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HomeMy WebLinkAbout20075580NUM,P.GS . DOC TAX CK~9 FEES`-~PD~Q~SQCK~R ~ „Qu w~~=k+) CHG ACCT~R ~RET FEES: -CASH _ R.O.D. CK~__ RECD- Teri ~- Be.riehxnarr( Tti-le RETURN 13,e.neh mar K 7p'Ip1'f~ ~~S'~-In n~c ~e, bii7~l IINIIN~IIIIIIII~III NUM _3/- 7-/0 RD. COMP ~ ~=yt ~'~a7/p~ COMPARE ~~~ EASEMENT ADAMS COUNTY, NE FILED INST. N0.__b~rJ 5 ~ Q Date i~'7 Tme~~.~• ""~ TER OF DEEDS THIS AGREEMENT MADE this L~ day of December; 2007, among Orville Duden, Jr., herein called "Duden", and Ronald J. Wright and Rogene A. Wright, Husband and Wife, herein called "Wrights". For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties-agree as follows: WITNESSETH: WHEREAS, Wrights are the owners of the following described real estate (herein called Lot 1) as described on the attached Exhibit A. WHEREAS, Duden is the owner of the following described real estate (herein called Lot 2) as described on the attached Exhibit B. WHEREAS, the parties desire to create an easement for irrigation equipment, water and ingress and egress. THEREFORE, the parties agree as follows: 1. Wrights, owners of Lot 1, grants a permanent easement to Duden; owner of Lot 2, their successor, grantees and assigns for the operation and travel of center pivot irrigation equipment over Lot 1 which may result in irrigation water being sprayed upon Lot 1, which use over and on Lot 1 is in favor of and for the use and benefit of Lot 2. 2. The easement shall extend over the entirety of Lot 1. 3. Duden may enter or exit Lot 2 solely for the purpose of repair or replacement of the irrigation equipment referred to herein. Duden shall acquire no right of prescription or possessory rights in Lot 1 by such use. 4. This agreement as to the easement for irrigation equipment, water and ingress and egress shall run with the land according to the terms and conditions herein provided and is held by the respective parties, their heirs, and assigns as appurtenant to the land described herein. r~ ~ s~;, -~. 200'75580 8. The terms and provisions herein are subject to legally existing easements and restrictions of records. 9. This agreement shall be executed in triplicate and shall be recorded in the records of the Adams County Register of Deeds. IN. .WITNESS WHEREbF, the parties here signed this agreement as of the day and year above written. ville Dud r.;% ~/ ~ N _ ona d J. Wrigh ~~ Rog ne A. Wright STATE OF NEBRASKA ) ss. COUNTY OF ADAMS ) ~ The foregoing instrument was acknowledged before me on the day of December, 2007, by Orville Duden, Jr. GENERAL NOTARY-StateottVettraska - TERESA L.THEOBALD - ~-. , _ : - My Comm. Exp. Aug. 27,E - Notary Public TATS OF NEBRASKA ) ss COUNTY OF ADAMS ) The foregoing instrument day of December, 2007, Wright, Husband and Wife. GENERAL NOTARY -State of Nebraska p RONALD 0. SKRDIA My Camm. Ezp. May I5, 2008 was acknowledged before me on the by Ronald J. Wright and Rogene A. Notary Public 2 ~-~ ~ i ~,+ ~~ ., . ,,. . Exhibit A 200`5580 A tract of land located in the Southeast One-Quarter of Section 31, (Sec. 31 ), Township Seven North, Range 10 West (T7N-R10W) of the Sixth Principal Meridian (6th P.M.) Adams County, Nebraska, said tract being more particularly described as follows: BEGINNING at the Southeast Corner of Sec. 31, T7N-R10W of the 6th P.M., Adams County, Nebraska, running thence North 89°52'22.9"West and along the South line of the SE 1/4 of said Sec. 31 a distance of 575.46 feet; running thence North 00°04'55.1" East a distance of 2139.39 feet; running thence North 89°57'25.4" West a. distance of 680.86 feet; running thence North 00°05'55.1 ". West a distance of 515.99: feet to a point located on the North,- Fine of the "SE 1 /4 of said Sec. 31; running thence South 89°57'25.4" East and along the North line of the said SE 1/4 a distance of 1256.31 feet to the East 1/4 Corner of said Sec. 31; running thence South 00'04'55.1" West and along the East line of the said SE 1/4 of Sec. 31 a distance of 2659.19 feet; more or less, to the POINT OF BEGINNING; said tract continng a calculated area of .43.1467 Acres, more or less, of which the Southerly 33.00 feet thereof is presently being occupied by a public road Right=of-Way easement., i 3 ~~. ~ Vii;: t: ~~ 200'75580 Exhibit B A TRACT OF LAND FOR ACCESS EASEMENT PURPOSES LOCATED IN THESE'/4 OF SECTION 31, TOWNSHIP 7 NORTH, RANGE lU WEST OF THE 6TI~ P.M., ADAMS COUNTY, NEBRSKA, S!'iID TRACT BEING MORE PARTIICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIIE SOUTHEAST CORNER OF SECTION 3I, T7N-RIOW OF THE b~j P.M, ADAMS COUNTY; NEBRASKA, RUNNING THENCE NORTH 89 52'22.9°' WEST, (ASSUMED BEARINGS} AND ALONG TI-IE SOUTH LIivB OF THE SE `/a OF SAID SEC. 3 i A DISTANCE OF 575.46 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 52'22.9" WEST AND ALONG THE SAID SOUTH LINE OF THE SS / A DISTANCE OF 30.00 FEET; RUNNING THENCE NORTH 00 04'55.1'' EAST A DISTANCE OF 2139.58 FEET; RUNNING THENCE SOUTH 89 57'25.4" EAST A DISTANCE OF 30.00 FEET; RU?~~TING THENCE SOUTH 00 04'55.1" BST A DISTANCE OF 2139.39 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID TRACT CONTAINING A CALCULATED AREA OF 1.4735 ACRES, MORE OR LESS. cF~ ~ ~'i.