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