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COB and Gateway Compensation Agreement-2017 Water Main Project-Jim AndersonWASHINGTON COUNTY, STATE OF NEERASM INSTRUfr;ENT NO.2017-02317 J(ahaftv r. a REGISTER OF DEEDS Recorded._V General Numerical Photostat •� Proofed Scanned Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 16th Street, Blair, NE 68008 (402) 426-6694 Date of Instrument: June 28, 2017 IL r-- n.F-1 -, I 2011 JUL 14 P l 3: 1 tf j E I'V COUNTY RL-GISTEER OF D[HnJ, COMPENSATION AGREEMENT FOR EASEMENT AND RIGHT-OF-WAY This "Agreement" is made this 28th day of June, 2017, between Gateway Development Company, a Nebraska non-profit corporation, ("Grantor") and City of Blair, Nebraska, whose address is 218 South 16th Street, Blair, Nebraska 68008. Grantor is the Owner of real estate in Washington County, Nebraska, as described in Exhibit "A" attached hereto (the "Property"). City of Blair intends to construct certain water main facilities in, under, and across the Property (the "Water Main Facilities"). Grantor has agreed to execute the Easement and Right -of -Way which grants to City of Blair an easement and right-of-way in, under, and across the Property for, among other things, the construction, ownership, use and maintenance of the Water Main Facilities (the "Easement"). The Parties are executing this Agreement to set the terms of compensation for Grantor executing and delivering the Easement to the City of Blair. For valuable consideration as set forth in this Agreement and in the Easement, the sufficiency of which is acknowledged, City of Blair and Grantor agree as follows: 1. Compensation. Within 45 days of its receipt of this Agreement, City of Blair will pay to Grantor the following sum for the Easement: A I Total Easement Payment $ 2.00 1 TOTAL 2. Execution of Easement. Concurrently with the execution of this Agreement, Grantor will execute and deliver to the City of Blair the Easement. 3. Recording. This Agreement will be recorded with the Register of Deeds. Page Count 17 Page 1 of 3 GRANTOR: By: Prin Address: �()� ✓til ���� 3 (,A'i �ti� �����, Tax ID / Social Security #: Portion/Percentage of Total Easement Compensation: CITY OF BLAIR, NE By: Printed Name: �` �-:5 REA 1W Title: Page 2 of 3 2017 -0 231' Exhibit "A" Property (Attached) Page 3 of 3 TEMPORARY EASEMENT CITY OF BLAIR VICINITY SKETCH WASHINGTON COUNTY NEBRASKA R -1 1-E z � --14-- GRAPHIC SCALE 0 30 11x1 21X1 NOTE: ALL BEARINGS ARE ASSUMED. LEGEND 0M( )NUMF.NT FOUND • MUNUMITNT SET O CALCI ILA I ED POINT D DEEDED DISTANCE G OOVERNMEN'F DISTANCE M MEASURED DISTANCE P ITA'FTEDDISTANCE R RECURDEDDISTANCE DATF. 9 5/1/2017 SCA1.1: 1- 201? EIRMNN RMO ,Jon NOR170294.00 lag FIELD B")K BLAIR 48 FIELD \YORK KT JEOCDU,!jl kN5,t1IIUPi: S. SIIEF F I OF 1 FILE. NO, 000000 800.723.8567 Omaha, NE 402.934.3680 —.Ieo.com g LEGAL DESCRIPTION: EAST LINE TAX LOT 286 A TEMPORARY UTILITY EASEMENT FOR THE CONSTRUCTION, LOCATION AND MAINTENANCE OF A WATER LINE WITH APPURTENANCES AND ACCESSORIES LOCATED IN PART OF TAX LOT 286, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF THE EAST 40.00 FEET OF SAID TAX LOT 286, CONTAINING 4,500 SQUARE FEET MORE OR LESS. P:l—WiN%170294 00 -HDR BIW, 121N Water Maln Easements`65urvey\Orav:;lgs\i]024i.EasemeM-d;ry, on 5`42017 12 40 PIA. TEMPORARY EASEMENT CITY OF BLAIR VICINITY SKETCH WASHINGTON COUNTY NEBRASKA R -1 1-E z —14 GRAPHIC SCALE F: I I�xI NOTE: ALL BEARINGS ARE ASSUMED. LEGEND 0 MONUMENIT FOUND • MONUME.N1*1EI O Cn1.Cut.ATEn POINT D IIEEDEDDIS"I'ANCE (i(R IVERNMENT DISTANCE M 1,117 'ASI P PLAT FED DISTANCE R RECORDED DISTANCE 5/1/21117 SCALE. 200 DRAWN . RMO Jo0 NO. R 170294.00 FIELD BMK BLAIR#8 FIELDWORK . KT JEo rolJzurrrc cttuuv Inc SIIEET I OF 1 800.723.8567 FILE NO, Omaha, NE 402.934.3680 000000 1 www.jeo.com LEGAL DESCRIPTION: EAST ONE TAX LOT 286 A TEMPORARY UTILITY EASEMENT FOR THE CONSTRUCTION, LOCATION AND MAINTENANCE OF A WATER LINE WITH APPURTENANCES AND ACCESSORIES LOCATED IN PART OF TAX LOT 286, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF THE EAST 40.00 FEET OF SAID TAX LOT 286, CONTAINING 4,500 SQUARE FEET MORE OR LESS. P:\8urveyi,y\170294.00.MDR BI- 12INWale,Main Easements) Sm,ylDmyi0070294.Easemenl tlxg, on50.201712:48 PM TEMPORARY CONSTRUCTION EASEMENT The undersigned Gateway Development Company, a Nebraska non-profit corporation, hereinafter called the "Grantor" in consideration of (One Dollar), ($1.00), the receipt of which is hereby acknowledged, hereby grants and conveys to the City of Blair, a municipal corporation, located in Washington County, Nebraska, hereinafter called "City", its successors and assigns, a temporary easement to construct and install a water main, for the purpose of transporting piped water across, through and under the land hereinafter described, together with the right to excavate and refill ditches or trenches for the location of said water main, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location. Said easement will be over and under the following described area: Tax Lot 286 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. See Attached Exhibit "A" This easement shall be subject to the following terms and conditions: 1. The Grantor hereby grants to the City, its successors and assigns, the right, privilege and authority to enter upon and pass over said property for the purpose of constructing, repairing, operating and maintaining said water main upon the property above described for the duration described herein. 