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HomeMy WebLinkAbout20075202NUM ;tiS DOC TAX CK# 20075202 FEES.l/ So PD~ZL-, '~CK# /~/j.4/ CHG . SO ACCT #12a,,1_~ ;~y _7_ y _ RET FEES: -~-CASH._ R.O.D. CK#_ /3 - 9 - 9 REC'D~//~G~C -p(GiniyGi/'L /c/isif/~pl~,;~,NUM ~~/ ~yaM,CA~ ~~~ d~.Fi~rl.~..d RETURN ~/' ~ `` ~' s RD. COMP X /.1.(J ~ ~~ _ ~i h s ~G G 8 0l ~~ COMPARE ~~ CORP, CADAS AO `~ SE~IL ACCESS EASEMENT ADAMS COUNTY, NE FILED INST.N0.~00'75202 Date //-J~ 07 Times~:~- ~~. ` , REGISTdEJR' OF DEEDS This Easement Agreement entered into between COOPERATIVE PRODUCERS, INC:, a Nebraska Corporation, (hereinafter "CPI") and LWT, Ltd., a Nebraska Limited Partnership, (hereinafter "LWT"). WITNESSETH: WHEREAS,'CPI is the owner ofthe following described real estate:. Lot One (1), Block One (1), CPI Chemical and Seed First Subdivision, Adams County, Nebraska, according to the recorded plat thereof (hereinafter referred to as the "CPI Tract"); and WHEREAS, LWT is the owner of certain real estate situated in the South Half ~S/2) of Section Thirteen (13), Township Seven (7 N) North, Range Nine (9) West.of the 6 P.M., Adams County, Nebraska, more particularly described in Corrective Corporate Quitclaim Deed filed in Book 181 of Deeds, at Page 669; a copy of which legal description is attached as Exhibit "A-1" and a part of the South Half (S/2) of such Section Thirteen (13), more particularly, described in Quitclaim Deed filed in Book I87 of Deeds, at Page 219, a copy of which legal description is attached as Exhibit "A-2" (hereinafter called the "LWT Tract"); and WHEREAS, the portion of the LWT Tract lying north of the CPI Tract is served by a road situated on and along the westerly boundary lines of the CPI Tract and the LWT Tract, which road CPI intends to block or close; and WHEREAS, CPI is willing to grant LWT access to a part of the LWT Tract over and through the CPI Tract; and WHEREAS, LWT and CPI desire to enter into an easement agreement creating such right of access; NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, CPI and LWT agree as follows: CPI does hereby grant to LWT, its agents, employees, invitees, lessees, successors and assigns, a perpetual non-exclusive right to hereafter pass and repass on, over. and across the CPI Tract to provide direct access to the LWT Tract lying and situated north of the CPI Tract, with or without automobiles, trucks, tractor trailers, farrn equipment and any other vehicles or on foot, Page 1 of 2 ~ ~~ ~ s ,; «~;. ~: r F ` ##S 9; 4' ... 1~1 ,~~... 200'75202 for all lawful purposes arising out of or related to accessing and egressing the LWT Tract. LWT, its agents, employees, lessees, invitees, successors and assigns shall utilize this Access Easement in a reasonable manner so as not to unreasonably interfere with CPI's. lawful use of the CPI Tract. CPI, its employees, agents, invitees, lessees, successors and assigns shall not unreasonably interfere with the right of ingress and egress granted herein. This Easement shall be deemed a covenant rumiing with the LWT Tract, and the CPI Tract and shall.be binding upon and inure to the benefit of LWT, CPI, their successors and assigns. - DATED: November~..:7 , 2007. COOPERATIVE PRODUCERS, INC., a LWT, Nebraska Corporation ROBERT ~ President F; 4=ce STATE OF NEBRASKA ) ss: COUNTY OF _ ,~) a Nebraska Limited Partnership THOM, Vice-President The foregoing se~n~ent Agreement was acknowledged before me on November ~ U, 2007, by ROBERT '~, President of COOPERATIVE PRODUCERS, INC., a Nebraska Corporation, on behalf of the Corporation. (iENERAI NOTARY•State of Nebraska L~ VICKI K. YOST Ny Commiselon Expire) Juty 17. Y011 Notary Public STATE OF NEBRASKA ) ss: COUNTY OF ( ) The foregoing Quitclaim Deed was