Loading...
2022-08-16 Assignment of Easement for Water TowerWASHINGTON COUNTY NEBRASKA Filed for record on August16, 2022 at 02:40 PM Instrument No. 2022-02857 j$ Pages) Carolyn Stodola, Register Deeds WHEN RECORDED RETURN TO: Husch Blackwell, LLP 13330 California Street Suite 200 Omaha, NE 68154 Attn: Brent A. Meyer, Esq. Recorded General i Numerical 7— Photostat �— Proofed Scanned _ ASSIGNMENT OF EASEMENTS This Assignment of Easements ("Assi m�"), is made as of�i\ 19, 2022, by and between Papio-Missouri River Natural Resources District, a Nebraska political subdivision, ("Assignor"), and City of Blair, Nebraska, a municipal corporation ("Assignee"). WHEREAS, Assignor and Assign signed the Fourth Addendum to an Interlocal Cooperation Act Agreement ("Agreement"), which Agreement contemplates the conveyance of certain permanent easement rights, including, without limitation, the easements lying, being, and situate in the County of Washington, State of Nebraska. WHEREAS, the Assignor has certain permanent easement rights through the following instrument recorded with the Register of Deeds, Washington County, Nebraska: Permanent Easement recorded on June 29, 2004 in Book 441 at Page 147-15 1. Copy of the Easement is attached hereto as Exhibit A; NOW, THEREFORE, pursuant and subject to the terms of the Interlocal Agreement and in consideration of the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: I . Assignor hereby assigns, conveys and transfers to Assignee all of Assignor's rights, title, duties, obligations and interest in and to the Easements to Assignee, and Assignee hereby accepts such assignment and hereby assumes and agrees to be bound by the Easementsincluding all rights and liabilities of Assignor thereunder from and after the date of this Assignment and to perform all duties and obligations of Assignor under the Easements from and after the date of this Assignment. 2. Assignor and Assignee agree, on behalf of themselves and their respective successors and assigns, to do, execute, acknowledge, and deliver, or to cause to be done, executed acknowledged, and delivered, all such further acts, documents, and instruments that may reasonably be required to give full effect to the intent of this Assignment. 9 I IB: 4889-7954-5382.1 2022-02857 3. This Assignment is being delivered pursuant to the Interlocal Agreement and will be construed consistently therewith. This Assignment is not intended to, and does not, in any manner, enhance, diminish, or otherwise modify the rights and obligations of the parties under the Interlocal Agreement. To the extent that any provision of this Assignment conflicts or is inconsistent with the terms of the Interlocal Agreement, the terms of the Interlocal Agreement will govern. 4. This Assignment may be executed in multiple counterparts (each of which will be deemed an original, but all of which together will constitute one and the same instrument), and may be delivered by facsimile transmission, with originals to follow by overnight courier or certified mail (return receipt requested). 5. This Assignment and all of the provisions hereof will be binding upon and inure to the benefit of the Assignor and Assignee and their respective successors and permitted assigns. IN WITNESS WHEREOF, Assignee and Assignor have caused this Assignment to be signed by their respective and duly authorized officers as of the date first above written. P. D By STATE OF NEBRASKA ) ) ss. COUNTY OF SARPY ) RIVER NATURAL RESOURCES it subdivision of the State of Nebraska JOHN WINKLER, General Manager The foregoing instrument was acknowledged before me this $ day of J LX , by John Winkler as General Manager, on behalf of the Papio-Missouri River Natu •al Resources District. IN WITNESS WHEREOF, I have hereunto set my year last above written. N My Commission Expires: ,4pr► ,- 2 02 S [SEAL] to FIB: 4889-7954-5382.1 is Signature seal the day and 2022-02857 CITY OF BLAIR, NEBRASKA, a municipal corporation By RICHARD ANSEN Mayor ATTEST: STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this / Z day of , by Richard Hansen as Mayor, on behalf of the City of Blair, Nebraska. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. Notary Public Signature My Commission Expires: Unc Z0 [SEAL] GENERAL NOTARY - State of Nebraska BRENDA R WHEELER ��-=-' My Comm, Ezp, Jane 20, 2024 1-113; 4889-7954-5382,1 147 Olt JUN 29 All 11: 39 STATE OF NEBRASKA COUNTY OFWAVINGTONISS ciiaRrcrrr�, E;,;e ENTERED IN NUMERICAL IN EK AND FILED FOR R CORD THISOC*t) DAYOF AA20j2d °"�t.t+eIONcounrrxFgN ATJL'•2LO'CLOCK 9_ AND RECORDED IN BOOK ��iAi2NEDR. 14 iL AT PAG 147-1 1 COUNTY CLERK h n,t I n fi , 9 ��t -4h 41 VrV DEPUTY %�2Z ttLln2�.! PERMANENT EASEMENT and SUBORDINATION OF TRUST DEED In consideration of the payment by Papio-Missouri River Natural Resources District (hereinafter referred to as "the GRANTEE") of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, ORVILLE C. EICH and MARY X EICH, husband and wife (hereinafter referred to collectively as "the GRANTORS," do hereby grant to the GRANTEE, its successors and assigns, a perpetual easement (hereinafter referred to as "THIS EASEMENT") in, on, under, over, across and through the irregular, L-shaped parcel of land (hereinafter referred to as "the EASEMENT AREA") in Washington County, Nebraska, described in the written legal description attached hereto as Exhibit A and incorporated herein by reference. Pursuant to THIS EASEMENT, the GRANTEE shall have the following permanent easement rights in the EASEMENT AREA, to -wit: (1) the right to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove (a) pipelines for the transportation of water including, without limitation, storage tank overflow water, and (b) electrical, communications and utility cables, lines and conduits, together with all poles, valves, devices, connections, and other appurtenances thereto; (2) the right to use the EASEMENT AREA for pedestrian and vehicular ingress and egress; (3) the right to reprove from the EASEMENT AREA any structures, vegetation or other obstructions that interfere with the GRANTEE'S exercise of the rights granted by THIS EASEMENT, 2022-02857 148 The GRANTORS waive compliance by the GRANTEE with the notice and other provisions of the Uniform Procedure for Acquiring Private Property for Public Use (See, 25-2501, R.R.S. 1943, et seq., as amended). The GRANTORS, for themselves and for their heirs, successors and assigns, covenant and agree that they are the owners of the EASEMENT AREA and that they have good right and lawful authority to grant THIS EASEMENT over the same; that said premises are free and clear of all leases, mortgages, taxes and other liens and encumbrances, except easements and protective covenants now of record; and, that they warrant and will defend the GRANTEE'S title to THIS EASEMENT against all lawful claims and demands of all persons whomsoever, THIS EASEMENT shall not pass, nor be construed to pass, to the GRANTEE, any fee simple title to the EASEMENT AREA, The GRANTORS shall have the reserved right to make reasonable, non-structural uses of the EASEMENT AREA that do not interfere with the GRANTEE'S rights under THIS EASEMENT. The consideration hereinabove recited shall constitute payment in full for any and all damages caused by the GRANTEE'S exercise of THIS EASEMENT, THIS EASEMENT shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed THIS EASEMENT on this ._�) -a— day of = 2004. 1 - O 'VILLE C. ICH MARX K. IVH SUBORDINATION OF TRUST DEED IN CONSIDERATION of the payment by Papio-Missouri River Natural Resources District (hereinafter referred to as "the GRANTEE") of One Dollar ($1,00) and other good and valuable consideration, the receipt of which is hereby acknowledged, WASHINGTON COUNTY BANK, as trustee and beneficiary of the GRANTORS' Deed of Trust dated June 4, 1998, recorded June 5, 1998 in Record Book 283 at Page 616 of the records of the p. 0503o 2 148 249 Register of Deeds of Washington County, Nebraska, does hereby join in the above and foregoing grant of easement and agree that such Deed of Trust shall be subordinate to such EASEMENT. IN WITNESS WHEREOF, WASHINGTON COUNTY BANI{ has executed this SUBORDINATION OF TRUST DEED on this day of 2004. WASHINGTON COUNTY BANK By LQ, Z < l D V dc.e bac rQ<.�—b ACKNOWLEDGEMENTS S PATE OF NEBRASKA ) ) ss COUNTY OF l,� ��.