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2017 Water Main Project-Jim AndersonTEMPORARY CONSTRUCTION EASEMENT The undersigned Scott J. Anderson and Karna Dam; and Subject to a Life Estate in James O. Anderson, hereinafter called the "Grantor" in consideration of (One Thousand Forty Five Dollars), ($1,045.00), 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 287 in Section 14, Township 18 North, Range 11 East of the 6t" 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. The City agrees to pay Grantor for any damage to personal property, fences, livestock and growing crops and to take all reasonable steps to restore any land that was damaged after the original construction of the water main. It is further agreed that all claims for such damage shall be submitted to the City within 60 days of such occurrence; otherwise, it is agreed that said claim for damages shall be waived. 5. 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. 6. The above payment shall cover all damages caused by the establishment and construction of the above project. 7. The landowners and neighbors will be notified a minimum of one week prior to the start of construction. 8. Any disturbed area will be restored, seeded by drilling in pasture seed mix as sold by Bomgaars, and matted for erosion control after completion of the project. 9. The Grantee will work with Grantor to try and install water main and new fence while Grantor has no cattle in the pasture area affected. Should construction not be able to be completed after and prior to cattle in in pasture area, contractor shall do all diligence to make sure cattle cannot get out at any time. 10. The points described above are subject to adjustment by subsequent agreement between the City and Grantor. 11. 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. 12. 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 7,Zday of Q0 U:5-� , 2017. GRANTOR: Scott J. Anderson and Karna Dam; and Subject to a Life Estate in James O. Anderson BY: BY: GRANTEE: City of Blair, Nebraska BY: STATE OF IVGBnuRA-&K-A ) O I t I o.horncy, )ss COUNTY OF TaS ) On this i I Ek day of Aub usE , 2017, before me, a Notary Public, qualified for said county, personally came Scott J. Anderson, a married person, 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. NOTARY PUBLIC, State of Owahoma Commission #12009495 Texas County SHERRY MAWfHORNE ,:r Commission Eupiros I 0 3 WITNESS my hand and Notarial Seal the day and year last above written. STATE OF NEBRASKA ) )SS COUNTY OFI( j o�i12?Ju�- `�UA.cJthth Yu, Notary Public GENERAL NOTARY - State of Nebraska MATTHEW MUELLER My Comm. Exp. April 27, 2020 On this J day of vyvS y- , 2017, before me, a Notary Public, qualified for said county, personally came Karna Dam, a married person, 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 dray gyad'yea_r,1ast otary Public STATE OF NEBRASKA )ss COUNTY OFWLcLL(�,h0i) 0 On this day of - , 2017, before me, a Notary Public, qualified for said county, personally came James O. Anderson, a single person, Life Estate, 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. Notary Public GENERAL NOTARY -State of Nebraska II KATHERINE D LOUDNER My Comm. Exp. June 17, 2020 STATE OF NEBRASKA ) )ss COUNTY OF J ) On this _ day of must , 2017, before me, a Notary Public in and for said county and state, personally came I oL€461z- 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. 0 WITNESS my hand and Notarial Seal the da ar last above written. otary Public' M- ebraska UELLER 45714p. April 27, 2020 II GENERAL NOTARY State of Nebraska BRENDA R WHEELER My comm. Exp. June 20, 2020 TEMPORARY EASEMENT CITY OF BLAIR VICINITY SKETCH WASHINGTON COUNTY NEBRASKA R -II -E —14— — F GRAPHIC SCALE �,�tu I snw 50 100 NOTE: ALL BEARINGS ARE ASSUMED. LEGEND 0MONUMENTrOUND •MONUMENT SET O CALCULATED POINT D DEEDED DISTANCE G GOVERNMENT DISTANCE M MEASURED DISTANCE P PLATTED DISTANCE R RECORDED DISTANCE DATE B 5/4/2017 SCALE V= 20U DRAWN - RN40 1013 NO. RI70294.00 FIELD BOOK BLAIR N8 FIELD WORK KT 1EOCONSULTING GROUP INC SIIEET I OF I 800.723.8567 FILE NO. Omaha, NE 402.93q.3680 000000—.jeo.com a LEGAL DESCRIPTION: EAST LINE TAX LOT 287 A TEMPORARY UTILITY EASEMENT FOR THE CONSTRUCTION, LOCATION AND MAINTENANCE OF A WATER LINE WITH APPURTENANCES AND ACCESSORIES LOCATED IN PART OF TAX LOT 287, 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 287, CONTAINING 21,760 SQUARE FEET MORE OR LESS. P;�—yhg\170294A0- HDR Blair 12 IN Water Main Easements' Sv yOt-iN,11702 LEas¢menLM.g, on 6142 017 1 2:60 PM.