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2022-07-18 Transfer of Water Tower from Paplo NRDWASHINGTON COUNTY NEBRASKA Filed for record on August16, 2022 at 02:33 PM Instrument No. 2022-02856 1 Carolyn �todola, Reglsof eed� Recorded General Numerical Photostat , l Proofed Scanned When Recorded return to: Papio-Missouri River Natural Resources District 8901 S. 1541h Street Omaha, Nebraska 68138 Attn: General Manager SPECIAL WARRANTY DEED NEBRASKA DOCUMENTARY STAMP TAX Aug 16, 2022 Exempt -2 By: BA PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a political subdivision of the State of Nebraska ("Grantor"), in consideration of One Dollar and other good and valuable consideration received from the CITY OF BLAIR, NEBRASKA, a municipal corporation ("Grantee"), does hereby convey to Grantee, the following -described real estate (as defined in Neb. Rev. Stat. 76-201): See Exhibit "A" attached hereto Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that the real estate is free and clear from all liens, encumbrances,., restrictions and easements except for those matters described on Exhibit "B" attached hereto; (2) has legal power and lawful authority to convey the same; and (3) warrants and will defend the title to the, real estate against the lawful claims of all persons claiming the same or any part thereof by, tlu-ough or under Grantor. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] IIB: 4889-79S4.5382,1 2022-02856 Executed on this g day of 2022. PAP I -MISSOURI RIVER NATURAL RESOURCE DISTRICT, a political subdivision of the tate of braska By: Name: John G.inkler Title: General maker STATE OF NEBRASKA ) ) ss. COUNTY OF SARPY ) The foregoing instrument was acknowledged before me this ( S day of z: Y �, \, 2022, by JOHN G. WINKLER, General Manager of the Papio- Missouri R ver Natural Resources District, a political subdivision of the State/ljpbraska. � wsY�,,;AAWit CAGE Nov�c ri HB: 4889-7954-5382.1 is • ,.NN ••r..'r , 9L•^c, N8W8I R1TN-RIIE46 N6 COR, I 1 1 SEC. 29^71NN-ifa 1 E COUNTY F40A7'D• P26 _ 6 e� '�"[� �i6 �— '_• --.ROW ^ ._ — ` 71 SW 1/4 •�� `/fJJJ,�I %! 1 SE 141a4 SEC, 2a-Tl 8N-R11E SEC, 26-TN-R11E 2�'-...,�f,, " 25I f y! I b Q[CY f• f 1 ,.r•�+j3;D 'rte ,• "!,r_ ! 1 !' ''r✓ •"', •r"' POINT OF SEOINIPING •"'" y .r ",1. CCB j4cf73CJr,.+•,•�r, '', .F'ry � / FEE. SIMPLE ! � PERMANENT EASEMENT LBC�AL. DESIC1tIP'TIOtV � ! FIIII H3MPL73 A TLIAgT or I-4.340 BSfNU pART OF THB 60iJTiiWAST gVART'9R OF SECTION Ad, ToviNa31A• 10 NOMT3# RAN�yg, 1 1 BAHT OP TFTS 877LTF# PRTNC3.PAL M:iRIDiAN. WAHLi1NOTON COUNTY, N891tAHICA, dA1D TRACT a31NQ MOTS Ft3L1,Y DA9Cp,lI13YD A8 POLLOWRI COMM"CINO AT T"w NOATIDIAS'3" CORNAII OF TMn SOUTH Wu*T Q17ARTZA OF SAID tMOTION 261 'rRsiNC3I NORTH 09 DIIORIIIIb d 1 MINUTHS 06 SHOONba WAST. ALONO TNS NORTH [SNU OF 8AID QUAIRTISR HBQTION, A DIHTANE COF •10 a,3N RB ATI T I?tea wnY LYNvtrroR 33OUNTY ROAD pM 7jR'I1D TH6 WR�9T t O 1r oP WAY L10N$e qF;�iOHW%y Iy�Tl-lL' iNT'F.IRBAOMON oP THE bCU'CH' p]OIiT THBNCII *oUTIi 1a DBORIIRS 07 MINUTPB 43 SECONDS WIiST, ALONG MAID WHAT RIGHT OP WAY LnY,a, A DT8TANCa OF 130,27 FIEMT, '"'TUNC.FJ aou'3'I'i 11 DMORHHa 11 M1NUT29S 28 SECOND* WuNT, A DIHTANOk cap 27a,s97 F8"r To'r"M TIM114 POINT O>r ABO3NNINdy TIaENCS HOvrrx 12 D1'-CIa31136 21 MINLrraq 2e arcoNba WUST, A DYSTANCta OF 2oe,00 PUFF-rl 7'IIIINCC NORT" 89 DROR3E8 61 MIMrI•138 06 8IICON011 WART. A DISTANQB OF 233,00 FHETI TIIIINCE NOR'rl•1 12 OU43"98 21 MttYUTEB 28 SRCOND8 EAST, A DIBTANCS OF 20x,00 "MT, T*1214C73 SOUTT-r 119 DEORHRB a 1 MiNUTHS 06 SECONDS *AAT, A DISTANCE OF 239.00 "ST TO TRU TRV33 POINT OP HAOINN[NO, aA.ID TRACT CONTAINS AN ARIIA OF 3,09 Amm!$, MOR]3 OR LHgH, >lol..l WASHINGTON COUNTY RURAL WATER [LEVA'IC0 hW%Cr1V01R SItt P �q� PAPIO-MISSOURI RIVER NRD T..Ti NA f a o c 1'-W�T R 9 1 N •n..1 LEGAL DESCRIPTION cvawl0lw�,„arwM,caaP��N .,.c,,,,u EXHIBIT I A 4 2022--0 2 8 5 6 NW 1/4 I ML 1/4 SCO. 28-7ION-RITE SEC, 26 -71414 -RITE NC COR, SW 1/4 SEC, 20 -TION- IIC CENtERLI�IC POINT or OEGINNINO V1CST�EA9T g9�I. gg p,� _ COUNTY ROAD P7.F --Wed tJ 4SA,72'�W' �- - — 20.48' NB 2D 12R,oO' a . 