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200202823 ProjectNO.:97- 0174.04 <br />Central Platte Natural Resources District f�04 <br />RIGHT OF WAY CONTRACT Tract NO.: <br />TEMPORARY EASEMENT <br />THIS CONTRACT, made and entered into this........ /. ....... day of .../111Q Y ........................................................... ............................... 24L <br />by and between .............. _. . ho-:asPt�Wns u.. s,. St.... �- '.h�A.b�....1..!.� @'�!'!.`,7.. ....................... <br />.... ...._......_ ................... _ ................ ............................................................... ............................... <br />Address; ............ _ ........ _..I ..................... _ ............................................................... ......... ...... ...... ........................................ .............................................................................................. <br />, <br />entral Platte Natural Resources District <br />hereinafter Called the OWNER, and ...C................................................................................................................................ ............................... hereinafter called lire BUYER. <br />WITNESSETII: In consideration of tlm payment or Payment as specified below, the OWNER hereby grants to II¢ BUYER a Temporary Essemenl, <br />for construction purpose, to certain real estate described as fellows: <br />TRACT 604E -3 <br />A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 1, TOWNSHIP 10 <br />NORTH, RANGE 10 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE <br />NORTHWEST QUARTER (NWI /4, NWl /4) OF SECTION 1, SAID POINT ALSO BEING THE <br />POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N 00 049'25" W ALONG THE <br />WEST LINE OF SAID NWI /4, NW1 /4 A DISTANCE OF 138.79 FEET; THENCE N 89°10'35" E AND <br />PERPINDICULAR TO SAID WEST LINE A DISTANCE OF 33.00 FEET; THENCE S 74040'23" E A <br />DISTANCE OF 329.79 FEET TO A POINT ON THE EAST PROPERTY LINE OF A TRACT OF <br />LAND FILED AS EXHIBIT "A" OF DOCUMENT NO. 96- 105980, FILED AUGUST 2,1996; THENCE <br />S 00 049'29" E ALONG SAID EAST PROPERTY LINE A DISTANCE OF 58.05 FEET; THENCE N <br />82°21'23" W A DISTANCE OF 196.81 FEET; THENCE S 78 °13'46" W A DISTANCE OF 94.50 FEET <br />TO A POINT ON THE SOUTH LINE OF SAID NWl /4, NWl /4; THENCE S 89 °08'12" W ALONG <br />SAID SOUTH LINE A DISTANCE OF 62.31 FEET TO THE POINT OF BEGINNING. SAID <br />EASEMENT CONTAINS 0.75 ACRES MORE OR LESS OF WHICH 0.10 ACRES IS EXISTING <br />COUNTY ROAD RIGHT OF WAY. <br />It is agreed and understood that the BUYER is hereby granted on immediate right of entry upon the premise described above. <br />The BUYER agrees to pay for llm use of the above described real estate as specified below. If the OWNER so desires, he /she shall have the <br />right to receive 100% of the payments due under this contract prior to the BUYERS use thereof. <br />0.65 N fA 300.00 <br />Approximately............................ acres at 5..........:................ per acre ... ......... .......... .......... ............................. .I........................ $.................. :.............................. <br />TOTAL S ........... 390..-.0.0 <br />................ <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 payment, shall cover all damages caused by the establishrnenl and construction of the above project except for CROP DAMAGE, if <br />any, which will be paid for in the amount based on the yield from the balance of the field leas expense, 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 the 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 yeari crop. The OWNER agrees <br />to make a reasonable attempt to harvast any crop sou to mitigate the crop damage. <br />This contract shall be binding on both parties as soon as it is executed by both parties but, if mid temporary easement should not be required, <br />this contract shall terminate upon the payment of $10.00 by the BUYER to the OWNER. <br />This contract may be executed in more than one copy, each copy of which, however, shell serve as &it original for all purposes, but all copies <br />shall constitute but one and the santeagrcemmnt. <br />This eontracs shall tarndnstm upon Completion stud wvxytance of the abovu lu oject by the BUYER. <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 <br />understanding and explanation has been given of the terminology, phrases, and statements contained In this contract. It Is understood <br />that no promises, verbal agreements or understanding, except as set forth In this contract, will be honored by the BUYER. <br />BUYER <br />By <br />Date <br />