Fence Easement.tifPrepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161 Street, Blair, NE 68008 (402) 426-6694
DATE OF INSTRUMENT: May 3, 2016
FENCE EASEMENT
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This Agreement made this 3rd day of May, 2016 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Carol J. Heinssen,
hereinafter referred to an "Grantee". In consideration of One Dollar and other mutual covenants
contained herein the Grantor does hereby grant to the Grantee a right of way easement on the
following described real estate:
Beginning at the southeast lot corner of Lot 12 and part of vacated street of Block 94, Blair,
Nebraska; thence northerly 70 feet north of said southeast lot corner of said Lot 12, this point
also being 40 feet west of the centerline of 15'h Street, an officially and dedicated public street in
Blair, Nebraska; thence easterly 27.5 feet to the back of west curb of said 15th Street; thence
southerly along back of curb of said 15th Street, this line being parallel to the west right-of-way
line of said 15ffi Street to a point that is 27.5 feet east of the southeast corner of said Lot 12;
thence westerly 27.5 feet to the point of beginning.
For the sole purpose of the installation of a fence on municipal right of way. In no event shall the
location of the fence be closer than three feet from an existing sidewalk or fifteen feet from the
curb where there is no existing sidewalk. The exact location of the fence shall be approved by the
Director of Public Works and City Administrator.
No modifications of such fence shall be made without specific authorization in writing
from the Grantor consenting to such modifications.
This easement shall continue until such time as the Grantor desires to terminate same.
Such termination may be with or without cause and shall be in the sole and absolute discretion of
the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen
(15) days prior to such termination which such notice may be given to the Grantee by regular
United States mail, postage prepaid. In the event and at such time of the termination of this
easement, the Grantee shall remove such fence at his/her own expense. It is specifically
understood and agreed that the Grantor shall not be liable to the Grantee for any damages
whatsoever upon termination of this easement.
The Grantee further hereby agrees to save harmless and indemnify the Grantor from any
and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a result of the construction, in
General
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Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161 Street, Blair, NE 68008 (402) 426-6694
DATE OF INSTRUMENT: May 3, 2016
FENCE EASEMENT
Y
WASH li',qG TON COUNTY
EOISTFf OF OF..EC�u
c, P,' N' F
This Agreement made this 3rd day of May, 2016 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Carol J. Heinssen,
hereinafter referred to an "Grantee". In consideration of One Dollar and other mutual covenants
contained herein the Grantor does hereby grant to the Grantee a right of way easement on the
following described real estate:
Beginning at the southeast lot corner of Lot 12 and part of vacated street of Block 94, Blair,
Nebraska; thence northerly 70 feet north of said southeast lot corner of said Lot 12, this point
also being 40 feet west of the centerline of 15'h Street, an officially and dedicated public street in
Blair, Nebraska; thence easterly 27.5 feet to the back of west curb of said 15th Street; thence
southerly along back of curb of said 15th Street, this line being parallel to the west right-of-way
line of said 15ffi Street to a point that is 27.5 feet east of the southeast corner of said Lot 12;
thence westerly 27.5 feet to the point of beginning.
For the sole purpose of the installation of a fence on municipal right of way. In no event shall the
location of the fence be closer than three feet from an existing sidewalk or fifteen feet from the
curb where there is no existing sidewalk. The exact location of the fence shall be approved by the
Director of Public Works and City Administrator.
No modifications of such fence shall be made without specific authorization in writing
from the Grantor consenting to such modifications.
This easement shall continue until such time as the Grantor desires to terminate same.
Such termination may be with or without cause and shall be in the sole and absolute discretion of
the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen
(15) days prior to such termination which such notice may be given to the Grantee by regular
United States mail, postage prepaid. In the event and at such time of the termination of this
easement, the Grantee shall remove such fence at his/her own expense. It is specifically
understood and agreed that the Grantor shall not be liable to the Grantee for any damages
whatsoever upon termination of this easement.
The Grantee further hereby agrees to save harmless and indemnify the Grantor from any
and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a result of the construction, in
maintenance, and the placement of such improvements on municipal right of way. Such
indemnification and save harmless shall apply not only to the Grantee but shall apply as well to
any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind
sustained by any third parties, persons, or any other entities which such claims, or causes of
action may be brought against the municipality. Such indemnification to save harmless shall
apply not only to such damages and injuries, but shall specifically include but not be limited to
attorney fees and reasonable cost of defense of any such claims. Such indemnification to save
harmless shall further specifically include but not be limited to any damages to municipal
property including the right of way, grades, drainage structures, ditches, roadways, or any other
municipal property as the result of the construction of said fence and the Grantee shall further be
liable to the municipality for any attorney fees, expenses or other expenses incurred in recovery
of such damages.
This grant of easement shall run with the land and shall be binding upon and inure to the
benefit of the parties hereto, their heirs, successors and assigns, and shall be perpetual in nature.
City of Blair, Nebraska
A Municipal Corporation
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J ,, ea1Th;
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and states, personally
came James Realph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me
known to be the identical person who signed the above and foregoing Easement as Grantor and
acknowledged the execution thereof to be his voluntary act and deed.
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WITNESS
WITNESS my hand and seal this day of Ap. ,�#13.
GENERAL NOTARY - State of Nebraska ��' 1 • ;
IIB BRENDA R WHEELER
My Comm. Exp. June 20.2016 NOTARY PUBLIC
• r. t #'•
Carol J. Heins n, Grantee
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and states, personally came
Carol J. Heinssen, to me known to be the identical person
who signed the above and foregoing Easement as Grantee and acknowledged the execution
thereof to be his/her voluntary act and deed.
WITNESS my hand and seal this day of AVit; 2 1 °5.
f FF �fr
GENERAL NOTARY - State of Nebraska NOTARY PUBLIC
IIN BRENDA R WHEELER
My Comm. Exp. June 20, 2016