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2017-08-25 Water Main Project with Jim AndersonWASHINGTON COUNTY, STATE OF NEBRASKA INSTRU:V.`NTNO. 2017-02771 'P[` a REGISTER Or DEEDS Recorded General Numerical Photostat Proofed Scannod PERMANENT EASEMENT 2617 AUG 2 5 PM 3: 10 I«t hz ._t . p�Ti REGISiq F D E tl--- DS ry ;C 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 Page Count 6 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.