acknowledged before me on November •- ~~, 2007, by JAMES THOM, Vice-President of T-L Irrigation Co., a Nebraska Corporation, General Partner of LWT, Ltd., a Nebraska Limited Partnership, on behalf of the Corporation and Limited Partnership. GENERAL NOTARY • State of Nebraska CINDY 8. HINRICHS My Comm. Exp. Aup. 30, 2011 ~~,,;,~I ~5: ~->~1L~ Notary Public Page 2 of 2 a~~ ~hh~ :,,. A Tract of land Sn Section Thirteen (13), Township 7 North, Range 9 West, Adams County, and SectlonsEighteer X18), Seventeen (~7), Sixteen (16)' x'ifteen (15), ' and Pburteen (1 q7 Township orth, Range 8 West, in Clay Count all West of the glxth ('6thj Principal rie ridian, described as follows: Commencing at the Southwest corner of Section Thirteen (13), Township 7 North, Range 9 West, thence Easterlyy along the section line common to Section Thirteen (13), and Twenty-Four (2V),~Township 7 North, Range 9 West, a dist en ce of one thousand three hundred and eighty-six and no-tenth's feet (1306.0') to a point of beginning, thence Easterly along said section line a dlatance of three thousand nine hundred and thirteen and three-tenth's feet~(3913. 3') to a point, which is the Southwest corner of Section Eighteen (18), Township 7 North, flange 8 West, Clay County, thence Easterly along section line common to sections Eighteen (18), and Nineteen (19), Township 7 North, Range 8 West, a diatan ce of flue thousand and sixty and eight-tenth's feet (5060.8') to a point, which Ss the Southwest corner of Section Seventeen (17), Township 7 North, Range 8 West, thence Easterly along a section line common to Sections Seventeen (17), and Twenty (20), Township 7 North, Range 8 Wast, a diet an ceof five thousand two hundred and twenty-eight and four-tenth's feet (5228.4') to a point which Ss the Southwest corner of Section ,Sixteen (16), Township 7 North, Range 8 Hest, thence Easterly along a section line common to Sections Sixteen (16), and Twenty-One (21), ' Township 7 North, Range 8 West, a distance of five thousa,d two hundred and seventy-nine and three-tenth's feet (5279.3') to a point which is the Southwest corner of section Fifteen (75), Township T North, Range 8 tJeat, thence Easterly ' along the section line common to Section FS Cteen (15), and Twenty-Txo (22), Township 7 North, Range 8 West, a distance of flue thousand two hundred and seventy-one and five-tenth's feat (5271.5'), to a point which is the Southwest. corner of Section Fourteen (1!I)n Township 7 North, Ranqe 8 West, thence Easterly along a section line common to .,e etions Pourteen (14), and 'twenty-Throe (23 ), Township 7 North, Aan ge 8 West, a distance of five thousand two hundred and fifty and six-tenth's feet (5250.6'), to a point which is the .Southwest Corner of Section Thirteen (13), Township 7 North, Range 8 Weat, thence'NOrtherly along the section 11 ne common t0 Sections Thirteen (13), and Pourteen (14), Township 7 )Jo rth, Range 8'(Jest, a dlatance of e1P.ht hundred and fifty and no-tenth's feet (850.0'), to a point on sold section line, thence 4esterly a distance of five thousand two hundred and fifty-one and one-tenth feet (5251.1'), to a point on the section line common to Sections Fourteen (14) and Aitteen (IS), Township 7 North, Range 8 West, this point being nine hundred and thirty and no-tenth's~• feet (930.0') North of the Southwest corner of Section Fourteen (14), Township 7 North, flange ~ West, thence Westerly along the same line a distance of flue thousand two hundred and seventy-two and no-tenth'e feet (5272.0'), to a. point ' on the section line common to Section fifteen (15), and SSxteeri (16), Township 7 North, Range 8 West, this point being one thousand and no-tenth's feet (1000.0') North of the Southwest corner of Section fifteen (15), Townah ip 7 North, Range 8 West, thence westerly along the same line a distance of five thousand two hundred and eighty and no-Centh's feet (528o.D'), to a paint which Se on the sectlen lino common to Sections Sizteen (15),'and Seventeen (17), Township ']Np~~ Ranqe~ 8 idest,' ttu~s pointy being oils thpusaric~ 'and fpm' slid no=tieptHs' felt (lOl0.0i ) Norttl of the Southwest comer of Section Sixteen (161 7.bcroslv.o .7 North, Range 8 West,. thence Southerly along said aectlon line a distance of one hundred and ninety and no-tenth's feet (190.0') to a point, thence westerly a distance of ten thousand txo hundred and eighty-nine and two-tenth's feet (10,289.2'), through Sections Seventeen (17), and Eighteen (18), to a point on the aeetion line common to Sections Eighteen (18), township 7 North, RanP,e B Weet, and Section Thirteen (13I, Township 7 North, flange 8 West, this point being nine hundred and forty-five and no-tenth's feet (945.0') North oC the Southwest corner of Section Eighteen (18), Township 7 North, Range 8 West, thence Westerly along the same line a distance of three thousand three hundred and twelve and no-tenth's feet (3312.0'), to '$'(, Dint locetad in Section Thirteen (13), 'township 7 North, Range 9 West, thence left, Southwesterly Cifty-seven degrees - thirty minutes (5T°30') a distance of one thousand one hundred and eighteen and no-tenth's feet (111 ~.0') to the point of beginning. This Tract containing six hundred and thirty-two and no-tenth's acres (632.0), more or less. This Tract of land thus descrl6ed~and designated LeRoy W, and Jean E. Thom and shown on plat number LDS-68002-1. A Tract of land in Section Twenty-Four (24), Township 7 North, Range 9 West oC the Sixth (6th) Principal Meridian, Adams County, described as follows: Commencing at the Southwest aeetion corner of Section Twenty-Four (24), Town- ship 7 North, Range 9 Wast, as s point of beginning, thence North along the section line oommon to Sections Twenty-Three (23). and Twenty-Four (24), ' Township 7. North, Range 9 West, a distance of one thousand three hundred and twelve and five-tenth's feet (1312.5') to a point, thence right ninety degrees - zero minutes (90000') Easterly, a distance of five hundred and fifty-four and no-tenth's feet (554.0') to a point, thence left ninety degrees - zero minutes (90000') North, a distanoe of flue hundred and sixteen antl no-tenth's feet IS1b.0') to a point, thence right ninety degrees - zero minutes (40000'), a dist en ce of seven hundred and forty-five and no-tenth's feet (745.0') to a point, thence left ninety-degrees - zero minutes (90°00') North, s diatanea of eight hundred and forty and no-tenth's feet (840.0') to a point, thence left ninety degrees - zero minutes (90°00') West, a distance of one thousand two hundred andnineEy-nine and no-tenth's feet (1299.0'), to a point an the section line common t~o sections TwentyThrea (23), and Twenty-four (24), Township 7 North, Range 9 West, thence ninety- degrees - zero minutes (90°00'), North, along said section line, a distance of two thousand six hundred and fifteen and six-tenth's feet (2615.6'), to a point which'Ss the Northwest corner of Section Twenty-Four (24), Township 7 North, Range 9 West,, thence right, East, along section line common to Sectlona Thlrt can (13), and Twenty-Tour (24), Township 7 North, Range 9 tJa st, a distance of one thousand three hundred and twenty-nine and three-tenth's feet (1329.3'), to a point on said Section line which 15 the North- east corner of the Northwest Quarter (NW/4) Northwest quarter (NW/4) of Section Twenty-Four (24), Township 7 North, Range 9 West, thence South a distance of Cive thousand two hundred and eighty-three a0d flue-tenth's feet (5283.5'), along the