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1303 Nebraska StWASHINGTON COUNTY NEBRASKA Filed for record on August 16, 2019 at 10:29 AM Instrument No. 2019-02352 ��t p 1 Pa es) Caro_lydn M Stodola, Register of Deeds Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 16th Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION DATE OF INSTRUMENT: August 14, 2019 AFFIDAVIT CORRECTIVE FENCE EASEMENT (To Amend Legal Description) (Previously recorded on June 14, 2019, Instrument No. 2019-01649) EASEMENT This Agreement made this 14th day of June 2019 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor" and Taylor Schrunk, hereinafter referred to as "Grantee". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: Fence Easement for Lots 1 & 2 & Part of vacated street, Block 18 City of Blair, Washington County, NE Beginning at the southeast lot corner of Lots 1 and 2 and part of vacated street right-of-way this being the point of beginning; thence northerly along the east lot line of said Lots 1 and 2 and vacated road right-of-way to a point 30 feet north of said southeast lot corner; thence easterly for a distance of 12 feet; thence northerly for a distance of 30 feet; thence westerly for a distance of 12 feet this point on the east lot line of said Lots 1 and 2 and vacated road right-of-way; thence northerly 52 feet along the east lot line of said Lots 1 and 2 and vacated road right-of-way to the northeast lot corner of Lots 1 and 2 and vacated right-of-way; thence westerly along the north lot line of Lots 1 and 2 and vacated road right-of-way to the northwest lot corner of said Lots 1 and 2 and ac 1 aright -of -way; thence southerly along the west lot line of said Lots 1 and 2 and va ted roa � htf of way to the southwest lot corner of said Lots 1 and 2 and vacated road right- ;` of yvay;'thepde eaf fly along the southern lot line of said Lots 1 and 2 and vacated road right -of - r ' wv� to the point ,of beginning. CITY OF BLAIR, NEBRASKA JJ r A Municipal Corporation By ?/ E ; �a t ti Brenda Wheeler, City Clerk (31 -neral _ E` Lniorical — Z - Photostat Proofed -- - ScanncJ - Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 16th Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION DATE OF INSTRUMENT: August 14, 2019 AFFIDAVIT CORRECTIVE FENCE EASEMENT (To Amend Legal Description) (Previously recorded on June 14, 2019, Instrument No. 2019-01649) EASEMENT This Agreement made this 14th day of June 2019 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor" and Taylor Schrunk, hereinafter referred to as "Grantee". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: Fence Easement for Lots 1 & 2 & Part of vacated street, Block 18 City of Blair, Washington County, NE Beginning at the southeast lot corner of Lots 1 and 2 and part of vacated street right-of-way this being the point of beginning; thence northerly along the east lot line of said Lots 1 and 2 and vacated road right-of-way to a point 30 feet north of said southeast lot corner; thence easterly for a distance of 12 feet; thence northerly for a distance of 30 feet; thence westerly for a distance of 12 feet this point on the east lot line of said Lots 1 and 2 and vacated road right-of-way; thence northerly 52 feet along the east lot line of said Lots 1 and 2 and vacated road right-of-way to the northeast lot corner of Lots 1 and 2 and vacated right-of-way; thence westerly along the north lot line of Lots 1 and 2 and vacated road right-of-way to the northwest lot corner of said Lots 1 and 2 and ac 1 aright -of -way; thence southerly along the west lot line of said Lots 1 and 2 and va ted roa � htf of way to the southwest lot corner of said Lots 1 and 2 and vacated road right- ;` of yvay;'thepde eaf fly along the southern lot line of said Lots 1 and 2 and vacated road right -of - r ' wv� to the point ,of beginning. CITY OF BLAIR, NEBRASKA JJ r A Municipal Corporation By ?/ E ; �a t ti Brenda Wheeler, City Clerk WASHINGTON COUNTY NEBRASKA Filed for record on June 14, 2019 at 03:17 PM Instrument No. 2019-01649 C���Jic�tn'\a.vVt C26'1yn M odola, Register of Deeds t worded — ✓ [f��n7erica! �_ Photostat Proofed c0anncd 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: 06-14-19 FENCE EASEMENT This Agreement made this 14 day of June , 20 19 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Taylor Schrunk . , hereinafter referred to an "Grantee". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: Lots 1 & 2 & Part of Vacated street, Block 18 1303 Nebraska Street 1 C t -k-1 01 61 GA*r I hI Gtr h t,�aJ fin (ot(n4,j For the sole purpose of the installation of a fence on municipal right of way. In no event shall the location of the fence be closer than three feet from an existing sidewalk or fifteen feet from the curb where there is no existing sidewalk. The exact location of the fence shall be approved by the Director of Public Works and City Administrator. No modifications of such fence shall be made without specific authorization in writing fiom the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove such fence at his/her own expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification to save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification to save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said fence and the Grantee shall further be liable to the municipality for any attorney fees, expenses or other expenses incurred in recovery of such damages. This grant of easement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns, and shall be perpetual in nature. City of Blair, Nebraska A Municipal Corporation Richard Hansen, Mayor STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and states, personally came James Real ph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this /14 day of.1C,�tE , 2W l G�BRENDA �ExP. 'Sof ! iebrasklLII HEELER me 20.2020 NOTARY PUBLIC Grantee STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) Grantee Before me, the undersigned, a Notary Public in and for said county and states, personally came Tn 10"- '!� d- (-- , to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and seal this / � day of .100-e- , 201q. gGENERAL NOTARY -State of Nebraska t { BRENDA R WHEELERMy Comm. Exp. June _0, 2020 NOTARY PUBLIC