7�v� r I SEC. Z71IT18N-Rill / T SCC, 28�-1ftlN-Rill 28' 61 1 rr � .b r r II h r 2I IyW � � r I / / I or,•W 7/ 2n,3sa' / If I FEE +IMPLE LEGAL DI3SCRJPTION 3 / PERMANENT EASEMENT PBRMA"NT EAAEMENT % A TRACr OF LAND V I rM PART OF TITE 0O17THWOSr QUARTER OF SECTION 20, 7.'01YNSI7TP 18 NORTH RANGE I I EAST Up THR SIXTH PRINr•IPAL hIt;RIDIAN, WA5HIN4YON COUNTY, N68RASKA, SAIq ITIACI' D2RJLi M ORR FU4LY DF�iCRTBEb AS F01.,OWa; COMMENc1N0 AT THE NORTIMABT CORNET OF THE SOUTHWOST QUARTER OF MID RECTION 26; THMNCE NORTH 99 DBORIi58 S 1 MTNUT6S OTi sMOND8 WEST, ALONG THE NOR11I LINE OP SAI D QUAR'T'ER 5COTION, A 010TANC6 OF 4$4,72 PEAT; 'r}TENCE 90UTH 0 DEORAM 07 MIN13T73S 43 2Atol M8 WEST, A DISTANCR OF 2.5,80 FLIRT TO A POWr ON TIM NOUTH RIORT OP WAY 34N8 or COUNTY ROAD Ptd AND TH8 T71UO POINT OF 8E01NNtN01 THRNOB SOUTH 11 DQORM 017 MINUTES 49 SI3CONDN W139T, A DISTANCR OF 124,18 PEP. r; THRNCE SOUTH 12 DhORI399 21 MINI -Mg 28 S&CONDO WEST, A DISTANCE OF 284,68 FEST; THENCE NORTH 89 DEORR89 S 1 MTNUTBS UO SCCOND9 WEST, A DISTANCE OF 26,58 FKT; TIIENCR NORTH 12 bECItR17C8 21 MINUTBS.28 SECONV6 bAEr, A DISTANCE OF 290,70 PF.R7'I THEM I. NORTH 13 IMOREl39 07 MTHIMS 43 36cOM)S EAST, A GIOTANCE OF 07.39 FBB15 THIANCE NORTH P9 DEG"Ma $1 MINUTBS 410 SECONDS WAST, A DISTANCR or 120,3d pear, 'TI1ENca NoR1.11 12 MQREES 21 MINUTER 20 SECONOS EAST, A b19TANCE Of 20.40 In38TI T}TO,NCb DoLq,H W) DRORnV$j 51 MINUTES 06 SIICONOS EAST, A DIS'rANcR OF 151.41 PUP, V r0'T71C TRUE POINT Or arGTNNINU, SAID TRACT' CONTAINS AN AREA OP 0,29 ACRES, MURK OP. LESS. /P" 9 $-bt g 41a .WASHING'ON COUNTY RURAL WATER EEVAM0-PESEnv0M vir PAPIO -MISSOURI RIVER NRb -,., LEGAL DESCRIPTION A 3 3 o caiIIi1i "�C 6M3 INC. WM'7:�» EXHIBIT 7 FID:4889-7954.5382.1 2022-02856 WASHINGTON COUNTY NEBRASKA Filed for record on August 16, 2022 at 02:40 PM Instrument No. 2022-02857 Caroly� �S �� j$ Pages) _ /� %may V todola, Registec�' rn`us WHEN RECORDED RETURN TO: Husch Blackwell, LLP 13330 California Street Suite 200 Omaha, NE 68154 Attn: Brent A. Meyer, Esq. Recorded / General Numerical e; - Photostat _ Proofed Scanned ASSIGNMENT OF EASEMENTS This Assignment of Easements ("Assi nig pent"), is made as of �k1 , 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 147-151. 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: 1. 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 Easements -including 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, FIB: 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. PAPIO-Ml OURI RIVER NATURAL RESOURCES DIS ICT, a olit' a) subdivision of the State of Nebraska By JOHN IMINKLER, General Manager STATE OF NEBRASKA ) ) ss. COUNTY OF SARPY ) The foregoing instrument was acknowledged before me this � 8 day of �i&Iy _, by John Winkler as General Manager, on behalf of the Papio-Missouri River Natu •al Resources District. e IN WITNESS WHEREOF, I have hereunto set my year last above written. / is Signature My Commission Expires; hpn\ S, 2ozs' [SEA] �Ca�N� '�1�I ��o fNb►atu. JUSTIN.00M 10 1-113; 4889-7954.5382,1 al seal the day and ri r CITY OF BLAIR, NEBRASKA, a municipal corporation i/ By (-- RICHARD PANSEN Mayor ATTEST: STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this / z day of J'" 4/ , 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, ul�— s Notary Public Signature My Commission Expires; 7S4nc Zee, ZO LLf [SEAL] I GENERAL NOTARY - 5tatofo Nebraska BRENDA R WHEELER MY Comm. Exp, June 20, 2024 FIB:4889-7954-5382.1 2022-02857 147 w"'�° 400403,414011JUN 29 Ail II+ 39 STATE OF NEBRASKA COUNTY OFWAMINOTONISB conn�rnet.rttcs; cN ENTERED IN NUMERICAL,I EK AND FILEDFORR CORD rHIB,Q ++) DAVOF KO, 204t tvAttttNU10NCOUNTyj:�ENn AT.rVOLOCKAND RECORDED IN BOOK N"at,atn,NEsa. T PA . LZiS I COUNTY CLERK _mot.