� {,,,, ) On this day of S tl t _, 2004, before me, a Notary Public in and for said County, personally came the above-named ORVILLE C. ETCH who is personally known to me to be the identical person whose name is affixed to the above instrument, and he acknowledged the execution of this instrument to be his voluntary act and deed, GENERAL NOTARY -State of Nebraska .9-, , A 1 DOUGLAS A. DEMERS Nota Public My Comm. Exp. Jan. 24, 2005 ry STATE OF NEBRASKA j j ss COUNTY OF On this xz,-_ day of __\,, _, 2004, before me, a Notary Public in and for said County, personally came the above-named MARY K. EICH who is personally known to me to be the identical person whose name is affixed to the above instrument, and she acknowledged the execution of this instrument to be her voluntary act and deed. GENERAL NOTARY -State of Nebraska DOUGLAS A. DEMERS Nota Public My Comm. Exp. Jan. 24, 2005 Notary pweso3w 3 1.x4.9 ..... ••',\01., WASHINGTON COUNTY BANK By LQ, Z < l D V dc.e bac rQ<.�—b ACKNOWLEDGEMENTS S PATE OF NEBRASKA ) ) ss COUNTY OF l,� ��.� {,,,, ) On this day of S tl t _, 2004, before me, a Notary Public in and for said County, personally came the above-named ORVILLE C. ETCH who is personally known to me to be the identical person whose name is affixed to the above instrument, and he acknowledged the execution of this instrument to be his voluntary act and deed, GENERAL NOTARY -State of Nebraska .9-, , A 1 DOUGLAS A. DEMERS Nota Public My Comm. Exp. Jan. 24, 2005 ry STATE OF NEBRASKA j j ss COUNTY OF On this xz,-_ day of __\,, _, 2004, before me, a Notary Public in and for said County, personally came the above-named MARY K. EICH who is personally known to me to be the identical person whose name is affixed to the above instrument, and she acknowledged the execution of this instrument to be her voluntary act and deed. GENERAL NOTARY -State of Nebraska DOUGLAS A. DEMERS Nota Public My Comm. Exp. Jan. 24, 2005 Notary pweso3w 3 1.x4.9 150 STATE OF NEBRASKA ) ss COUNTY OF %n_ _ ) On this � 'A day of* O�Ae 2004, before me, a Notary Public in and for said County, personally came the above-named to A, pernv rS ;)'`)?resident of WASHINGTON COUNTY BANK, o is personally known to me to be the identical person whose name is affixed to the above instrument, and he acknowledged the execution of this inshument to be his voluntary act and deed as such officer of such bank. fl.103M. SHEILA M. DU1N ttsau�rraL My CWm EW. Sept. 5.2007 Notary Public 4 150 2022-02857 NW 1/4 SEC. 2EI-718N-RIIE _.yl kT-EAST-C.CNTER41NE_ POINT Or BEGINNING COUNTY ROAD P26 Z 2 ..17 28"E 20,40' j N89 51 DO w 128.56' SW 1/4 SEC. �28-TISN-R11E 25' 25' NE 1/4 SNE COR. SW IRI SEC, 26-TION-RIIE EC. 26-TISN-IE N84541.>2` W W7 S15'07'45"W 25.85' ig. SE 1/4 SEC, 26-TIBN-RIIE 100 $Ktv zi — N 8 .7 FFE SIMPLE l! -P -GAL )2EscR-Tprr.oN PERMANENT EASEMENT PERMANENT EASEMENT A TRACT OP [.AND E PRINCIPAL "TA""N�'W"A",ART OFT'.' 060U, NrSOTRIU` 20 WNS 18 NORTH, RANG = A,�Kj�EROFSZC"ON TO 1,1 OTON CSA Ip TH S 101VAST OF THE SI XTH TO TRACT BRING MoRp.FuLLy DES TaIlbASF LLOWS: rOMML-NCfNOAT'fl4nNOR'rFT"YrCokNnp,OFTET; 5OUTHWEST QUARTER OF SAID sEcnoN 26; T'-E`NCR ETC)RIN 89 DEORFPS 51 MINUTES ()G SCONDS WES 454.72 FV , ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF THENCE SOUTH IS DEGREES IT7 MTNUTPS 43 Sgco?,Mg WEST, A DrS LME OF COUNTY ROAD P26 AND THE TRUE POINT OF UEEIrNNTNO; TANCH OF 2�-Bli FEET TO A POINT ON THE SOUTH RICHT OF WAY T"KNCr SOUTH 13 DEGREES 07 MINUTES 45 SECONDS WEST, A DISTANCH or 124.18 FEET; THENCE SOIJT" 12 DEGREES 11 MINUTES 28 SECONDS WEST, A DISTANCE OF 284.68 PEST! THENCE Nogri-t 19 DEGREES S I MINUTES 06 SECONDS WEST, A DISTANCE OF 25.58 FEET; -n')ENCII NORTH 12 DEGREES 21 MINUTES 25 SECONDS EAST, A DISTANCE OF 290.70 PERT, TMENcl- 'NORTH 15 OnOREES D7 MINUTES45 SECONDS EAST, A DISTANCE OF 97.39 FEET: 7'jia*NCr NORTH 89 DEGREES 51 MINUTES 00 SECONDS WSST, A DISTANCE. or 128.56 FEET, THENCE NORTH 12 DEGREES 21 MINV7BS 28 SECONDS EAST. A DISTANCE OF 20.46, FEET THENCE UOLryll 89 DEGREES 51 MINUTES 06 SECONDS EAST, A DISTANCE OF 11111 FEET TO THE TRUE POINT OF nROTNNING. S klJ,) TRACT CONTAINS AN AREA OP 0,29 ACRES, MORE OR Lrss, WASHINGTON -COUNTY RURAL WA ELEVAnp RESERVOIR s,TE P 10 MISSOURI SOUR) RIVER NRO LEGAL DESCRIPTION EXHIBIT 'A' Mina U:gw A I S 0 C I —A I I �—$ $ ING. .Ma oWu. �:MWM4 151 ......... .