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200203846 NON - CONTINUOUS EASEMENT AGREEMENT This NON - CONTINUOUS EASEMENT AGREEMENT is entered into as of the 94-k day of rK g.,r C,\ , 2002, by and between the Game & Parks Commission, (hereinafter "the Commission "), and the Department of Health and Human Services Regulation & Licensure (hereinafter the "Department "). RECITALS I. The Commission is the owner in fee simple of certain property which is the subject of this easement. The Commission desires to convey and Department desires to accept a non - continuous easement to construct water wells on test sites'on that portion of the Property legally described as: The extreme South side of SE SE Sec. 29, TI IN, R1 OW Hall County, Nebraska II. The Department is authorized to accept and hold this non - continuous easement under the terms of this Agreement and the power of said Commission to grant easements. III. This Agreement will be filed with the Hall County Recorder, within 10 days of the signing of said Agreement. Filing is the responsibility of the Department of Health & Human Services Regulation & Licensure. IV. NOW THEREFORE, in consideration of the mutual value to the Commission and the Department to determine construction standards, pursuant to the Water Well Standards and Contractors' Licensing Act, Article12 §46 -1201 to §46 -1241 of water well construction on these sites, the Commission and Department agree as follows: 1. Grant of Non - Continuous Easement. The Commission hereby creates, establishes, grants, and conveys to the Department for its benefit and the benefit of the public, a non - continuous easement over the easement area, for a period of three (3) consecutive years, following the signing of said Agreement. A. The following uses and practices, although not an exhaustive recital of this non - continuous easement, shall be prohibited within the Easement area: