty Rennau to the extent of his legal &/or equitable interest in the land described in <br />Attachment #1; and that this Covenant shall run with the land and be binding on Betty Rennau and her <br />successors and assigns forever. <br />7. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in any <br />transfer, conveyance or encumbrance of the land described in Attachment #1 or any part thereof, and that any <br />instrument of transfer, conveyance or encumbrance affecting all or any part of the land shall set forth the terms <br />and conditions of this document either by reference top this document or set forth in full text. <br />
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