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08-08-2008 Lot 512 Easementt'tASHINOTON COUNTY, STATE OF NEBPA SIS REC0.RWhED_2LW.Q-t _8--E29 ATLIMM. 859 RELEASE OF EASEMENT A . 2008 AUG ® 8 A rIGISTER OF DEEDS STATE OF NEBRASKA )ss. REC ST° -_R OF DEED`S COUNTY OF WASHINGTON ) L.Y %, E�7 The City of Blair hereby releases Easement filed on the real estate in Book 478 at page 303-306 for the property legally described as: A bike trail easement located on a portion of Tax Lot 512 in the NW Y4 of Section 11, Township 18 North, Range 11 East of the 6t" p.M., City of Blair, Washington County, Nebraska. The City of Blair hereby authorizes the Washington County Register of Deeds Office to release the above-described Easement on said real estate in that said easement is no longer applicable. IN WITNESS WHEREOF, the undersigned has executed this document in Blair, Nebraska on this 8t" day of August, 2008. Brenda R. Wheeler, City Clerk (Seal) Recorded — GeneralNumerical l - Photost t —T ,3RASKACOUNTY OFWASHINGTON)S$ cW 50-5'7c�1'q E .3 J NUMERICAL INDEX AND FILED FOR RECORD_ H? DAY OF A.D. 20-.L9 ,J—O'CLOCK &—Me AND OGS RECORDED IN BOOK .—AT PAGE n ) ,QTY CLERK DUTYEASEMENT 01E 15 A 8 - 4 kilt ii it l.. r- IL BLAIR,, NEM - THIS EASEMENT made on r)-((- i 3 ' be (13, , 2005, between Brian L. Taylor Owner, hereinafter referred to as "Grantor", and the CITY OF BLAIR, NEBRASKA, hereinafter referred to as "CITY" WHEREAS, Mayor and City Council have approved a trail system in the City of Blair, Nebraska to be used by the City and the general public. WHEREAS, Grantor is the owner in fee simple of certain real estate in the City of Blair, Nebraska, upon which City intends to construct a portion of its trail system; and, WHEREAS, Grantor desires to grant unto City an easement for the purpose of allowing City, at no cost to Grantor, to construct, install, operate, maintain and repair a portion of the trail system along, over and across Grantor's real estate described below. WHEREAS, City desires to obtain a permanent maintenance easement from Grantor for the purpose of locating, establishing and maintaining a 10.00 feet wide bike trail over real estate owner by Grantor and described above. NOW THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Permanent Easement: Grantor does hereby grant and convey unto City, a perpetual easement, for the purpose of constructing, installing, operating, maintaining and repairing a hard -surfaced trail which is to be used as a portion of the City of Blair Tail System, for use by City and general public, said parcel of real estate more particularly described as follows: A bike trail easement located on A portion of Tax Lot 512, City of Blair, Washington County in the NW %4 of Section 11, Township 18 North, Range 11 East of the 6th P.M., City of Blair Washington County, Nebraska, more particularly described as follows: Referring to the southwest corner of said Tax Lot; thence N00 06'58"W, 134.34 feet on the west line of said tax lot to the point of beginning; thence continuing N00 06'58"W, 22.54 feet on said west line; thence N62 25'41"E, 64.57 feet; thence N39 18'38"E, 5.24 feet; thence N27 26'32"E, 20.89 feet; thence N40 06'30"E, 8.12 feet to the east line of said tax lot; thence SOO 01'39"W, 38.19 feet on said east line; thence S39 18'38"W, 8.33 feet; thence S62 25'41"W, 79.05 feet to the point of beginning, containing 0.04 acres (1874 square feet) more or less. 2. Construction and maintenance: The hard -surfaced trail described above shall be constructed, installed and maintained in good repair by City at City's sole cost and expense. 3. Removal of Snow, ect.: Grantors, their heirs, successors and assigns, shall not be required to remove snow, sleet, mud ice or other obstructions from said trail system and furthermore, that the parties hereto agree that any provisions of the Municipal Code of the City of Blair, Nebraska, pertaining to sidewalks and the obligations of General Numerical Photostat 1/ 60 3 U landowners in regard to sidewalks, shall not apply to Grantors in regard to the trail system located on the easement described herein. 4. Easement to Run with the Land: 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, shall be perpetual in nature. 5. No Obstruction: The Grantors. Their heirs, successors and assigns shall not use the easement area in any way that will impair or obstruct the rights granted to City for use of the easement for the tail system. 6. Indemnification: City hereby indemnifies and holds Grantor harmless from liability arising out of the construction, installation, operation, maintenance and repair of the trail system located on the above-described easement, except when due to the Grantor's own negligence. 7. Binding Effect: This Agreement shall be binding upon and insure to the benefit of the parties hereto, their heirs, successors and assigns. Gr for CITY OF BALK NEBRASKA STATE OF NEBRASKA COUNTY OF WASHINGTON ATTEST: y,. BRENDA WI HEELER, CITY CLERK The above and forgoing Easement was acknowledged before me, a Notary Public, by i- i _rk n 10 u l 0-,t- this �aq 4 2005, and they acknowledged the execution of the ffregoing Easement to be their voluntary act and deed for the purposes therein set forth. ntLU GENERAL NOTARY -State of Nebraska NOTARY PUBLIC KATHERINE D. LOUDN My Comm. Exp. June 17, 2a'— (/ 6 ` U'4 PARTICULARLY DESCRIBED AS FOLLOWS: LHREF REFERRING To THE SOUTHWEST' CORNEREINC OF SADE TAX LOT, THENCE N 00'0658" W, 134.34 FT. ON THE WEST LINE OF SAID TAX I OT Tn T149 - POINT nF Arr/A/Al/A/C• TUr-AIli l- ...,.,. .. 305 STATE OF NEBRASKA COUNTY OF WASHINGTON The above and forgoing Easement was acknowledged before me, a Notary Public, by JANES REALPH, MAYOR this 13-r` d Q r-ce_m lkm-r , 2005, and he acknowledged the execution of the foregoing Easement to be his lov his act and deed for the purposes therein set forth. 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