2017-08-25 Water Main Project with Jim AndersonWASHINGTON COUNTY, STATE OF NEBRASKA
INSTRU:V.`NTNO. 2017-02771
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REGISTER Or DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scannod
PERMANENT EASEMENT
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REGISiq F D E tl--- DS
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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 (Nine Thousand Eight
Hundred Fifty Six Dollars), ($9856.00), 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 287 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:
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. The City agrees to pay Grantor for any damage to
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2017-02771
Page 1 of 6
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 and shall
be a permanent easement.
6. The City of Blair agrees that should the Grantor or any future assigns desire to
develop the property for residential lots that the City of Blair will work with said
grantor or assigns to relocate said water line, if necessary, and that upon relocation
of waterline to new right of way the City will terminate easement and abandon the old
waterline.
7. 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.
8. The City of Blair shall be responsible at all times in the future for the maintenance of
the trench area. Should Grantor or Assigns observe any future settlement, Grantor or
Assigns shall notify the Grantee, who shall have said repair completed, as soon as
possible.
9. As further compensation, the Grantee agrees to construct a new four (4) strand
barbed wire fence on the east property line to match the fence constructed on the
south property line.
10. The above payment shall cover all damages caused by the establishment and
construction of the above project.
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 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]
X117®02-7
Page 2 of 6
IN WITNESS WHEREOF, the Grantor has executed this Easement the ZZ day of
LAS -f- , 2017.
GRANTOR: Scott J. Anderson and Karna Dam; and Subiect to a Life
Estate in James O. Anderson
BY:
BY:
GRANTEE: City of Blair, Nebraska
BY:
STATE OF la64 )
OIUo.hovr�a.
)ss
COUNTY OF
On this 116- day of A! �+ , 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 PUBU- State of Oldchoma #12009495
rem County
SHERRY mHATORN®
My Commission Expires to Z
2017-012-771
Page 3 of 6
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
STATE OF NEBRASKA )
TMW
ebraska
�i/� p )ssLER
COUNTY O F �\� ) , 2020
On this day of f , 2017, before me, a Notary Public, qualified for said county,
personally came Karna 6am, 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 Nota
STATE OF NEBRASKA
)ss
COUNTY OF � irxV, YA)
On this (,,day of y���, 2017, before me, a Notary Public, qualified for said
county, personally came James (:. 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
KATHERINE D LOUDNER
My Comm. Exp. June 17, 2020
STATE OF NEBRASKA
)ss
COUNTY OF to )
On this 22 day of \J +&& , 2017, before me, a Notary Public in and for
said county and state, personally came cn ��,1A���
of the City of Blair, and identical person who signed the foregoing instrument and acknowledged
9,P17 - n., ? 771
Page 4 of 6
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 d
,,OWd yge last
® tary Public
GENERAL RY - Stag ebraska
MATT' UELLER
My Com p. ' 27, 2020
p GENERAL NOTARY -State of Nebraska
111t BRENDA R WHEELER
My Comm. Exp. June 20, 2020
2017 -92771
Page 5 of 6
PERMANENT EASEMENT
CITY OF BLAIR
VICINITY SKETCH
WASHINGTON COUNTY
NEBRASKA
R -1 1-H
—114— —
H
GRAPHIC SCALE
svlu ( �e1n
so�oo
NOTE: ALL BEARINGS
ARE ASSUMED.
LEGEND
0MONUMENT FOUND
•MONUMENT SET
O CALCULATED POINT
D DEEDED DISTANCE
G GOVERNMENT DISTANCE
M MEASURED DISTANCE
P PLATTED DISTANCE
R RECORDED DISTANCE
DATE
5/1/2017
SCALE
1 "= 200'
DRAWN
-
RMO
IOBNO.
RI70294.00
FIELD BOOK
BLAIR N8
JEO CON50CIING GROUP INC
800.723.8567
Omaha, NE 402.934.3680
—jeo.com e
FIELDWORK
KT
SHEET I OF 1
FILE NO.
000000
LEGAL DESCRIPTION:
EAST LINE
TAX LOT 287
A PERMANENT 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 STH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST 20,00 FEET OF SAID TAX LOT 287, CONTAINING 21,760 SQUARE FEET
MORE OR LESS.
PASurveylW%170294.00- HDR BWk 121N Water Main EasemeMs'8 Su yOmMV,\170294.EasemeM.da ,- 5.'4201712:49 PM.