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..� H c r-, z c = rn CD (l t_n r�' -� m o cn 03 co IP 1^ + �^ CD co OCy EASEMENT "' o KNOW ALL MEN BY THESE PRESENTS, that ADAM D. GRUPE, a single person, hereinafter referred to as "GRANTOR ", for valuable consideration, receipt of which is hereby acknowledged, does hereby give, grant and convey unto the CENTRAL PLATTE NATURAL RESOURCES DISTRICT, a Nebraska Political Subdivision, "GRANTEE ", a perpetual and assignable right and easement in the real estate described as: 45) c� A PORTION OF LOT 5, BLOCK 2 OF PONDEROSA LAKE ESTATES FOURTH SUBDIVISION, CITY OF GRAND ISLAND, ALL IN SECTION 36, TOWNSHIP 11 NORTH, RANGE 10 WEST, OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 2, PONDEROSA LAKE ESTATES FOURTH SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N 02 °08'31" E ALONG THE WEST LINE OF SAID LOT 5 A DISTANCE OF 35.03 FEET; THENCE N 82 °30'21" E A DISTANCE OF 13 5.5 8 FEET; THENCE N 56 009'48" E A DISTANCE OF 45.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 5; THENCE S 34 °28'58" E ALONG SAID EASTERLY LINE A DISTANCE OF 76.63 FEET TO A POINT BEING THE SOUTHEAST CORNER OF SAID LOT 5; THENCE S 86 °08'37" W ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 216.99 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS .20 ACRES MORE OR LESS, to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; SUBJECT, however, to existing easements for public roads and highways, public utilities, railroads and pipelines, situated upon that real estate hereinabove described; RESERVING, however, unto Grantor, his heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easement hereby conveyed WITH GRANTOR FURTHER acknowledging that use of the real estate described above and the parcel of which it is a part shall be subject to perpetual restriction such that there shall be no excavation, trees, shrubs or other deep rooted vegetation, permitted within FiR=�feet o ft e base /� the levee on or adjacent to the real estate herein described. To have and to hold the same unto the said GRANTEE, its successors and assigns as appurtenant to the land and every part thereof, and GRANTOR hereby dedicates his interests in said real estate to the use of the GRANTEE. This easement is perpetual and shall run with the land. The GRANTOR does hereby covenant with the GRANTEE that he is lawfully seised and possessed of the real estate described herein; that he has a good and lawful right to convey it; that it is free from encumbrance; and that he will forever warrant and defend the title thereto against the lawful claims of all persons whomsoever. Dated this day of � , 2005. Adam D. Grupe