— DEPUTY J "e^21 nv7 nr/„ PERMANENT BASEMENT and SUBORDINATION OF TRUST DEED In eonsideratlon 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 reoeipt of which is hereby acknowledged, ORVILLE C. RICH and MARY X. RICK, 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 "TEAS BASEMENT") 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 deseripHon attached hereto as Exhibit A and incorporated herein by reference, I'ursuanl to THIS, EASEMENT, the GRANTEE shall have the following pe►manent 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 remove from the EASEMENT AREA any structures, vegetation or other obstructions that Interfere with the GRANTEE'S exercise of the rights granted by THIS EASEMENT, pw10:Ohi t 4T 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 (Sea, 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 }lens 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 paas, 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-st uctural 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 §hall 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 onthis .,a.,_ day of. = ,2004, Z - zai -2-e�-Ea-�Y _ O MLLE CfICH ICH otl` 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 ($1,00) and other good and valuable consideration, the receipt of which is hereby acknowledged, WASHINGTON COUNTY DANK, as trustee and beneficiary of the GRANTORS' need of Trust dated Jun; 4, 1998, recorded Juno 5, 1998 In Record Book 283 at Page 616 of the records of the pry/Help 2 148 ?022-02857 149 Register of Deeds of Washington County, Nebraska, does hereby join In the above and foregoing grant of easement and agree that such Deed of Trust shall be subordinate to such EASEMENT, IN WITNESS WHEREOF, WASHINGTON COUNTY BANK has executed this SUBORDINATION OF TRUST DEED on this _a.,, day of r.'_ 2004. WASHINGTON COUNTY BANK By Q". r n w_ (Jo M pmSi V(ca P(WAaA""A- ACKNOWLEDGEMENTS STATE OF NEBRASKA ) ) s$ COUNTY OF ) On this _ as day of _� ,.„� , 2004, before me, a Notary Public in and for said County, personally came the above-named ORVILLE C. RICH 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, 6ENENAL NOTARY -Stile of Minh •QUA, 1 4 ,Q— _ POUaLAa A. PEMEnaNOte Public My comm, Eq. JN. 24, 2005 ry — STATE OF NEBRASKA ) )Ss COUNTY OFt On this day of _-� < , 2004, before me, a Notary Public in and for said County, personally came the above-named MARX' K. RICH 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 Icer voluntary act and (lead, p OENENAI NOIAl1Y•611I4 W Math •� _}I1Q� PPUt3LAa A. DEMEnB L �h-�"�' �� h My Gomm. Exp, Jan. 24, zoos Notary Public P wowia 3 149 ...,.�, . • . •.�... . .,. . • ......ih. , , �, r........ r....�.. n....ir•. ��. rA.......r/..... , ........... �...... •.. . 150 STATE OF NEBRASKA ) ss COUNTY OF ) On this A 9, day ol'_ Tap _ , 2004, before me, a Notary Public in and for said County, personally came the above-named las A. emt— I )VAresident of WASHINGTON COUNTY BANYC, Whho is personally known to me to be the identical person whose name is affixed to the ubove Instrument, and he acknowledged the execution of this instrument to be his voluntary act and deed as such officer ofsuch bank, MHR1LA:1*DU9KtAU616 8e 4e 200r Notary Public p OMA 4 150 2022-02857 NEC,NW 20-TION-R11E Nk 00R. SW I//4 I BEC, 26- YION-R11E POINT DP BEOINNINO SEC. 20-1ION-hIIE 1 COUNTY ROAD P26 Rea 'r. /�•+.-�- MDAl36I,72`w' " •`• "-' • ' GW 1/4 BEG, 2B -7T nN-R,IE I 1 BE 1/0 N , I SEG, 2R -T eN-RILE 2D' 29' r R I � r IGlii FEg SIMPLE y.E{Ci x.1J�BC1tTPT1,ON r� PERMANENT EASEMENT FBRMANONT BASOMENT A TRACT I. LANb BHIND FAART Op THB 80UTH WE8T' QQVMTGR Op SECTION a6, T'OWN6(IlP ! 