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200202822 project' N O.: 97- 0174.04 Central Platte Natural Resources District RIGHT OF WAY CONTRACT Tract NO.: 7nn TEMPORARY EASEMENT THIS CONTRACT, made and entered into this .............]t.,. M..-... day of ................... ............................ ............................... 2114, by and between _ ......... R_ichard_.,C.and, Ermagene7? HiserHusbacfdemd_.E. fe-- ------ -- ---- - - -- -- ......... ...... _ ...... - ...... ........_ ................... ...----- ..- ...................................... _ .................................... _......._.....-.--...................... .......................... ...... - -- ..... ........._..................... Address; ............. _._ ...... _ .............. _.._ ........................... _ .......... ................................................................_.........................................................................._._....... .............................., hereinafter called the OWNER, and Ce ntTel Platte tiatllLal Re.sOUrees Di5tL1cC hereinafter called the BUYER. WITNESSETH: In consideration of the payment or pavmcnts as specified below, the OWN17R hereby grants to the BUYER a Temporary Easement. for construction purposes, to certain real estate described as follows: DESCRIPTION (TRACT 700E) A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 2, TOWNSHIP 10 NORTH, RANGE 10 WEST, OF THE 6TH P.M., ILALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW CORNER, NW 1/4, NW 1 /4) OF SECTION 2; THENCE ON AN ASSUMED BEARING OF S 00046'00" E ALONG THE WEST LINE OF SAID NW I /4, NW 1/4 A DISTANCE OF 440.97 FEET TO THE POINT OF BEGINNING; THENCE N 89 °14'00" E A DISTANCE OF 43.00 FEET; THENCE S 00 °46'00" E ON A LINE PARALLEL TO THE WEST LINE OF SAID NW 1/4, NW 1/4 A DISTANCE OF 87.68 FEET; THENCE S 89 °14'00" W A DISTANCE OF 43.00 FEET TO A POINT ON THE WEST LINE OF SAID NW 1/4, N W I/4; THENCE N 00 04600" W ALONG THE WEST LINE OF SAID NW 1/4, NW I/4 A DISTANCE OF 87.68 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.09 ACRES MORE OR LESS OF WHICH 0.07 ACRES IS EXISTING COUNTY ROAD RIGHT OF WAY. It is agreed and understood that the BUYER is hereby granted all immediate right of entry upon the premises described above. Ile BUYER agrees to pay for the use of llte above described rcsl estate as specified below. If the OWNER so desires, he/she shall have the right to receive 100% of tile payments due under this contract prior to the BUYER'S use thereof. Approximately ----- !). z.......... acres at S ..... N A ............. per acre......................................................... ............................... s ....... _..........._7S.nn TOTAL $ ..................... ?54690 ................ 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 ally, 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 titan 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 shall constitute but one and the same, agreement. This contract shall terminate upon completion and acceptance of :he above project by Lite 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 OWNER By................... ... ._ ............... ................................... . _ ...................__......... Date.............. _ ........... _ ................. _ ............. ...... _ ........... ..._..-. .._..............._.__.... -.... ........_....... .... ..._.. ._..._,..._ \. (......_......_.........._.