East line of the West one-quarter (1/4),of Section Twenty- Four (24), Township 7. North, Range 8 West, to a point whi ch Ss the Southeast corner of the Southwest quarter (SW/4) Southwest Quarter (SW/4) of said Section 'thence Westerly along the section line, common to Section Twenty- Four~(2)I), and Twenty-Rive (25), Township 7 North, Range 9 Wast, a distance of one thousand three hundred an^ twenty-two ahd five-tenth's feet (1322.5'), to the point oC beglnnln3,~contalning one hundred and twenty-eight. and seventy- flve huntlredth's acres (128.75), more or leas. This Tract of land thus described and designated LeRoy W. and Jean E. Thom, and shown on plat number LDS-68002-1. 3~ ~ 200'75202 EXHIBIT "A-1" rn. ):~,: i 4 ~ ~ 200'75202 the~followiii`q:^ escr38ed~eahproperty in"Ada.' s~~and`Clay Col~ntiee;: tract of land.Sn • action TtiJiteeit' (23)x; .~1'owrfati "Saveit` (7)" Nbtth; ". Range Nlne _(9} W ~st of the°Siitth {6tH}.P, M•„ •. atris County; ., ' Nebraska;, and Sn~SQctlons:Elghtean (18) and' Se entean (17); . Township Seven O7) Ngrth;•RSnge Eight (B)'..Wee of the Slxth.(6th) P.M„ Clay County, DYq' Aka, moro.partlcular,~'descrdbed`as being located'wlt)hin the'fo 1'owfig rrietss and ti ndst Commencing. at the Southwest II'Cortier o said Section Thfrtee '.(13); 'thence' .Easterly along thh South line of said SectionT irteen (13) a dls- tance of One'ThoGsahd Three Hundred Elgtity=s and No-tenCHs feet (1,366.0'); thence left Northe.asterly'F1bt~r1~~'seven.degrees'and ' Thirty minute's'(57° 30') for a dlstant:e of OhaThousand Ohe ,Hundred~Elghteen and No=ter}tti's;feet (1,.118, ') to.a point of 'begi'nning; thence right. Easterly nifty-seven' agrees and Thirty mtnutes (57° 30');a distance-of Three Thouea Th~ee'Hundred :. - Twelve and No-tenth's feet (3,312:0`) to a lnt;on [he East " line.•of"said Section Thlrteen,~(13), .which pCl i9 Nine Hundred '' "Forty-five, and No-tenth's~feeA.t(996':.0') North of~the Southeast corner of said Seddon Thlrteer`yt (13); .thence' asterly along the 'same'!!ne a distance of Five Thousand Sixty' nd Elgh[-tenth's feet (5, 060.8') to'a point on the East line of atd Section Eighteen {18) which point is Eight Hundred E ghty-eight and No-tenth's feet (8 6:0') North of the Southe st cornerof said _ ' Section Eighteen (~ie); thence~Easterly,alod 4hg.same line b distance of Flve Thousand Te~Jo Hundred Twedry~eight' and Four- ~tenth's feet (6,2284') to a~bolnLOmtha Eas' llne~of said ' Sectldn Seventeen ~17), which polnt:is E1ght~Hundred Twenty and No-tenth's feet~~ (820.0.') North' of the Soirlheas[ corner of ' said Section Seventeen (17); thence Northe ly along said East line of said Se~tlon Seventeen'(17) a d stance of One ' Hundred Seventy ands Nine-tenth's feet (17 ,9') to:a point; thence Westerly a. d~tance of Five Thous~n Two Hundred Twenty-elght~and Fodr-tenth's feet .(5,228.4') t~a.polnt on the East line of said 6ecilon Eighteen (y8), which 'point !s - One Thousand Sixty and No-tenth's feet.(1,080.0') North of the Southeast corner of said~Sectlon Eighteen (IB); thence . Westerly a, dtstance of Flve Thousand Sixty and Eight-~tenth's_ feet (5,060.8') to a po1nC on'the East line•of Bald Section • . Thirteen (13), which pofnt-ls~One'Thousahd Orie Hundred , ' Eighteen and Three-tenth's feet (1,118.3') North of the South= east corner of said Section Thirteen (13); thence Westerly a , distance of Three Thousand Two Hundred One and Four-tenth's feet (3,201x4') to a point; thence left Southwesterly Fifty- ' seven degrees and Thirty mtnutes (57° 30') a dtstance of Two Hundrei3'Flve~and Nlne-tenth's feet (205.9')'to the po of beginning, sold. tract containing. Fifty-threg aril F1[t nine Hundredth's (53.59} acres, more or less, '~....... i E7C1iIHIT "A-~" y~ y ~,.. ktj