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I Project: DPF-34-4(102) APE: R-343 Halt County Tract: 15 ~~'"~ 0~€~'70U C O N D E t 1 N A T I O N BUYER: Roger J. and Yancy Essink SELLER: Ether Rauert Hagman (Spouse-P.obert 0.) FEE SIMPLE TITLE TO A TRACT OF LAND AND ALL ZMF'FtOVEMENTS THEREON, IF ANYr FOR HIGHWAY RIGHT OF WAY P'URP'OSES LOCATED IN THE EAST HALF OF THE NORTHEAST @UARTEk OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP' 11 NORTH. RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEAkASKA. AS ILLUSTRATED ON THE ATTACHED FLAT ANU BEING MORE PARTICULARLY LIESCRIAEU AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAIU QUARTER SECTIONi THENCE WESTERLY A DISTANCE OF 661.45 FEET ALONG THE NORTH LINE OF SAID @UARTER SECTION TO A F'OINT ON THE WEST LINE OF THE PROPERTY OWNED AY THE CONUEMNEE<S)'r THENCE SOUTHERLYf DEFLECTING 092 DEGREES. 25 MINUTES LEFT. A DISTANCE OF iQ.06 FEET ALONG SAID LINEi THENCE EASTERLY DEFLECTING 087 UEGREESr 35 MINUTES LEFT, A DISTANCE OF 327.25 FEET TO A POINT ON THE F'ROFERTY LINE OF THE CONUEMNEE(S)i THENCE NORTHERLYf DEFLECTING 093 DEGREESr 03 MINUTES LEFT, A DISTANCE OF 25.04 FEET ALONt; SAID LINE TO A F'OINT ON THE SOUTHERLY HIGHWAY 34 RIGHT OF WAY LINEi THENCE EASTERLY DEFLECTING 093 LIEGREES, 03 MINUTES RIGHT: A DISTANCE OF 335.48 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT CN THE EAST LINE OF SAIU QUARTER SECTION: THENCE NORTHERLY DEFLECTING 093 DEGREESr 03 MINUTES LEFT, A DISTANCE OF 45.46 FEET ALONG THE EAST LINE OF SAID @UARTER SECTION TO THE POINT OF BEGINNING CONTAINING 0.87 ACRES, MDRE OR LESS, WHICH INCLUDES 0.68 ACRES, MORE OR LESS PREVIOUSLY OCCUF'IELI AS PUBLIC HIGHWAY. THERE WILL AE NO INGF:ESS OR EGRESS OVEfi THE :;HOVE DESCRIBED TRACT FROM OR TO THE REMAINDER OF SAIU QUARTER QUARTER. EXCEPT. OVEF' ONE FUTURE CONDITIONAL RESTRICTED ACCESS(ES). SUCH ACCESS iS T^u BE F'ERMITTEL+ OtdLY IF IT DOES N07 EXCEED 40 FEET IN WIDTHr ANU ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 VEHICLE MOVEMENTS F'Ek HOUR AS DETERMINED AY THE DEPARTMENT GF ROADS' IN ACCORDANCE WITH THE F'kOCEDURES INUICATED BELOW. THE CENTERLINES` +~F THE ACCESS(ES) (IS, ARE) LOCATED 602,63 FEET FROM THE EAST LINE CF SAILS QUARTER QUARTER AS MEASURED ALONG 7HE CENTERLINE OF THE HIGHWAY. FOk THE FIikFOSE OF THIS INSTRUMENT, THE "_0 VEHICLE MOVEMENTS PER HOUR WILL AE MEASURED ANU DETERMINED 9Y THE FOLLOWING PROCEi+URE: UPON ITS OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION GCCUFiS AT A RESTRICTED ACCESS, THE DEPARTMENT MA`f MA1\E A TRAFFIC COUNT> SUCH COUNT 70 BE FOR A MINIMUM 8-HOUR PEkIOU DURING THE HOURS OF 7 AM TO 9 AM, IO AM TO 1 F'M, 3 F'M TO b PM, ANU> IN AUUITION> FOk ANY OT!-IER PEAK HOURS PECUIIAk TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL PE DETERMINED AY DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED DURING THE TIME PERIODS AY THE LENGTH OF THE TIME F'ERZDUS ZN HOURS. IN THE EVE~1T ANY OF THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVEfiAGE BY A FAGTOk OF 1.5. THE HIGHEk FIGURE MAY AE USED TO DETERMINE THE NUMBER OF ','EHZCLE MOVEMENTS FOR 7HE ACCESS F'GINT. PROVZL+EU THAT THE GRANTOR UOES COVENANT AND AGREE THAT SHOULD HE tJR HZS SUCCESSORS ZN TITLE FAIL AND REFUSE TO KEEP OR PERFORM THE PROVISIONS LIMITING TRAFFIC IN SUCH ACCESS T^ IO VEHICLE MOVEMENTS F'ER HOURr AY" EXCEEUING THIS AMOUNT DN FIVE OR MOPE SEF'ARAfE OCCASIONS WITHIN A CONTINUOUS 7FiREE-MONTH F'ERIOLi: HE, OR HZS SUCCESSORS IN TITLE> WILL AE CONSIDERED IN VIOLATION OF THE TERMS OF THIS INSTRUMENT ANU 5U&JECT TO AP'PROP'RIATE F'ROCEEL+SNGS AT LAW OR LN EQUITY FOR ITS ENFORCEMENT. ALl RIGHTS 70 MINERALS, iN OR ON THE ABOVE L!ESCRIPELr ;~~AL F'ROFERT'f. SHALL EE F;STAINED AND RESEkL'ED Tt] THE CONDE"?NEES AND TO :,I S. HER +'k THEIk HEikSs SUCCESSORS AND ASSIGNS. SAIL+ uCNt^EMNEES AtJ:! t'R NL>> hER OR THEIFS HEIRS, yUCCESSORS ANU ASSIGNS 'SHALL HAVE ta0 FIGHT '~J =NTER i'R' USE 7HE SUF.FACE OF SAZD HEAL Pk~r}F'EFiTY FOR Nr?'t F'UFPOSE CONCEriNING :=A P,' "fiNERAI RIGHTS. N^v F' SHALL aAID CCNI.tEMNEES AND:'Jli 'ii ~: :+L n' i~fi `~iwlti }iEii~:s. Si7CCESei0fi5 ANL+ AiiSlriitiS IN E;cTfiAC7iNis =;r:[~ "i''*~'+«... ..l;M .,.,._ REAL FfiOFERTY. f+AMA;:at: ()5i ,ti :,r:Y ..,.f T..r.,:t: . ,t. t ~ ~~.t' ,7tr1L ;'Ftt)F'Er r t .