2. The Grantor does hereby covenant with the City that it has good and lawful right to convey it or any part thereof; that it is free from encumbrance and it will, forever warrant and defend the title thereto against the lawful claims of all persons or entities whomsoever. 3. The City shall at all times exercise due care and diligence to avoid injury, loss or damage to structures or property of the Grantor, its successors and assigns for any and all loss, damage or injuries sustained to such property by reason of the construction, future maintenance, operation or reconstruction of said underground water main, or any part thereof. 4. This easement is binding upon the assigns and successors of the Grantor for the duration of this temporary easement which is eighteen months from the date that this document is fully executed. 1 5. The above payment shall cover all damages caused by the establishment and construction of the above project. 6. The landowners and neighbors will be notified a minimum of one week prior to the start of construction. 7. Any disturbed area will be restored to its pre -construction condition after completion of the project. 8. The points described above are subject to adjustment by subsequent agreement between the City and Grantor. 9. This easement shall not pass, nor be construed to pass, to the City, in fee simple interest or title to the easement area. The Grantor shall have the reserved right to make reasonable non-structural uses of the easement area, which do not interfere with the City's rights under this temporary easement. 10. The Grantor warrants that no verbal or written representations or inducements have been made or given by the City or by any of its officers, agents or employees, other than as may be recited in this document. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 IN WITNESS WHEREOF, the Grantor has executed this Easement the day of (t rn C , 2017. GRANTOR: Gateway Development Company, a Nebraska non-profit corporation 1 BY: GRANTEE: City of Blair, Nebraska BY: STATE OF NEBRASKA ) - )ss COUNTY OF MkL) On this ZX day of 1l- 0 C , 2017, before me, a Notary Public, qualified for said county, personally came 1 -t` -,Q— sche V<- of Gateway Development Company, a Nebraska non-profit corporation, known to me to be the identical persons who signed the foregoing instrument, and who acknowledged the same to be their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY -State of Nebraska &, '1_7 /, ('� �l BRENDA R WHEELER My comm. Exp. June 20, 2020 Notary Public STATE OF NEBRASKA ) )ss COUNTY OFR41t ) On this day of S(And 2017, before me, a Notary Public in and for said county and state, personally came ca , of the City of Blair, and identical person who signed the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of said corporation and by its authority. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY -State of Nebraska II BRENDA R WHEELER Notary Public My Comm. Exp. June 20, 2020 4 ATTACHMENT "A" PERMANENT EASEMENT CITY OF BLAIR EAST LINE TAX LOT 286 VICINITY SKETCH WASHINGTON COUNTY LEGAL DESCRIPTION: NEBRASKA R -II -E A PERMANENT UTILITY EASEMENT FOR THE CONSTRUCTION, LOCATION AND MAINTENANCE OF A WATER LINE WITH APPURTENANCES AND ACCESSORIES LOCATED IN PART OF TAX LOT 286, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 z EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY —1� 'I— — GRAPHIC SCALE DESCRIBED AS FOLLOWS: H 0 50 IM 00 THE EAST 20.00 FEET OF SAID TAX LOT 286, CONTAINING 4,500 SQUARE FEET MORE OR LESS. NOTE: ALL BEARINGS ARE ASSUMED. 