20220228 237 N 13th StWASHINGTON COUNTY NEBRASKA
Filed for record on March 22, 2023 at 09:59 AM
Instrument No. 2023-00663
(3 Pales)
v Carolyn Stodola, Register of Deeds
Recorded
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Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 16t�' Street, Blair, NE 68008 (402) 426-6694
EASEMENT
This Agreement made this 2. V day of F -t cttotrt j , 2023 by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor" and Concrete Equipment
Co. dba Astec Industries, 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:
Beginning at the northeast corner of Lot 1 of Block 22 of Blair, Washington County,
Nebraska; thence westerly along the north lot lines of Lot 2 and Lot 3 of said Block 22 to the
northwest corner of said Lot 3; thence northerly to the south edge of State Street; thence
easterly along the south edge of State Street to a point that is 17.5 feet north of said Lot 1;
thence southerly to the northeast corner of said Lot 1, this being the point of beginning.
Beginning at the southeast corner of Lot 1 of Block 22 of Blair, Washington County,
Nebraska; thence northerly along east lot line of said Lot 1 to the northeast corner of said
Lot 1; thence easterly to the west edge of 12t' Street; thence southerly along the west edge of
1211 Street to a point 27.5 feet east of the southeast lot corner of said Lot 1; thence westerly
to the southeast lot corner of said Lot 1, this being the point of beginning.
This easement is for the sole purpose of paving or hard surfacing municipal right of way to provide
vehicular parking. No modifications of such parking area shall be made without specific
authorization in writing from 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
Grantees shall remove such parking lot at their own expense. It is specifically understood and
0
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 and 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 and 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 parking lot 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 easement may not be assigned by the Grantee and the rights under this easement shall not run
with the land but shall terminate upon conveyance of the property adjacent to such right of way
which is owned by the Grantee.
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION, Grantor
BY/
Melinda K mp, ayor
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and states, personally came
Melinda K. Rump, 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 on behalf of said City.
WITNESS my hand and seal this V day of c.iorcj- ca4, 2023.
GENERAL NOTARY - State of Nebraska
BRENDA R WHEELER NOTARY PUBLIC
My Comm. Up. June 20, 2024
-
ASTEC INDUSTRIES,
I
f,
tee
Mike Hall for Concrete Equipment Co. dba Astec Industries
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
Before me the undersigned, a Notary Public in and for said county and states, personally came
Mike Hall, to me known to be the identical person who signed the above and foregoing Easement
as grantee and acknowledged the execution thereof of to be his voluntary act and deed.
WITNESS my hand and seal this ' 1 day of txrcJ-\ , 2023.
GENERAL NOTARY Sink of Nebraska
1 BRENDA R WFIEELER
MV C'0mirj. Fro lu ti 2o, 204
NOTARY PUBLIC