6 NORTH RIINOB I I BAST Op THE SIXTH PRMCIPAI.M,ORIDIAN, WA6HINOTON COUNTY, NRBRA61fA,RAID TRACTMEMO MORR PULLYp&9CRFBG AS 11 BASTO COMMENCMO AT 7116 NORYHOABT CORNGR OP TUR 80UTNWBST QUARTER OF SAID 88CTION 261 THDNCR NORTH 10 DBORRRB 1 D41NUTB9 06 aFAONDa FRETI WBOT, ALONG THE NORTH LING OF SAID QUARTER STICTION, A DISTANCB OF 7HUN TUER pNCB SOUTH 16 DUORAM 07 MM THN 43 6BCON09 WEST A DISTANCR OF 2,1,68 P)IRT TO A POINT ON TAB SOUTH RICIIT OP WAY LMF COUNTY ROAD P26 AND PIK YRUG POINT Or bEgl"IN01 TN/1NCO BOUT" ID DBOR33B901 MrNU•IE84S SECONDS %MT, A DISTANCR Op 124,11 FEBry T"I'MU SOUTH 12 DUORBO931 MMUTBB 21 SRCQNDS WAST, A 019TANtXB OF284,d1 pB9Tl THBNCB NORTH IF DEORHOS.1I MMUTB606 SECONDS WBST, ADI9TANCB Op 2$,,18 FRKTi THBNCB NORTI 112 DSOR906 a I MINVTB6 28 SECONDS BABT, A DISTANCE OP 29o,70 pRRTI 711BNCR NORTH 17 040RB08 01 MMOTBS 43 BBCONDS BAST, A DIOTANcd Or 4T.7F PBBT, 7116NCR NORTH 60 DBOkUR3 411 MINUT88 06 WINDS IMUST, A DISTANOH DF 121,56 FORT, TI'RMCU NORTH 12 bOORRBS al MINUTES 26 5ECON06 BAST, A M14TANOn OP 30,•16.PGGTi "113NCB 80UT'1i SF bpORBGe S I MINIMS 06 860OND6 CAST, A DISTANCH or I SSA 7 PR4r TO THR TRUO POINT OF BROWNING, SAID TRACT CONTAINS AN ARM OF 0,2F ACRES, MORE OR LMS, ^' eR•1 WASHINGTON COUNTY RURAL WATER O :; m S• ' EMA799 Mvlyain snc N a p /A.0 PAPIO—MISSOURI RIVER NRO TTG"Ti,�•�� +,/a LEGAL DESCRIPTION " A• t au I4rwr E 1 1 N v, .�m<tao �,tl rloAnrv,a INn„ Wli ,kIM El XHTBiT 6 A 1 1 2022-02857 Allem Schoemaker From: Desirae Solomon <desirae@desiraesolomonlaw.com> Sent: Wednesday, July 6, 2022 4:19 PM To: Meyer, Brent; Allen Schoemaker; Rodney Storm Subject: Re: City of Blair- Papio-Missouri River Natural Resources District - Addendum to Interlocal Agreement Hi Brent: I was able to review everything. I see the warranty deeds and permanent easements are attached to your email so that the legal descriptions should be good to go in the Exhibit A and Exhibit B that are on the 4th addendum. If NRD approves, shoot me an email. We are having our City Council approve on July 12 2022. Sorry I missed your call- I was out with the holidays. Let me know if you have any questions Desirae M. Solomon Attorney at Law 13215 Birch Drive, Suite 103 Omaha, NE 68164 (402)578-4260 desirae@desiraesolomonlaw.com On Thu, 30 Jun 2022 at 11:46, Meyer, Brent <Brent.Meyer@huschblackwelLcom> wrote: Ms. Solomon, I left you a voicemail regarding this project. My firm serves as legal counsel for the Papio-Missouri River Natural Resources District (the "P-MRNRD"). The P-MRNRD owns and operates the Washington County Rural Water System #2. The P-MRNRD, the City of Blair and Washington County entered into an Interlocal Agreement to design, construct, connect and operate the system back in 2004. The parties have amended the Interlocal a few times over the years, including the parties mutually agreeing that Washington County would no longer participate in the project. I am reaching out to you because Justin Novak, with the P-MRNRD, and Al Shoemaker have discussed transferring ownership rights of the water tower and the connecting lines to the City of Blair. Justin asked me to prepare an addendum to the Interlocal Agreement to accomplish this transfer. Under the original agreement, the City of Blair was take ownership when the debt service of the revenue bonds was paid off (Original Interlocal Agreement, para. 30). However, P-MRNRD and the City of Blair now agree that it would be best for the City of Blair to take ownership because it is already responsible for the water tower maintenance. I am <a,taching the proposed Fourth Addendum, the Original Interlocal Agreement, the previous addenda and relevant deed and easement. After you have had a chance to review and discuss with Mr. Shoemaker, please give me a call. The Board of Directors for the P-MRNRD will have to approve this addendum. Our goal is to present this addendum to Board in July. It would be appreciated if you could let us know by July 11th if the City is generally okay with idea of transferring ownership. Thanks! Brent