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Home My WebLink About20075070NJJM PGS FDEOESTO.So PD CK# , 20075070 CHG ~ /~0 ACCT #~ RET FEES: _ CASH _ R.O.D.rCIK#_ RECD?/2-~QSI%iIAS Vl~r~;~ts RETURN~Q,.~ u{r,;}rr~__ NUM -o~~-~-9 s , s ~~ ~J`o!_ RD. COMP x ~ ~-:SS COMPARE -d~sN CADAS - AO -PUBLIC POWER GENERATION AGENCY EASEMENT FOR ELECTRIC TRANSMISSION LINE :~ ThatQavid H Gartner and Patricia A Gartner husband and wife and Edwin H Gartner and Donna J Gartner husband (If Grantor is not married, add words "an unmarried person") of Adams County, Nebraska, in consideration of $ 1.00 ,receipt of which is hereby acknowledged, and the further payment of a sum to make total payment of $ 2086.00 do(es) hereby grant and convey unto PUBLIC POWER GENERATION AGENCY, a public body corporate and politic created under the Interlocal Cooperation Act of the State of Nebraska (hereinafter called PPGA), its lessees, successors, and assigns, the perpetual right, privilege, and easement of right-of-way to survey, construct, operate, maintain, inspect, repair, remove, alter, relocate and reconstruct an electric transmission line, including all necessary structures, electric wires, communication cables and wires, guys, and any other equipment used in connection therewith, (hereinafter collectively called the electric transmission line), along a route described herein. The centerline of the electric transmission line shall be established by the actual location of the electric transmission line as originally constructed on said premises. The location of the easement area is described as follows: A tract of land in the Southeast Quarter (SE '/4) of Section 20, Township 8 North, Range 9 West of the 6`h P.M., Adams County, Nebraska, said tract is thirty two feet (32') in width, being approximately thirty feet (30') west and two feet (2') east of a reference line (the reference line being the approximate centerline of a transmission line with poles located two feet (2'), more or less, west of the west line of the public road dedication), said tract being more particularly described as follows: ' A tract of land being the west thirty two feet (32') of the east sixty five feet (65') of the Southeast Quarter (SE '/4) of Section 20, Township 8 North, Range 9 West of the 6~' P. M., Adams County, Nebraska, containing a calculated area of 84480 square feet (1.94 acres), more or less, 1056 square feet of which is located within county road right-of-way. PPGA shall have the right of ingress and egress across and along the property within the easement area for any purpose in connection with the survey, construction, operation, maintenance, inspection, repair, removal; alteration, relocation and reconstruction of PPGA's electric transmission line. PPGA shall also have the right at any time to trim or remove such trees and underbrush within the easement area as may in any way endanger or interfere with the safe construction, operation, maintenance, `repair, removal, alteration, relocation or reconstruction of PPGA's electric transmission line, including but not limited to, topping or removing any other trees which in falling would come within fifteen (15) feet of the nearest electric line conductor. All refuse from such tree cutting or trimming shall be burned or removed by PPGA, and PPGA shall have the right to control by chemicals all trees and brush within the described easement area if said easement area is not being utilized for cultivated crops. PPGA agrees to pay the Grantor or. Lessee, as their interests may appear, for any damage to personal property, fences, livestock, and to growing crops caused by the survey and original construction of PPGA's electric transmission line. PPGA agrees to take all reasonable steps to restore, as nearly as possible to the condition it was in prior to construction, any land which is damaged as a result of said construction. Final payment shall be made on or before 60 days after completion of the construction stated herein. PPGA agrees to pay the Grantor or Lessee, as their interests may appear, for any damage to personal property, fences, livestock, growing crops and to take all reasonable steps to restore any land damages occurring after the original construction of PPGA's electric transmission line resulting from the survey, operation, maintenance, inspection, repair, removal, alteration, relocation and reconstruction of PPGA's electric transmission line. It is further agreed that all claims for such damages must be submitted to PPGA in writing within 90 days of such occurrence; otherwise, it is agreed that said claim for damages shall have been waived. The Grantor may cultivate, use, and enjoy the land within the easement area, provided that such use shall not endanger or be a hazard to or interfere with the survey, construction, operation, maintenance, inspection, repair, removal, alteration, relocation or reconstruction of PPGA's electric transmission line. It is further agreed that the Grantor will not be allowed to place or maintain buildings, structures, flammable material, hay and straw stacks, within the easement area without first obtaining express written permission from PPGA for such placements. Grantor shall not change or alter the grade of the easement area described above without the prior written approval of PPGA. PPGA agrees that if said easement area is not used for the purposes herein stated, or if any electric transmission line constructed hereunder is removed and not replaced by another electric transmission line, for a period of five years, the right- of-way and easement area hereby secured shall then cease and terminate, and this instrument shall be void. ADAMSF OUpTY, NE INST. NO ~ 0 "1 O'7 Q Date -~~-~ Tim :od pM TER OF DEEDS Bypass-North Hastings -Tract 6 Page 1 of 2 ~of~. i° 2UU"15U'7Q Tract 6 Page 2 of 2 The undersigned agrees and represents that he/she has read and understands the foregoing and that this instrument contains all agreements arid understandings between the parties and the undersigned has not relied upon any promises, inducements, covenants, oral statements, or agreements of any kind or nature which are not expressly set forth herein. Signed the ~ day of ~ , 2007. SIGNAT E ' GiAR.TnIEe ,. .. / _. i~ILTrLIc~A. ~. (~na2`rN~tL STATE OF NEBRASKA ) ) ss. COUNTY OF ~ .f ) The foregoing instrument was acknowledged before me on the David H. Gartner, Patricia A. Gartner, Edwin 6~~ ~~~ ~~~ n IGN TURE 1~N~1A ~ ~ C~A2Tr,)eR ~~ day of i(/ddG'~'ifl~d/', 2007 by H. Gartner, Donna J. Gartner GENERAL NOTARY--Stale of Nebraska ~/~~~i~'yw ~~ ~ MARK W; BARFKNECHT , Notary Pu ~`~~ My Comm. Fxp. Sept. 14, 2009 G STATE OF NEBRASKA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on the day df 2007 by Notary Public