1 —.1- 0MONUMENT FOUND •MONUM ME' SEI' O C'AI.CFRAT17D POINT U I71iIiDIiU DI STANCE (; (il)VEIMiENT DISTANCE MMEASUREDDISFANCE P PL A 11 ED DISTANCE R RECORDED DISTANCE DATE. WW� 5/1/2017 scnLl: I "= 200' DRAWN . RNID JD13 No R170294.00 FIF.I.D IIODK BLAIR 48 RZ... yiMNM29400-MDR Blair 121N MterftnEasement,Z Survey,O Mw ,9 1702N.EasemenFdng, on 514201712:46 PM. 2017 -0 23 17 PERMANENT EASEMENT The undersigned, Gateway Development Company, a Nebraska non-profit corporation, hereinafter called the "Grantor" in consideration of (One Dollar), ($1.00), the receipt of which is hereby acknowledged, hereby grants and conveys to the City of Blair, a municipal corporation, located in Washington County, Nebraska, hereinafter called "City", its successors and assigns, a permanent easement to construct and install a water main, for the purpose of transporting piped water across, through and under the land hereinafter described, together with the right to excavate and refill ditches or trenches for the location of said water main, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location. Said easement will be over and under the following described area: Tax Lot 286 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. See Attached Exhibit "A" This easement shall be subject to the following terms and conditions: 1. The points described above are subject to adjustment by subsequent agreement between the City and Grantor. 2. The Grantor hereby grants to the City, its successors and assigns, the right, privilege and authority to enter upon and pass over said property for the purpose of constructing, repairing, operating and maintaining said water main facilities upon the property above described. 3. The Grantor does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described; that it has good and lawful right to convey it or any part thereof; that it is free from encumbrance and it will, forever warrant and defend the title thereto against the lawful claims of all persons or entities whomsoever. 4. The City shall at all times exercise due care and diligence to avoid injury, loss or damage to structures or property of the Grantor, its successors and assigns for any and all loss, damage or injuries sustained to such property by reason of the construction, future maintenance, operation or reconstruction of said underground water main, or any part thereof. Page 1 of 5 5. This easement is binding upon the assigns and successors of the Grantor and shall be a permanent easement. 6. The above payment shall cover all damages caused by the establishment and construction of the above project. 7. This easement shall not pass, nor be construed to pass, to the City, in fee simple interest or title to the easement area. The Grantor shall have the reserved right to make reasonable non-structural uses of the easement area, which do not interfere with the City's rights under this easement. The Grantor warrants that no verbal or written representations or inducements have been made or given by the City or by any of its officers, agents or employees, other than as may be recited in this document. [THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] Page 2 of 5 IN WITNESS WHEREOF, the Grantor has executed this Easement the 2-Y day of r\ , 2017. GRANTOR: Gateway Development Company, a Nebraska non-profit corporation BY: GRANTEE: Citv of Blair . -Nebraska BY: STATE OF NEBRASKA ) )ss COUNTY OF ( (� ) On this N day of lts , 2017, before me, a Notary Public, qualified for said county, personally came ..i -ScVc of Gateway Development Company, a Nebraska non-profit corporation, known to me to be the identical persons who signed the foregoing instrument, and who acknowledged the same to be their voluntary act and deed. WITNESS my hand and Notarial Seal the ay and year last above written. GENERAL NOTARY -State of Nebraska w- Ii BRENDA R WHEELER My Comm. Exp. June 20, 2020 Notary Public STATE OF NEBRASKA )ss COUNTY OF ' 05N (\ ) On this Z' day of J (Ani 2017, before me, a Notary Public in and for said county and state, personally came Ta K.) of the City of Blair, and identical person who signed the foregoing instrument and acknowledged Page 3 of 5 the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of said corporation and by its authority. WITNESS my hand and Notarial Seal the day and year last above written. WGOWHAAL NOTARY -St ebraska BRENDA R WHEELER Notary Public y Comm. Exp. June 20, 2020 Page 4 of 5 Exhibit "A" Page 5 of 5 2017-0 P 317 PERMANENT EASEMENT CITY OF BLAIR VICINITY SKETCH WASHINGTON COUNTY NEBRASKA R -1 1-E z --1� 4-- GRAPHIC SCALE .pit 1 I ul ! II 511 11.1 2191 NOTE: ALL BEARINGS ARE ASSUMED. LEGEND 0MONUMENT POUND • MI)NUMENI'SL O CALCULATED POINT' DDEEDED DISI'ANCE (i GOVERNMENT DISTANCE MMI:ASURIiDDISTANCE PPLATTP.DDISTANCE IZ RECORDED DISTANCE DATE 5/l/2017 SCALP. "= 20(r DRAWN - RN40 JOO No. R170294.00 FIELD B(x)K BLAIR 98 HELI) NWIRK '- KT JEocousln[rrua P UX SHEET I oP 1 800.723.8567 DI.E NO. Omaha, NE 402.934.3680 000000-jeoxo(n J LEGAL DESCRIPTION: EAST LINE TAX LOT 286 A PERMANENT UTILITY EASEMENT FOR THE CONSTRUCTION, LOCATION AND MAINTENANCE OF A WATER LINE WITH APPURTENANCES AND ACCESSORIES LOCATED IN PART OF TAX LOT 286, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 20.00 FEET OF SAID TAX LOT 286, CONTAINING 4,500 SQUARE FEET MORE OR LESS. P.\—yil \UD294W-HDR Blah 121N Water A4aan EasementsVSSurvey\D-evnrl9s\170241.EasemenLdg, on54201712A5P%I. gffi�M' h