A Meyer Partner HUSCH BLACKWELL LLP 13330 California Street, Suite 200 Omaha, NE 68154 Direct: 402.964.5039 Mobile: 770.301.1363 Brent. Meyer@huschblackwell.com huschblackwell.com View Bio I View VCard Connect with Brent: Linkedln M THIS FOURTH ADDENDUM (hereinafter referred to as "THIS ADDENDUM") amends the INTERLOCAL COOPERATION ACT AGREEMENT (hereinafter referred to as "THE AGREEMENT") relating to the WASHINGTON COUNTY RURAL WATER PROJECT NO.2 (hereinafter referred to as "THE PROJECT") that was executed in 2003 pursuant to the Nebraska Interlocal Cooperation Act, Sections 13-801 to 13-827 R.R.S. 1997, et seq., by and among the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a subdivision of the State of Nebraska (hereinafter referred to as the "NRD"); the CITY OF BLAIR, a municipal corporation of the State of Nebraska (hereinafter referred to as the "CITY"); and, the COUNTY OF WASHINGTON, a subdivision of the State of Nebraska (hereinafter referred to as the "COUNTY"). The NRD and the CITY are hereinafter referred to collectively as the "PARTIES". WHEREAS, THE AGREEMENT was originally entered into between the NRD, CITY and COUNTY. WHEREAS, the NRD, CITY and COUNTY mutually agreed to terminate the COUNTY's participation in THE AGREEMENT and the COUNTY's status as a party to THE AGREEMENT. 1 HB: 4889-7954-5382.1 WHEREAS, the CITY and NRD agreed to proceed under THE AGREEMENT as amended. WHEREAS, the PARTIES desire to modify THE AGREEMENT through THIS ADDENDUM to transfer ownership of certain real and personal property for the PROJECT. 1) THE AGREEMENT is amended as follows: Paragraph 30(a) is deleted in its entirety and replaced with the following: a) The NRD shall own all portions of the PROJECT except WATER TOWER, the WATER TOWER SUPPLY MAIN, and the POINT -OF -DELIVERY vault and the equipment therein (such WATER TOWER, the WATER TOWER SUPPLY MAIN, and the POINT -OF -DELIVERY are herein collectively referred to as the "CITY PORTIONS OF THE PROJECT") Paragraph 30(c) is deleted in its entirety and replaced with the following: C) The NRD shall grant and convey to the CITY all property rights to the CITY PORTIONS OF THE PROJECT, as built, and the sites thereof through a deed in substantially similar form as Exhibit "A" and assignment of easement in substantially similar form as Exhibit "B" upon the execution of THIS ADDENDUM. 2) Except as modified by THIS ADDENDUM or previous addenda, THE AGREEMENT is ratified and confirmed in all respects 3) THIS ADDENDUM shall become effective upon its execution by all PARTIES. 2 HB: 4889-7954-5382.1 IN WITNESS WHERE, OF I THIS ADDENDUM is executed by the NRD on Skkk�, 19, 2022. 01: i t WER 01110VI'll Lm mmmaw.'= THIS ADDENDUM is executed by the CITY on 12- _, 2022. CITY OF BLAIR, NEBRASKA By Mayor Attest: City Clerk 3 HB: 4889-7954-5382.1 EXHIBIT "A" NB: 4889-7954-5382.1 When Recorded return to: Papio-Missouri River Natural Resources District 8901 S. 154t1i Street Omaha, Nebraska 68138 Attn: General Manager PATIO -MISSOURI RIVER NATURAL RESOURCES DISTRICT, a political subdivision of the State of Nebraska ("Grantor"), in consideration of One Dollar and other good and valuable consideration received from the CITY OF BLAIR, NEBRASICA, a municipal corporation ("Grantee"), does hereby convey to Grantee, the following -described real estate (as defined in Neb. Rev. Stat. 76-201): See Exhibit "A" attached hereto Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that the real estate is free and clear from all liens, encumbrances, restrictions and easements except for those matters described on Exhibit "B" attached hereto; (2) has legal power and lawful authority to convey the same; and (3) warrants and will defend the title to the real estate against the lawful claims of all persons claiming the same or any part thereof by, through or under Grantor. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 HB: 4889-7954-5382.1 Executed on this day of �y.l, 2022. PAPI - SOURI RIVER NATURAL RES O URGE DIS'T'RICT, a political subdivision of the tate of braska.,, By: Name: John G. Ainkler Title: General Mhna= STATE OF NEBRASKA ) ss. COUNTY OF SARPY ) The foregoing instrument was acknowledged before me this It day of , 2022, by JOHN G. WINKLER, General Manager of the Papio- Missouri Natural Resources District, a political subdivision of the State/N,pbrasica. 6 HB: 4889-7954-5382.1 N 4,'1 /4 SEC. 28- N8N-RIH7 WEST -FEAST CENTERLINE POINT Or BEGINNING COUNTY ROAD P26 5 19?5. 4p7. . —ROW SEC. 28-TI6N-R1lc 24.45' Na 454.12 1213,66 $15'07'45"W 20' SW 1/4 SEC. 26-TIBN-RlIF SE 1/4 SEC. 26-TIEN-R1IE 25' 25' z It ro so 100 zoo Ml /7" '.2558' .4L. Il I FEE SIMPLE LEGAL DESCRIPTION PERMANENT EASEMENT PFRMANITNTr,"13I,MNT RANGE I I EAST OF THE SIXTH PFUN rl PAL hirRCDTAN, WASH J?,,QTON couNry, N98RASK A. $A IP IILACT DR"4G MORE FULLY DESCRIiErj AS FOLLOWS: OWS: COMMENCTNO ATTHE NORTITRASTCORNM OF Tun SQUTjjNVEST QUARTER OF SAID SECTION 26; MINUTES ()6SECONDS Wr!ST, ALONG THF. NORII,T LINT- OVSAI r)QrJARTBRSFCrl(,N,ADISTANCE O, 454.72 FEET; THENCE sOuTT-r IS DLOILT'rs 07 %qNUTES 43 SECONDS WEST, A DISTANCE OF 25.88 FEET TO A POTN'T ON ME .50VM RIGHT Or WAY 1.1NF ov cauNry ROAD P26 AND T39F TRUE Mrrr OF aEQTNNtNGj 'rHPWCF SOUTH 15 DEGREES 0-7 MINUTES 45 SrCOND$ WEST, A DISrANC;9 OF 124.13 FEET; THENCE SOUTH 12 DEOPME9 21 MINVMS 28 SECONDS WEST, A DISTANCJi OF 2114,48 FEET: THENCENC)ETH 89 DEog"S 51 MM JTVS 06 SECONDS WEST, A DIST*ANCa or 25.59 FEET: TIlSNNCr- NORTH t 2 tMORRIIS 21 1.TINU`r55 a SECONDS bAST, A DISTAN17E OF 290,70 PoEETt THENCE NORTH 13 OPORFES DIVINUTES 46 SECONDS EAST. A DISTANCE OF 97,39 FEET: THENC13 NORTH 89 DnomAr�S S1 MINUTES (IC' SECONDS WP -ST, A DIST'ANCP OF 120,56 FEET; '"_JENCp NORT'l' 12 DECREES 21 MINUTES 28 SPCOMOSBAST, A r);STANCE OF 20.46 FEMT; THENCE SOUTH 89 DEGREES 51 mTNLrjES 06 SpCONT)S EAST, A DIS*FA14CF OF 155.47 IzF.pr TO THE TRUE pOTN p 07 DE .GTNNNG SAID TRACT CONTAINS ANAR. EA OF 0, ACRES, MOILS OR LESS, COUNTY NTY RURAL WATER ][1),H]P C ueelronc ,,,r RIVE WASHINGTONN-COUNTY RURAL DHP E� Ap ATER LEVA7E[) RESF:AVOR sr�E 10 -M� (j Iv TIO A I P p APIO-WSSOURI RI\VE,;? NRO A ESS 0 c I f _E S —IN 0 LEGAL DESCRIPTION EXHIBIT 4 A HB: 4889-7954-5382.1 NE 1/4 SEC. 26-'YI6N-R11E: NE COR, SW 1/4 SEC. 28-TI6N-R1lc 454.12 $15'07'45"W SE 1/4 SEC. 26-TIEN-R1IE V5, z It ro so 100 zoo Ml /7" '.2558' .4L. Il I FEE SIMPLE LEGAL DESCRIPTION PERMANENT EASEMENT PFRMANITNTr,"13I,MNT RANGE I I EAST OF THE SIXTH PFUN rl PAL hirRCDTAN, WASH J?,,QTON couNry, N98RASK A. $A IP IILACT DR"4G MORE FULLY DESCRIiErj AS FOLLOWS: OWS: COMMENCTNO ATTHE NORTITRASTCORNM OF Tun SQUTjjNVEST QUARTER OF SAID SECTION 26; MINUTES ()6SECONDS Wr!ST, ALONG THF. NORII,T LINT- OVSAI r)QrJARTBRSFCrl(,N,ADISTANCE O, 454.72 FEET; THENCE sOuTT-r IS DLOILT'rs 07 %qNUTES 43 SECONDS WEST, A DISTANCE OF 25.88 FEET TO A POTN'T ON ME .50VM RIGHT Or WAY 1.1NF ov cauNry ROAD P26 AND T39F TRUE Mrrr OF aEQTNNtNGj 'rHPWCF SOUTH 15 DEGREES 0-7 MINUTES 45 SrCOND$ WEST, A DISrANC;9 OF 124.13 FEET; THENCE SOUTH 12 DEOPME9 21 MINVMS 28 SECONDS WEST, A DISTANCJi OF 2114,48 FEET: THENCENC)ETH 89 DEog"S 51 MM JTVS 06 SECONDS WEST, A DIST*ANCa or 25.59 FEET: TIlSNNCr- NORTH t 2 tMORRIIS 21 1.TINU`r55 a SECONDS bAST, A DISTAN17E OF 290,70 PoEETt THENCE NORTH 13 OPORFES DIVINUTES 46 SECONDS EAST. A DISTANCE OF 97,39 FEET: THENC13 NORTH 89 DnomAr�S S1 MINUTES (IC' SECONDS WP -ST, A DIST'ANCP OF 120,56 FEET; '"_JENCp NORT'l' 12 DECREES 21 MINUTES 28 SPCOMOSBAST, A r);STANCE OF 20.46 FEMT; THENCE SOUTH 89 DEGREES 51 mTNLrjES 06 SpCONT)S EAST, A DIS*FA14CF OF 155.47 IzF.pr TO THE TRUE pOTN p 07 DE .GTNNNG SAID TRACT CONTAINS ANAR. EA OF 0, ACRES, MOILS OR LESS, COUNTY NTY RURAL WATER ][1),H]P C ueelronc ,,,r RIVE WASHINGTONN-COUNTY RURAL DHP E� Ap ATER LEVA7E[) RESF:AVOR sr�E 10 -M� (j Iv TIO A I P p APIO-WSSOURI RI\VE,;? NRO A ESS 0 c I f _E S —IN 0 LEGAL DESCRIPTION EXHIBIT 4 A HB: 4889-7954-5382.1 EXHIBIT 661355 HB: 4889-7954-5382,1 WHEN RECORDED RETURN TO: Husch Blackwell, LLP 13330 California Street Suite 200 Omaha, NE 68154 Attn: Brent A. Meyer, Esq. This Assignment of Easements ("Assi n1� Hent"), is made as of Ji11, 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 147-151. 