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200202820 Project NO.: 97- 0174.04 Central Platte Natural Resources District Tract NO.: 602 RIGHT OF WAY CONTRACT TEMPORARY EASEMENT THISCONTRACT, made and entered into this . ......................:........ day of ............................................................................. ........ . ..... ...... .,................. 71NNI by and between:._...._..�..john R. Rathman and Dana C. Retltlran Address: ............. ..... __..._»... ........................... ....... _ ... ......................................................_........_.__................................................................................... ... ................ . ..... _..... hereinafter called the OWNER, and Central Platte IvetllLal ReBOUiteB U18CLiCt hereinafter called the BUYER. WITNESSETII: ht consideration of the payment or pevmenla as specified) below, the OWNER hereby grants to ilia IIIIYElt a 'Temporary F.nsernent, for construction purposes, to certain real estate describal as follows: TRACT 602E -2 A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN SECTION 1, TOWNSHIP 10 NORTH, RANGE 10 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 3 ISLAND OF SAID SECTION 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S 01012'13" E ALONG THE EAST LINE OF SAID LOT 3 ISLAND A DISTANCE OF 110.56 FEET; THENCE S 89 026'03" W A DISTANCE OF 1233.21 FEET TO A POINT ON THE MEDIAN LINE BETWEEN THE PROPORTIONED LEFT BANK MEANDER LINE (BENJAMIN SURVEY, 1968) AND THE PROPORTIONED RIGHT BANK MEANDER LINE (ORIGINAL GOVT. SURVEY, 1867); THENCE N 32 015'48" E ALONG SAID MEDIAN LINE A DISTANCE OF 94.29 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3 ISLAND; THENCE N 87054'53" E ALONG SAID NORTH LINE A DISTANCE OF 1181.28 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2.62 ACRES MORE OR LESS. h is agreed and understood that the BUYER is hereby granted an immediate right of entry upon ilia premises described above. 'the BUYER agrees to pay for the we of the above described rest estate as specified below. If the OWNER so desires, he /she stall have the right to receive 100% of the payments due under this contras prior to the BUYERS use thereof. Approximately ......... acres at S.... ELL ........... per store ,. ...... _ ................ 5.......1x572.00 TOTAL S.- .- ..- .r'- r.- ...'.'..' n'._•__._...�R� It is understood that the easement area may be used for the temporary relocation of utilities during the construction of the project. y7e29.a2D The above payments shall cover all damages cawed by the establishment and construction of the above project except for CROP DAMAGE, if any. which will be paid for in the amount based on the yield from the balance of the field teas 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 cue shall damages be paid for more than one years crop. The OWNER agrees to make a reasonable attempt to harvest any crop so u 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 casement should not he required, this contract shall terminate upon the payment of $10.00 by the BUYER to the OWNER. This contract may he executed in more than one copy, each copy of which, however, shall serve an sit original for all purposes, but all copies shall constitute but one and the urn"greenrent. This contract shall tcrmlna.e upon wmpletiou and scucplance of the wouvu ptojcet by ilia 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 ... ... ................ _ W._._..._........___••_•___......_.__._._ ...__..___........_........._._ ......__.._._...' . ».. ................. ............ ....... ... _- _._.....: Date ............. 4 .._._..._...: WI7 ...r`:' «• .._..........