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r Project: ~PF-34-4(102) APE: R-343 Hall County Tract: 24 ~~-~~i~~9~5 CONDEM`1ATT6N OWNER: Ray W. and Audrey E. Hongsermeier, N & iJ, J.T. PROJECT DPP-34-4(102 ) TRACT 24 FEE SIMPLE TITLE TO A "TRACT OF LANIr AND ALL IMPROVEMENTS THEREON, IF ANYr FOR HIGHWAY FIGHT OF WAY PURPOSES LOCATED IN THE PlORTH HALF OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN. HALL COUNTY, NEBRASKA. AS ILLUSTRATED ON THE ATTAGIED FLAT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EASTERLY A DISTANCE OF 529.60 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION TO A POINT ON THE NORTHEASTERLY HIGHWAY 34 RIGHT OF WAY LINE; THENCE EASTERLY ON A 1086.74 FOOT RADIUS CURVE TO THE RIGHT, DEFLECTION TO THE INITIAL TANGENT BEING 016 DEGREES, 31 MINUTES RIGHT. A DISTANCE OF 1132.28 FEET, SUBTENDING A CENTRAL ANGLE OF 059 DEGREESr 42 MINUTES ALONG SAID RIGHT OF WAY LINEi THENCE SOUTHERLY DEFLECTING 000 DEGREES. 00 MINUTES A DISTANCE OF 445.63 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTHERLY ON A 1964.86 FOOT RADIUS CURVE TO THE RIGHT. DEFLECTION TO THE INITIAL TANGENT BEING 005 LtEGREES, 52 MINUTES LEFT. A DISTANCE OF 112.75 FEET, SUBTENDING A CENTRAL ANGLE OF 003! DEGREES, 27 MINUTES TO A POINT ON THE SOUTH LINE OF THE PROPERTY OWNED: BY THE CONDEMNEEtS)i THENCE WESTERLY DEFLECTING 107 DEGREES, 22 KINUTES RIGHT, A DISTANCE OF 141.9 FEET ALONG SAID LINE; THENCE NORTHERLY ON A 1834.86 F007 RADIUS CURVE TO THE LEFT, DEFLECTION 1D THE INITIAL TANGENT BEI~lG 071 DEGREES. 19 MINUTES i;IGliT, A DISTANCE OF- 1816.11 FEET, SUBTENDING A CENTRAL ANGLE OF 0~5 DEGREESr 43 MINUTES T0~ PCiNT ON THE WEST. LINE CF SALL+ Di1ARTER SECTLCN; TNEt:CE NORTHERLY DEFLECTING 074 DEGREES+ 5i MINUTES RIGHT. A DISTANCE OF 134.ij9 FEET ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING CONTAINING 11.92 ACFiESr MORE OR LES5, WHICH INCLUDES 4.t)0 ACRESr MORE OR LESS PREVIOUSLY OCCUPIED AS PUBLIC HIGHWAY. THERE WILL BE NO INGRESS DR EGRESS OVEf: THE AIrOVE Z'ESCP-,IBELr TRACT FROM OR TO THE REMAINIIER OF SAID QUARTER SECTIDtl. EXL'CF'7r OVER ONEj UNRESTRICTELt DRIVELS) NOT TO EXCEED 40 FECT IN WIDTH, THE CENTERLINE(S) OF WHICH cIS. ARE) LOCATED 1914.C3 FECT FROM THE WEST LIME OF SAID QUARTER SECTION AS MEASURED ALONG FHE HZG}IWAY CENTERLINE. AND ALSO: EXCEFTr OVER TWO CONDITIONAL RESTRICTED ACCESS(ES). StJCN ACCESS IS TO BE PERMITTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WIDTH+ AMU ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 'JEHSCLE MOVEMENTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ROADS IN ACCORDANCE WITH THE PROCEDURES INDICATED 'r+ELOW. THE CENTERLINE(S) OF THE ACCESSCES) (IS, ARE) LOCATED 141.03 FEET FROM THE WEST LINE OF SAID QUARTER SECTION AS MEASURED ALONG THE CENTERLINE OF THE HIGHWAY. FOR THE PURPOSE OF THIS INSTRUMENT, THE 10 'JEHICLE MOVEMENTS F'ER HOUR, WILL PE MEASURED AND DETERMINED PY THE FOLL'u'WING F'FiOCEE~UFiE: UPON ITS OWM DETERMINATION OR WHENEVER TRAFFIC CONGESTION DL'CURS AT A RESTRICTED ACCESS, THE DEPARTMENT MAY MAKE A TRAFFIC COUNT. SUL`W CiJUNT TO BE FOFi A MINIMUM II-1~UUR PERIOD I~URLNG THE HOURS DF 7 AM TO 9 AM, 10 AM TO 1 FM, 3 FM TO b FMr ANZir IN ADDIT:[ON, FOR ANY OTHER PEAK !LOURS; PECULIAR TD THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL PE DETERMINED BY DIVIDING THE TOTAL t•.UMLiER OF VEMLCLE MOVEMENTS RECOFDCIr UL'RIMG THE, TIME PERIODS BY THE LENGTH OF THE TIME F'ERICDS ZN IiDUFES. IN THE EVENT AMY OF THE PEAK HOUR VEHICLC COUNTS EXCEEL:S IHE AVERAGE LrY A FACTOR Of--'. 1.v, THE NIGHER FIGURE MAY ItE USED TO DEit:RMINE THE NUML+Cr~ OF VEHICLC MOVEMENTS FOR THE ACCE~B POINT. PROVIDED THAT THE GRANTOR LAOC`', COVENANT AND AGREE ihiAi SHOULD hsC OF: HIS SUCCESS0Ft5 IN TITt_E FAIL AND REFIJ:JE TD KC CF' OR r`CRFO(`M ihiC PROVISIONS 1.IMfTING TRAFFIC 1N aUCH ACCES'i TO i0 VEFtZt;LL MOVEMENTS F'CF HOUR, S'f €XCCEDING THI , AMOUNT ON FIVC tJR M:„ ~C FFAFATF= (a'}~%ASIONS WIT}iIN A CDN7INUDUS THitEE'-MONTH FEF;IOD. hiL, C1 F: h?F~ '=vt".i:L:i:ii+F:S :N TI71_E, WILL ICE CONSItrEREIr IN VIOLATION DF iHL TERM'S fS( ?Ni:i 1N;:iiF2i,iMCN? AND SUBJECT TO AFPFt0}''RLATE PROCEEDLNGS AT t..AW t)F; tN ?"utt,iY f.)f; IFS CNFOFtCk;MLN T • F;~~~ ) ~~