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202502484
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Last modified
5/9/2025 12:28:10 PM
Creation date
5/9/2025 12:27:48 PM
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DEEDS
Inst Number
202502484
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202502484 <br />interests in land as more particularly described in the Complaint in Condemnation and the <br />Declaration of Taking filed in the District Court of Nebraska. <br />TO HAVE AND TO HOLD, said lands and interests in lands unto the State of Nebraska, and <br />its successors and assigns forever, subject, however, to the covenants, conditions, restrictions and <br />reservations herein contained as follows, which will remain in effect for the period during which <br />the real property or structures are used for a purpose for which Federal financial assistance is <br />extended or for another purpose involving the provision of similar services or benefits and shall <br />be binding on the State, its successors and assigns. <br />The State, in consideration of the conveyance of said lands and interests in land, does hereby <br />covenant and agree for itself, its successors and assigns (1) that no members of the traveling <br />public and business users of the federally -assisted highway shall, on the grounds of race, color, <br />or national origin, be excluded from participation in, be denied the benefits of, or be otherwise <br />subjected to discrimination in their access to, and use of said highway or their access to and use <br />of the facilities and services provided for public accommodations (such as eating, sleeping, rest, <br />recreation, and vehicle servicing) constructed on, over, or under the right-of-way of the highway <br />constructed upon the land hereby conveyed, (2) that the State shall use the lands and interests in <br />lands so conveyed, in compliance with all other environmental mitigation requirements imposed <br />by or pursuant to federal environmental statutes and regulations and as said regulations may be <br />amended, (3) that the State shall fully comply with specific environmental mitigation terms <br />outlined below, and (4) that in the event of breach of any of said statutes, regulations or below - <br />mentioned conditions, the Department shall have the right to re-enter said land and facilities, and <br />the above -described premises shall thereupon revert to and vest in and become the absolute <br />property of the United States and its assigns. <br />Environmental mitigation requirements for this property will consist of: <br />1) a wetland mitigation plan; <br />2) a tree planting and landscaping scheme; <br />3) construction and maintenance schedules must avoid bird migration and nesting <br />periods; <br />4) erosion and sedimentation control measures; <br />5) minimizing light disturbance of sandhill crane (and potentially whooping crane) roost <br />sites on the Platte River through use of light diffusing structures (earth berm, fence, or <br />landscape screening with evergreen species) where appropriate; <br />6) use of low -mast interchange lighting which will minimize illumination beyond the <br />roadway right-of-way; <br />7) NGPC shall establish and preserve in perpetuity a conservation overlay zone <br />restricting development in a designated protective buffer around the main channel of <br />the Platte River for the purpose of minimizing potential adverse environmental <br />impact on sandhill cranes and whooping cranes. <br />8) NGPC shall not develop this tract of land with the exception of a recreational trail for <br />public use. <br />A "recreational trail" means a thoroughfare across land or water, used for recreational <br />purposes such as: a) pedestrian activities (walkers, joggers, runners, and skaters), <br />2 <br />
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