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WARRANTY DEED FOR THE CONTROL OF INGRESS AND EGRESS (Page 1) PROTECT: F- 30- 4(123) TRACT; 1 KNOW ALL MEN BY THESE PRESENTS: THAT A"4-w 10. 41-'1101wn !' 4",w .0 .r/. % /ir+sn� r�'""V) hereinafter known an the Granter, whether one or more, for and in consideration of the sum of TWENTY FIVE AND NQ /100 -- ($25.00) -- DOLLARS in hand paid do hereby grant, bargain, sell, convey and confirm unto THE STATE OF NEBRASKA, DEPARTMENT OF ROADS, all rights of ingress and egress from and to all Public Right -of -Way over or across a lane bounding said Public Right -of -Way and further known as: THERE WILL BE NO INGRESS OR EGRESS OVER THE FOLLOWING DESCRIBED CONTROLLED ACCESS LINE LOCATED IN LOTS 1 AND 2, HILLMAN SUBDIVISION, BEING PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA: REFERRING 'TO THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY A DISTANCE OF 1262.10 FEET ALONG THE EAST LINE OF SAID QUARTER SECTION TO A POINT ON THE SOUTHERLY EXISTING HIGHWAY RIGHT OF WAY LINE; THENCE SOUTHWESTERLY DEFLECTING 116 DEGREES, 00 MINUTES, 40 SECONDS LEFT, A DISTANCE OF 457.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTHWESTERLY DEFLECTING 000 DEGREES, 00 MINUTES, 00 SECONDS A DISTANCE OF 177.00 FEET ALONG SAID LINE TO THE POINT OF TERMINATION; EXCEPT, OVER ONE CONDITIONAL RESTRICTED ACCESS(ES). SUCH ACCESS IS TO BE PERMITTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WIDTH, AND ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 VEHICLE MOVEMENTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ROADS IN ACCORDANCE WITH THE PROCEDURES INDICATED BELOW. THE CENTERLINES) OF THE ACCESS(ES) (IS, ARE) LOCATED SOUTHWESTERLY 605.50 FEET FROM THE EAST LINE OF SAID QUARTER SECTION AS MEASURED ALONG THE CENTERLINE OF THE HIGHWAY. FOR THE PURPOSE OF THIS INSTRUMENT, THE 10 VEHICLE MOVEMENTS PER HOUR WILL BE MEASURED AND DETERMINED BY THE FOLLOWING PROCEDURE: UPON ITS OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURS AT A RESTRICTED ACCESS, THE DEPARTMENT MAY MAKE A TRAFFIC COUNT, SUCH COUNT TO BE FOR A MINIMUM S -HOUR PERIOD DURING THE HOURS OF 7 AM TO 9 AM, 10 All TO 1 PM, 3 PM TO 6 PM, AND, IN ADDITION, FOR ANY OTHER PEAK HOURS PECULIAR TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED BY DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED DURING THE TIME PERIODS BY THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT ANY OF THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE BY A FACTOR OF 1.5, THE HIGHER FIGURE MAY BE USED TO DETERMINE THE NUMBER OF VEHICLE YArA ENTS FOR THE ACCESS POINT. PROVIDED THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR NIS SUCCESSORS IN TITLE FAIL AND REFUSE TO KEEP OR PERFORM THE PROVISIONS LIMITING TRAFFIC IN SUCH ACCESS TO 10 VEHICLE MOVEMENTS PER , BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS WITHIN A CONTINUOUS THREE -MONTH PERIOD, HE, OR HIS SUCCESSORS IN TITLE, WILL BE CONSIDERED IN VIOLATION OF THE TERMS OF THIS INSTRUMENT AND SUBJECT TO APPROPRIATE PROCEEDINGS AT LAW OR IN EQUITY FOR ITS In in