81000699 - Laserfiche WebLink

Browse

?roject: DPF-34-4(102) APE: R-343 Hall County Tract: 2 AND ALSO: .FACT 2 FEE SIMPLE TITLE TO A TRACT OF LAND AND ALL IMF`kOVEMENTS THEREON. IF ANY. FOR HIGHWAY RIGHT OF WAY PURPOSES LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 27. TOWNSHIP 11 NORTH. RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN. HAIL COUNTY, NEBRASKA. AS ILLUSTRATED ON THE ATTACHED PLAT AND BEING MORE PAk7iCULARLY UESCkIBELt AS FOLLOWS? BEGINNING AT THE SOUTHWEST CORNER OF SASB QUARTER SECTION: THENCE' EASTERLY A DISTANCE OF 1317>09 FEET ALONG THE SOUTH LINE OF SAIDI QUARTER SECTION TO A POINT ON THE EAST LINE OF THE PROPERTY OWNED BYI tHE CDNDEMNEEtS)": THENCE NOkTHEFtLY DEFLECTING 091 DEGREES. 20 MINUTES LEFT. A DISTANCE OF 60.02 FEET ALONG SAID LINE: THENCE WESTEkLY DEFLECTING 088 DEGREES, 14 MINUTES LEFT, A DISTANCE OF 1317.17 FEET TO A POINT ON THE WEST LINE OF SAIL QUARTER SECTION: THENCE SOUTHERLY DEFLECTING o9i DEGREES. 36 MINUTES LEFT, a DISTANCE OF 70.01 FEET; ALONG THE WEST LIPJE OF SASD QUARTER SECTION TO THE POINT OF BEGINNING CONTAINING 1.97 ACRES. MOkE OR LESS. '-!NIGH INCLUDES 1.36 ACRES, MORE. OR LESS PREVIOUSLY OCCUPIED R5 PUBLIC HIGHWAY, THERE WILL HE NO INGRESS OR EGRESS OVER THE AE_+OVE DESCRIBED TRACT FROM OR TO THE REMAINDER OF SAID QUARTER SECTION. EXCEPT. OVER TWO UkRESTRICTED DRIVE(S) NOT TO EXCEED 40 FEET IN WIDTH. THE CENTERLINE(S) OF WHICH (ISr ARE: LUCATEU 3.36 AND 1327.36 FEET FROM THE WEST LINE OF SAID QUARTEFr SECTION AS MEASURED ALONG THE HIGHWAY CENTERLINE. aND ALSO: EXCEPT. OVEF ONE CONDI7ICNAL RESTRICTED ACCESS(ES). SUCH ACCESS ZS T0~ HE PERMITTED ONLY IF I7 DOES NOT EXCEED 40 FEE? IN WIDT}I. AND ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NCT EXCEED 10 VEHICLE MOVEMENTS PER HOUR AS DETERMINED BY THE I+EF'ARTMENT OF ROADS IN ACCORDANCE WITH THE PROCEDURES INDICATED FELOW. THE CENTERLINE(';) CF THE ACCESS(ES) tI5. ARE) LOCATED 553.36 FEET FF.GM THE WEST LINE OF SAID QUARTER SECTION AS MEASURED ALONfi THE CENTERLINE OF THE HIGHWAY. FOR THE FUkPOSE OF TNI5 INSTRUMENT, THE 10 VEHICLE MOVEMENTS F'ER HOUR WILL BE MEASURED AND BETERMINED L+Y THE FOLLOWING F'ROCEUURE: UPON ITS OWk BETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURS AT kESTRICTED ACCESS. THE DEF'AFiTMENT MAY MAfiE A TRAFFIC COUNT. SUCH COUN! TO HE FQR A MINIMUM 8-HOUi~ PERIOD BURING THE HCURS OF 7 AM TO 9 q~t. l0I AM TO 1 PMs 3 F'M TO B F'M, ANDs IN AUDITION. FOfi ANY OTHER F'EAK HOUFi5 PECULIAR YO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED BY BIVIDING THE TOTAL NUt'tB£R OF VEHICLE MOVEMENTS REGORUED'-L+URING THE TIME PEkIOBS by THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT ANY OF THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE RY A FACTOR OFl 1.5r THE HIGHEk FIGURE MAY BE USER TG DETERMIrtE THE NUMBER OF VEHICLE] MOVEMENTS FOR THE ACCESS POINT. i PROVIDED THAT THE GRANTOR DOES COVENANT ANtr AGREE THAT SItOULD HE Ofi1 HIS SUCCESSOkS IPi TITLE FAIL ANU REFUSE TO KEEP' OR PERFORM THE; PkOVZSIONS LIMITING Tf'tAFFIC IN SUCH ACCESS TO 10 VEHICLE MCVEMENTS FEF: HOUR. HY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS WITHIN A CONTINUOUS THREE-MONTH F`ERIOD, HE, CR HIS SUCCESSORS IN SITLE. WILL HE CONSIDEREtt IN VFOIATIGN GF THE 'ERNS OF THIS INSTRUMENT ANB SUBJECT TO APPRGF•RIATE PRUCEELr;NOS AT LAW OR IN EQUITY FOR ITS ENFORCEMENT. ALL RIGHTS TO MINERALS. IN OR ON THE ABOVE L!ESCF,IF<EU REAL F'ROF'E~tTY, SHALL BE RETAINED AND kESERVED TO THE CGNDEMNEE AND 70 ITS SUCCESSORS ANB ASSIGNS. SAID CONUEMNEE ANUlOR STS 5UCCESSGRS AND fiSSIGNS SHALL NAVE NO FIGHT TO ENTER OR USE THE SURFACE GF >fiIL! MEAL PROPEFTY FOR ANY PUkF•OSE CONCERNING SAID MINERAL RIGHTS. NGR SHALL THE CONDEMNEE, AND/DR ITS SL'CCESSOfiS AND ASSIGNS IN EXTfiACTING SAID MINERALS FRt?M! SAIL( REAL PF:GF'ERTY+ UAMAG% GR IFE ANY WAY IMPAIR rHE r_15E 5F SAID REAL; F`ROf'Eft T Y . ' ''Brie ,'. rE