1004 Nebraska StWASHINGTON COUNTY NEBRASKA
Filed for record on April 25, 2023 at I t15 AM
Instrument No. 2023-01021
(3 Page
Carolyn Stodo a, Register of Deeds
Recorded
General
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Numerical
Photostat
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Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161" Street, Blair, NE 68008 (402) 426-6694
MARGIN ABOVE RESERVED FOR RECORDING INFORMATION
FENCE EASEMENT
This Agreement made this 29"'_ day of March, 2023, by and between the City of
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and
Nicholas & Jacqueline Ell, 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:
Beginning at the northeast lot corner of Lot 12 of Block 4 of Blair, in the Second Addition
to the City of Blair, Washington County, Nebraska; thence easterly 14.5 feet; thence
southerly 60 feet to a point that is 14.5 feet east of the east lot line of said Lot 12; thence
westerly to a point on the east lot line of said Lot 12; thence northerly along said east lot
line of said Lot 12 to the northeast lot corner of said Lot 12 the point of beginning.
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
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 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
f
Meli a K. Rump a r
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
i
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.
WITNESS my hand and seal this day of. 2023 .
GENERAL NOTARY - State 0'
Nebraska
BRENDA R WHEELER
e My r0mm. Fxp. June 20, 2024
NOTARY PUBLIC
Nicholas Ell, Grantee
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
queline b
11, Grantee
B .fore fne, the undersigned, a Notary Public in and for said county and states, personally came
0, ' 6-11 to me known to be the identical person
who signed the ove 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 2023..
GENERAL NOTARY - State of Nebraska �
CARRIE BUrrERY
® My Comm, Exp, dune 3, 2023
�4 0
NOTARY PUBLIC