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- No. 2,-Dec 71 02723.039 WARRAN TY DEED (INDI VIDUAL-2 Pore) <br />8~ --~fl t1 Q 4 2 3 <br />Project: F-2-4(103j- APE: R-491 Tract: 24 Revised <br />ANt? ALSOi <br />FOR' THE PLIRPOSE.OF THIS INSTRUMENT, THE f0 VEHICLE MOVEMENTS FER HOUR <br />WILL BE MEASURED AND DETERMINED FY THE FOLLOWING PROCEDURE: UPON-ITS <br />' QWN AETEkMINATION OF< WHENEVER TRAFFIC CONGESTPDN OCCURS- AT A <br />RESTRiCTEU ACCESS, THE DEPARTMENT MAY MAKE A TRAFFIC COUNT, SUCH COUFIT <br />TO"FE FOk A MINIMUM 8-HOUR F'EkIDD DURING THE HOURS OF 7 AM TO g AM, ip <br />AM i0 f PM, 3 PM TO b F'M, AND, IN ADDITION, FOR-ANY' OTIdEk PEAK HOURS <br />PECULIAR TD THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL FE DETERMINED <br />FY BIViDING THE TOTAL NUMf+Ek OF VEHICLE MOVEMENTS RECOF:DED DURING THE <br />TIME `P'ERIODS FY THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT <br />ANY OF THE PEAK I-lOUk VEHICLE COUNTS EXCEEDS TI1E AVERAGE FY A FA£TOk OF <br />t.5, THE HIGHER FIGURE MAY FE USED TO DETERMINE THE~NUMFER OF VEHICLE <br />MOVEMENTS FOR THE ACCESS POINT.- <br />. PROVIDED THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR <br />HIS SUCCESSDFiS IN TITLE FAIL RND REFUSE TO KEEP OR PERFORM THE <br />F'RDVISIONS"LIMITING TRAFFIC IN SUCH ACGESS-TO f0 VEHIGLE MOVEMENTS F'ER <br />HOUk, FY EXCEEDING THIS AMOUNT ON FIVE 'OR MOkE SEPARATE OCCASIONS <br />WITHIN A CONTINUOUS THREE-MONTH' PERIOD, HE, OR HIS SUCCESSORS IN <br />TITLE, WILL FE CONSIDERED IN VIOLATION OF.Tf-1E TERMS OF THIS INSTRUMENT <br />AND SUFJECT TO APPROPRIATE PROCEEDINGS AT LAW OR IN E4~UITY FOR ITS <br />ENFOkCEMENT. <br />SAID GRANTOR DOES HEREFY RETAIN AND kESE~iYE TO SAID GRANTOR AND TO <br />HIS, H£R OR THEIR HEIRS, SUCCESSORS AND ASSIGNS ALL FIGHTS TO OIL AND <br />GAS MINERALS, IN OR ON THE AFOVE DESCRIFED-REAL F'F20PERTY, SAID GRANTOR <br />ANDtOk HIS, HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS SHALL HAVE NO <br />R1Gi-iT TO tNTER OR iiSE Tri'c a"uRFACc OF SAID HEAL °kOPERTY FOP. AuY <br />PURPOSE CONCERNING SAID OIL AND GAS MINERAL RIGHTS, NOR SHALL SAID <br />GRANTOR ANDFDR HIS, IiER Ofi THEIR FIEIRS, SUCCESSORS-AND ASSIGNS IN <br />EXTRACTING SAID OIL AND GAS MINERALS FROM SAID REAL PROFERI'Y, DAMAGE <br />OR IN ANY WAY IMPAIR THE USE OF SAID REAL F'ROFERTY. <br />Page 2 of 2 <br />TO HAVE A,1'D TO HOLD the premises above described, together udth all the Terrements, N. ereditaments and <br />,9ppurteaanees_ tkereunta belonging, unto 1'he State of ,itebraska and to its successors and assigns jarever. <br />~nd,s4e Grantor does hereby covenant witk -The State oj;Vebraska and with !ts successors and. assigns that the <br />4iantar is laitrjull~ seised of said premises; that they are (ree from encumbrance; that the (:raptor has goad right <br />aa~ lau:julaurhertty to sell the same; and the Grantor does hereby covenant to ruarrant and dejersd the Ntle to sold <br />-- ure~gpaeg tarai~st-th.olaar(ul-claims of all persaas whomsoever ~z <br />Sipped tkia.... cx"„L~~~slay oj.__ !~ltt,.::_ .............__3.1J.1 fl..CJ..-~ <br />"' <br />,~ r <br />., <br />r. <br />i~CR-A.a+tai+aelB.3~„<troewi - ~•err <br />