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R2011-06 AUTHORIZING EXECUTION OF DRAINAGE RIGHT OF WAY EASEMENT
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R2011-06 AUTHORIZING EXECUTION OF DRAINAGE RIGHT OF WAY EASEMENT
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Last modified
10/1/2015 10:47:09 AM
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10/1/2015 10:47:09 AM
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Resolution/Ordinance
Res Ord Num
R2011-06
Res Ord Title
AUTHORIZING EXECUTION OF DRAINAGE RIGHT OF WAY EASEMENT - NIXON SPECIAL DRAINAGE DISTRICT
Department
Water
Approved Date
1/18/2011
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The Exhibit is marked a Temporary Construction Easement but is intended to be non- <br /> exclusive permanent drainage easement granted to the district for future drainage <br /> access and maintenance by the district. <br /> The district agrees that if the owners private tiles are damaged, that tile will be restored to its <br /> original condition or better at the expense of the district, unless such action would cause the owner <br /> to be in breach of any CRP or CREP contract as described below. <br /> The district will reseed, if necessary, at the expense of the district, any grass strip which the <br /> owner may now have on either side of the ditch bank. <br /> The district will promptly pay the owner in title for all damage to crops and other <br /> improvements including the well field infrastructure incurred by them in the process of improving <br /> and maintaining the drainage system. <br /> The district shall use the easement herein granted solely for the purpose recited and the <br /> easement will cnly be used by the district,its commissioners,officers,employees,agents,contractors <br /> and sub-contractors. <br /> If the owner has heretofore entered into or hereinafter during the term of this easement enters <br /> into any contract with the United States of�America(USA), Commodity Credit Corporation(CCC) <br /> involving any portion of the real estate in the Conservation Reserve Program(CRP)or Conservation <br /> Reserve Enhancement Program (CR�P), the district agrees: <br /> (a)If the activities of the district disturb any cover established in accordance with <br /> any CRP ar CREP contract, the district will, at the district's expense, restore that cover as required <br /> by�those contracts. <br /> (b) If in the process of eleaning and maintaining the drainage ditch forming the <br /> main drain of the district any soil or agricultural products are to be excavated,the district will obtain <br /> the proper permits in accordance with Par. 240 of USDA and CCC regulations 2-CRP (Rev. 3) <br /> Amend. 1 and Par. 24�J, �-CRP (Rev. 3) Amend. 20. <br /> a <br />
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