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: 1. 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 Easements, including 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 fiu-ther acts, documents, and instruments that may reasonably be required to give full effect to the intent of this Assignment. 9 HB: 4889-7954-5382.1 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 patties 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. PAI DIS STATE OF NEBRASKA ) ) ss. COUNTY OF SARPY ) RIVER NA'T'URAL RESOURCES Ed subdivision of the State of Nebraska JOHN 'MINKLER, General Manager The foregoing instrument was acknowledged before me this $ day of 'j w , 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. / Signature My Commission Expires: ' 1 _5-.202.E [SEAL] 10 H13: 4889-7954-5382,1 seal the day and EXHIBIT "A" to ASSIGNMENT OF EASEMENT ASSIGNED EASEMENT 12 HB: 4889-7954-5382.1 CITY OF BLAIR, NEBRASKA, a municipal corporation By RICHARD ANSEN Mayor Iw STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was aclalowledged before me this / Z day of _16i Az , 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. l� Notary Public Signature My Commission Expires: [SEAL] GENERAL NOl'ARY - 5iata o Nf ebraska BRENDA R WI -FEELER --� -� MY Gomm, Exp, June 2p, 2024 11 HB: 4889-7954-5382.1 WASHINGTON COUNTY NEBRASKA Filed for record on August16, 2022 at 02:33 PM Instrument No. 2022-02856 Wage) Carolyn Stodola, Register of eect Recorded _7� General Numerical Photostat _ Proofed Scanned 7 When Recorded return to: Papio-Missouri River Natural Resources District 8901 S. 154`" Street Omaha, Nebraska 68138 Attn: General Manager SPECIAL WARRANTY DEED NEBRASKA DOCUMENTARY STAMP TAX Aug 16, 2022 Exempt -2 By: BA PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a political subdivision of the State of Nebraska ("Grantor"), in consideration of One Dollar and other good and valuable consideration received from the CITY OF BLAIR, NEBRASKA, a municipal corporation ("Grantee"), does hereby convey to Grantee, the following -described real estate (as defined in Neb. Rev. Stat. 76-201): See Exhibit "A" attached hereto Grantor covenants with Grantee that Grantor: (1) is lawfully seized of such real estate and that the real estate is free and clear from all liens, encumbrances,. restrictions and easements except for those matters described on Exhibit "B" attached hereto; (2) has legal power and lawful authority to convey the same; and (3) warrants and will defend the title to the real estate against the lawful claims of all persons claiming the same or any part thereof by, through or under Grantor. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] FIB; 4889-7954-5382.1 Executed on this g day of YA1 , 2022. PAPIQ--N1tKS0UR1 RIVER NATURAL RESOURCE DISTRICT, a political subdivision of the tate of braska., STATE OF NEBRASKA COUNTY OF SARPY By: Name: John G. Title: General ss. er ger The foregoing instrument was acknowledged before me this 100 day of , 2022, by JOHN G. WINKLER, General Manager of the Papio- Missouri Over ral Resources District, a political subdivision of the State /N, cie�r� pry • � a"' rw� JUSTIN t o m 0 . 0 FIB: 4889-7954-5382.1 ublic ",W I /4 I NE T/4 SEC. 26-Tl6N-Rl1E 4 6%�I NE COR. '-W l/4 I SEC. 26-T16N-RILE ■■ SEC. 26- Tl SN -R I 1 E WEST --EAST CENTERLINE _ _ _•- ROAD A26 $i 6'07'45 W—N6428.6 COUNTY ROAbV • =pf--- — •— . — .