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r Project: DPF-34-4(102) APE: R-343 Halt County Tract: 20 ~•I-'~t~U699 AND ALSD: EXGEF'T, OVER ONE CONDITIONAL RESTRICTED ACCESSES>. SUCH ACCESS IS TO RE FERhITTED ONLY IF IT DOES NOT EXCEED 44 FEET IN WIDTH. AND ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXL'EEtc 10 VEHICLE MOVEMENTS PER HOUR AS DETERMINED PY THE DEPARTMENT OF ROADS IN ACCORDANCE WITH THE PROCEDURES INDICATED BELOW. THE CENTERLTNE(S> OF THE ACCESS(ES) <IS+ ARE) LOCATED 771.97 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 F'ER HOUIt WILL BE MEASURED AND DETERMINED PY THE FOLLOWING F•ROCEDURE: UPON I'IS OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURS AT A RESTRICTED AGCESS+ THE DEPARTMENT MAY MAKE A TRAFFIC COUNT. SUCH C011NT TO PE FOR A MINIMUM 8-HOUR PERIOD DURING THE HOURS OF 7 AM TO 9 AM+ 10 AM 70 1 PMr 3 PM TO 6 F'M+ ANDs IN ADDITIDN+ FOR ANY OTHER F'EAK HOURS PECULIAR TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINER. BY DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED LURING 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 PY A FACTOR OF' 1.5. THE HIGHER FIGURE MAY PE USED TO DETERMINE THE NUMPER OF VEHICLE MOVEMENTS FOR THE ACCESS POINT. PROVSDED THAT THE GRANTOR LrOES COVENANT AND AGREE THAT SHOULD HE OR HIS SUCCESSORS IN TITLE FAIL AND REFUSE TO KEEP OR PERFORM THE PROVIS10N5 LIMITING TRAFFIC IN SUCH ACCESS TO i0 VEHICLE MOVEMENTS f-'ER HQUR+ PY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIDNS WITHIN A CONTINUOUS THREE-MONTH PERIOD. HE+ DR HIS SUCCESSORS IN TITLE. WILL BE CONSIDERED IN VIOLATION OF tHE TERMS OF THIS INSTRUMENT AND SUBJECT TO AFF'ROFRIATE PROCEEDINGS A7 LAW OR IN EQUITY FOR ITS ENFORCEMENT. AND ALSO. TEMPORARY EASEMENT TO A TRACT DF LAND ratdD ALL iMF'RQVEMENTS; THEREONs IF ANY. FOk' DETOUR P'URP'OSES. LOCATED ZN THE EAST HALF OF TI-!E' SOLETHWEST QUARTER OF SECTION 25+ TOWNSHIP' 11 NORTH. RANGE 9 WEST OFD THE SIXTH PRINCIPAL MERIDIAN. HALL COUNTY. NEPRASKA+ AS ILLUSTRATED DNI THE ATTACHED FLAT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF SAIL• QUARTER SECTIOtd+ THENCE WESTERLY A DISTANCE OF 132.59 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION TO A POINT ON THE WEST LINE OF THE PROPERTY OWNED BY THE CONDEMNEECS>: THENCE NORTHERLY DEFLECTING 090 DEGREES. 01 MINUTES RIGHT. A DISTANCE OF ti0.00 FEET ALOPiG SAID LINE: THENCE EASTERLYf DEFLECTING 089 DEGREES. it MINUTES RIGHT. A DISTANCE OF 441.84 FEET TO THE POINT DF BEGINNING: THENCE EASTERLY DEFLECTING 000 DEGREES. 00 MINUTES A DISTANCE OF 275,03 FEET; THENCE NORTHERLY DEFLECTING 089 DEGREES. 12 MINUTES LEFT: A DISTANCE OF 100.00 FEET; THENCE WESTERLY DEFLECTING 090 DEGREES. 00 MINUTES LEFT. A DISTANCE OF 75.00 FEET; THENCE SOUTHWESTERLY DEFLECTING 027 DEGREES. 26 MINUTES LEFT. A DISTANCE DF 225.'35 FEET TO THE POINT OF BEGINNING CONTAINING 0.41 ACRES. MORE OR LESS. UPON COMPLETION AND ACCEPTANCE OF PROJECT DF'F-34-4(102)s ALL RIGHTS. INTEREST ANA USE OF THE ABOVE DESCRIBED TEMPORARY EASEMENT AREA(5> SHALL BE RETURNED TO THE CONDEMNEE(S> AND TO HIS. HER OR THEZR HEIRS. SUCCESSORS AND ASSIGNS WITH THE AFORESAID CHANGES COMFLE'(ED. ALL RIGHTS TO riFNERALS. IN OR GN THE ABOVE DESCRIBED REAL PF.'OPEIiTY. SHALL PE kETAINED AND RESERVED TO THE CONIiEMNEES AND 70 HIS, NER OR THEIR iiEIRS: SUCCESSORS AND ASSIGNS. SAIL} CONDEMNEES AtJD;'Oft HIS. HER OE; THEIR HEIRSs SUCCESSORS ANL+ ASSIGNS SHALL HAVE NO RIGHT TG ENTER DF: USE THE SURFACE OF SAILt REAL PROPERTY FOR ANY P'URP05E COtJCERNiNG SAID MINERAL RIGHTS, NOR SHALL SRID CONIrEMNEES ANDlOf;' HIS. HER QR THEIR HEIRS. SUCCESSORS AMU ASSIGNS IN EXTRACTING SAIi+ MINERALS FROM SAill REAL PROF'EFi7Y+ LtAMAGE Dk IN ANY WAY' IMF'AiR THE USE DF SAIT! i;L-t+1. IrF(OFER T Y . page ? wf ~