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r- <br />Project: DPF-34-4(102) APE: R-343 Hall Ceunty Tract: 2 <br /> <br />CONDEMNATION <br />OMINER: Ho-Ott-Shu Land Company <br />MORTGAGEE: First National Bank of Grand Island <br />PfiOJECT DPF-34-4(102 ) TRACT 2 <br />FEE SIMPLE TITLE TO A TF.ACT OF LAND AND ALL IMPROVEMENTS THEREON+ IF <br />ANY+ FOR HIGHWAY RIGHT OF WAY F'URFOSES LOCATED IN THE SOUTHEAST <br />QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27+ TOWNSHIP S1 NORTH, <br />RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN+ HALL COUNTY. NEBRASKA+ <br />AS ILLUSTRATED ON THE ATTACHED FLAT AND BEING MORE PARTICULARLY <br />DESCRIBED AS FOLLOWS: <br />BEGINNING AT THE SOUTHEAST CORNER OF SAIB QUARTER QUARTER SECTION4 <br />THENCE WESTERLY A DISTANCE OF 656.22 FEET ALONG ThIE SOUTH LINE OF SAID <br />QUARTER QUARTER SECTION TO A PRINT ON THE WEST LINE OF THE PROPERTY. <br />OWNET_1 BY THE CDNDEMNEECS)i THENCE NORTHERLY DEFLECTING 088 UEGREESr 42 <br />MINUTES RIGHT. A DISTANCE OF 60.02 FEET ALONG SAID LINE: THENCE <br />EASTERLY DEFLECTING 090 DEGREES+ 26 MINUTES RIGHT. A DISTANCE OF <br />656.23 FEET TO A POINT ON THE EAST LINE OF SAID QUARTER QUARTER <br />SECTION: THENCE SOUTHERLY DEFLECTING 089 DEGREES. 42 MIPIUTES RIGFIT, A <br />DISTANCE OF 70.01 FEET ALONG THE EAST LINE OF SAID QUARTER QUARTER <br />SECTION TO THE POINT OF PEGINNING CONTAINING 0.98 ACRE„ MORE OR LESSr <br />WHICH INCLUDES 0.68 ACRES+ MORE OR LESS PREVIOL7SLY OCCUPIED A5 PUBLIC <br />HIGHWAY. <br />THERE WILL BE NO INGRESS OR EGRESS OVER THE ABOVE DESCF<IREU TRACT FROM <br />OR TO THE REMAINDER OF SAID QUARTER QUARTER. EXCEPT. OVER ONE <br />UNRESTRICTED DRIVELS) NOT TO EXCEED 40 FEET IN WIDTH. THE <br />CENTERLINE(S) OF WHICH tIS. ARE) LOCATED EASTERLY. 3.35 FEET FROM THE <br />EAST :INE OF SAID QUARTER QUARTER AS MEASURED ALONG THE HIGHWAY <br />CENTERLINE. <br />AND ALSO: <br />EXCEF'T+ OVER ONE CONDITIONAL RESTRICTED ACCESStES7. SUCH ACCESS IS TO <br />BE PERMITTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WIDTH, AND ONLY SO <br />LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 VEHICLE <br />MOVEMENTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ,ROADS IN <br />ACCORDANCE WITH THE FROCEDURE3 INDICATED BELOW. THE CENTERtINEtS) OF <br />THE ACCESS(ES) tIS. -ARE) LOCATED 622.64 FEET FROM THE EAST LINE OF <br />SAID QUARTER QUARTER AS MEASURED ALONG THE CENTERLINE OF THE HIGHWAY. <br />FOk THE PURPOSE DF THIS INSTRUMENT. THE 10 VEHICLE MOVEMENTS F`ER HOUk <br />WILL BE MEASURED ANIt DETERMINED PY THE FOLLOWING PROCEDURE: UPON I7S <br />OWN DETERMINA720N OR WHENEVER TRAFFIC CONGESTION OCCURS AT A <br />RESTRICTED ACCESS, THE DEPARTMENT MAY MAKE A TRAFFIC COUNT. SUCH COUNT <br />TO BE FOR A MINIMUM 8-HOUR PERIOD DUF:ZNG THE HOURS OF 7 AM TO 9 AM. 10 <br />AM TO 1 FM. 3 PM TO b FM+ AND. IN AUDITION, FOR ANY OTHER F'EAK HOURS <br />PECULIAR TO THE HIGHWAY. THE AVERAGE hIOURL't TRAFFIC WILL BE DETERMINED <br />BYE DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED DURING THE <br />TIME PERIODS BY THE LENGTH OF THE TIME FERIOBS IN HOUf~S. IN THE EVENT <br />ANY OF THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE BY A FACTOR OF` <br />l.r. THE HIGHEk FIGURE MAY PE USED TO BETERMINE THE NUMBER OF VEHICLE <br />MOVEMENTS FOR THE ACCESS POINT. <br />_' <br />~, <br />PROVIDED THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR <br />HIS SUCCESSORS IN TITLE FAIL AND REFUSE TD KEEP' OR PEF'FORM THE <br />PROVISIONS LIMITING TRAFFIC IPi SUCH ACCESS TO 10 VEHICLE MOVEMENTS PER <br />HOUR, BY EXCEEDING THIS AriOUNT ON FIVE OR MU'RE SEPARATE OCCASIONS <br />WITMIN A CONTINUOUS THREE-MONTH PERIOD. HEr OR HIS SUCCESaOF:S IN <br />TITLE. WILL BE CONSIDERED IN VIOLATION OF THE TERMS OF TIiTS INSTRUMENT j <br />AND SUBJECT TO AFf'ROPRIATE PROCEEDINGS A7 LAW OR IN E04JZTY F'OR ITS <br />ENFORC€riENT. <br /> <br />~a9e of 3 <br />