- -- —ROW _. SW 1/4 { .. •/ o / SE I/4 SEC, 26-TI6N-RI tE i� /I SEC, 2S-TISN-RILE ze• —� ",- 25' / I i A�W I FGCi /• •• / / � r SE9'S, •D�' � _ '%_• POINT OF BEGINI/11NG +••N S9•S1`D6`W'•A 233,00' / ��,•" FEE. SIMPLE c/ PERMANENT EASEMENT L�iGAL L��SCRIPTIID"N Ia• / FEE SIMPLE P1 T?'4C7P OF nXIID AW. W PART pF T[78 T30UTHWEST gUARTBR OF SECTION 2d, TOWNSI-lur 1- NORTH' 13D As 1 I BAST s P TTT7i SIXTH PRINCIPAL MIIRIDTAN. WASH]'NGTON CbLiNTY, NEHRA9IL1.• SAID TRACT HBINO MORS PULLY DRSCA,�II ISD AS FOLLpWSi COMMBNOINO AT TTiF_•-KORTHUAST CoRN$Ii OF THE SO'I.J'27iWEST QUARTER OF SATO 513071ON 26; 'rI4>3NCE NORTH 89 .DEOREES S 1 MTMUT33S 06 SECONDS WEST, AI -ONO THS NORTH XJNL• OF SAID QIJAXkTER SECTION, A DISTANCE OF 4471.114 FE13T, U-HE?gCE SOLrril 15 DEGREES 07 MCNI.ITES 43 S13CONDS WEST, A OTSTANCE OF 25.A8 RBST TO THE iNTT-tRSB017ON OF THE SOUTH RSOT;TT OF WAY LINE bP COUNTY ROAD P26 AND THE WAST MOAT OF WAY LINE OF I-IIOHWAY 133: TTTBNCI3 SOU -M-1 15 DEGREES 07 MrNUTES 45 313COND8 WUST, ALOWO SAID WRS-r R'O[IT OF WAY Lnl-,F1, A DTS•rANCE OF 130.27 FEET; 'T'TTENCU SOU'i:K 12 DCOxATS 21 NRNUTES 28 SECONOS WEST, A DISTANCU OP 278.67 FEET TO T ,w- TRiJE FOINT OF BEORYNINO; TI-TISNCE SOUTT•I 12 DEG7uA1:S 21 MINUTES 28 SECONDS WP -ST, A 33T9TANCE OF 208,00 P$PTI 7'TIENCE Np1iTEi 89 DEORMES 51 MITRrrgS 06 SECONDS W ISST. A DISTANCE OF 233.00 FRETA TITENCE NORTT-I 12 DUOREES 21 MrNUTES 28 SECONDS EAST,.A DISTANCI3 OF 208,00 FEET; 111HENC.B. SOUTT-r R9 DEOTU3Es 51 MINUTES 06 SECONDS EAST. A DIS'T'ANCE OF 233.00 "ST TO 77ZU TRUR FOTNT OF RnC3 NNTNO, SID TATRACT CONTAINS AN AREA OF 1,09 ACRPS, MORE. OR LUSS, -• Q m a,o1•• <•� WASHINGTON COUNTY RURAL REVATEO ...r FI—R 511. PAP10-MISSOURI RIVER NRD LEGAL DESCRIPTION WATER DWP a,CAC R •. ��'` •� A S S O c I g T E s 1 N C. [IgNCGW6 M�9ni�CTUR a�►,wvC�tRp d dl•�,R EXHIBIT 'A' NW 1/4. I NE 1/A SFC. 26-715N-IZIIE SEC. 26-7113N-RIIE: NE COR. Sw 1/4 T -EAST CEN _.YF,5�, , PUNT or BEGINNING —NaIX51,p SEC, 26--TI6N-RI1E W, COUNTY ROAD P76 C 454,7 -RQW- - — — — , 7'45"W I;- 2 5.88' 20,46 20'1 SW 1/4 SEC, Zfi-TlBN-RIIF SE 1/4 iD SEC. 26-111IN-R11E 25' F3 t FEE SIMPLE LEGAL DESCRIPTION x f r PERMANENT FA I SFMFNT PURMANOINT EASENCF,NT A I -RAC -V OrLAND BEING PART OrTHE SOtrFHVfRS-rQuARrER or SECTION 2"'()%vNSI'ITP 18 NORTH, RANGE I I EAST OFTHE, SlXrH PRINI-!IPAL M13R.TDIAIJ, WASHjNC,'O-O)N coUNry. Nagk&SKA.SATO TRAGI' BEING MORF MOLLYDESCRIBROAS FOLLOWS: C0MmHNcrr-JO ArTHE NORIITSASTCORN"OFTyin SOUrllWEST QUARTER QF SAM SECTION 26; TIIFNCK NORT14 go DpjRF AS4.72 FERT; r�s 51 MMjTL8 a, SFICOI'MS WEST, ALONG THE NORTII LtN'R 01? SA -11) QUART73R SEC710N, A OTSTANC,,E OF THENCE SOLFFF t.5 DEGRENs 07 y4TNUTVS 45 St4--QNT)S WEST, A D[STAN(--F OF 2-5.88 I -LILT TO A PEUrr ON THE SOUTH RIGHT Or WAY LINE OF COUNTY ROAD P26 AND THE TRUSMTW OF SEViFNNtN(Jl 'rHFN(-E SOUTH 15 DEGREES al MINUTES 45 Sr(,'ONE)$ WIBST, A DISTANCH OF 124A8 FERr; THENCE SOUTH 12 DLORnEg 21 VD-flTEs 28 %Ec(-)Nv)s WEST, A DISTANC.E OF 284.68 FFKT: THENCE NOR I -H 89 DROR"IS 51 MFI IT" 06 SECONDS WEST, A, DISTANCE OF 25.58 FEET; "ICNCYI NOR TRI t2 DLOIRRUS 21 M)NLFFIj, 28 Sr _CONT.) S bAsr, A DISTANCE OF 290.70 PERT: HENCT, NORTH 15 DrIORELS 07 NYINITFES 41 SECQN`L)S EAST, A DISTANCE OF 97.39 Ffib'h `r"SNCI3 NORTH 99 DEORAFS 5 1 MINUTES (14 SECONDS Wfi-ST, A DISTANCE Or 128,56 FEET; IIIE'NaS NOR l" 12 r)pqlkFES 21 Y"NUTTS 28 SECONDS EAST. A DISTANCE Or 20.40 FEET; TM?'XL SOUTH 89 MORELS 51 MINUTES 06 $PCONT)S EAST, A nlS'l-ANCF or ISS 47 FRPV 1-0 THL TRUE, POINT OV OrGYNNING. SAID TRAC-TCONTAFNS AN ARCA OF 0,29 ACRES, Mop -E OR t -Rs& N' c,npel WASHINGTON COUNTY -RURAL WATER - r—D71F) p ELEVATED RESEAV61PI srTr PAPIO-MISSC)LIRI RIVER NRO LEGAL[A I , DESCRIPTION A Ott I 10 C I A S I N C, EXHIBIT 1-113: 4889-7954-5382.1 WASHINGTON COUNTY NEBRASKA Filed for record on August16, 2022 at 02:40 PM Instrument No. 2022-02857 j$ 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 ......... .