1991-08-06 NW Corner S19-T18N-R12EAGREEMENT
This Agreement made this
day of Ak4u 4 , 1991, by
I uaQ Gb1t veen the City of. Blair, Nebraska, hereinafter referred to
�� '��rTrtas'f=PtDl�ir.11, and Pat Nichols
hereinafter referred to as
'LA",°j1bVstomerM .
WITNESSETH:
Whereas, Customer has made a request to Blair and hereby
makes application for water from within the municipality, said
water to be utilized at Customer's personal residence which is
located on the following described real estate, to=wit:
See attached
Whereas, under the terms and conditions as set forth herein,
Blair is willing to sell Customer city water.
NOW, THEREFORE, BE IT AGREED by and between the parties that
for and in consideration of One Dollar and mutual benefits to be
derived by both parties hereto, the specific receipt thereof
being hereby acknowledged, it is agreed as follows:
1. Customer shall be allowed to purchase water. from Blair
at a place to be designated by the Director of Public Works of
Blair. Prior to installation of the meter and tap, Customer
shall submit to the City of Blair plans and specifications ac-
ceptable to Blair for such tap and such tap shall be made in
accordance with all plans, specifications, and requirements of
Blair. Such specifications and requirements shall include but
not be limited to the installation of a back flow preventer..
Such tap shall be such size as required by Blair and all materi-
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alo and supplies therefore, excepting the water meter, shall be
paid for by Customer. Customer shall notify Blair, prior to
commencement of construction and at such intervals as specified
by the Director of Public Works the construction that will be
performed so that inspection by Blair can be performed.
2^ Customer shall remit to Blair the sum of � 50.00 as a
deposit to insure timely payment of all charges for water provid-
ed to Customer. In the event all bills for a period of throe (2)
years are paid by Customer on or before the lOth day of each
month during which they become duo' said deposit shall be re-
turned to Customer less an amount equal to the average monthly
water bill to Customer during said throe year gariod. Customer
shall be subject to Blolr'a usual and standard procedures for
discontinuance of oeznioa. Customer shall also pay to Blair a
$ tap fee prior to the time of connection to 8Ia1r'a
water system.
3^ It is agreed by and between the parties hereto that
Blair makes no representations, covenants, or warranties as to
the volume, velocity, pressure, or goaIitl' of the water provided
to Customer after connection to the municipal water system. I�
is further understood and agreed that the City of Blair is not
responsible for nor shall any water system constructed or uti-
lized by Customer beyond the tap into the municipal water system
be considered as a part of the municipal water oyaLom. Blair
abaIl have no liability or responsibility to provide licensed
operators for any system to which Customer may supply water as
may be required by any State of Nebraska agencies. Blair shall
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have no liability or responsibility for maintenance or, repairs to
any line or water system constructed or utilized by Customer.
Blair shall not be responsible for nor have any liability to
Customer or any other person or persons receiving water from
Customer for fire protection or the availability of water for
fire protection purposes. Customer agrees to indemnify and save
harmless Blair from any and all claims, causes of action, suits,
or any other liability of any nature or kind whatsoever and
brought by the Customer or any other person or entity for damages
or injuries resulting in any way from the provision of water
service under this agreement. Such indemnification shall. also
include attorney fees, costs, and all expenses incurred in the
defense of such action.
4. Unless earlier mutually terminated, this contract shall
terminate twenty-five (25) years from the date hereof.
5. The charges by Blair 'to Customer for water provided
may be adjusted from time to time by the Mayor and City Council.
of Blair.. The Customer shall also be subject to all other rules
and regulations of the City of Blair as pertains to its customers
of the municipal water system, including but not limited to
payment, deposit, and shut off regulations.
6. This agreement shall be binding upon the heirs, personal
representatives, successors, and assigns of Customer. This
agreement shall also specifically run with the land with respect
to the real estate described hereinabove and shall be binding
upon all grantees, assignees, and subsequent; owners of such real
estate. The Customer shall.be responsible for and shall file a
copy of this agreement against said real estate in the office of
the County Clerk of Washington County, Nebraska, prior to Bl.air's
providing water service to the premises.
CITX,,.Cq BLAIR, NEBRASKA
erome Jenny, M y
ST -'P"SF
Alice I. Diedrichsen, City Clerk
tj`stomer
`�' �I`IIf (II'�> If'! fA1MCFiIGAL N )r)( AND rltr�7 IOf I
u
-ems
w Or._
�,�ND flh:CO(711�1) IF! cCi(a!"
at Nichols 2)
From the Northwest corner of Section 19, T16N,
3112E of the 6th Poke in W"hington County, Nebraska#
W99.47' 25" Yast, &*&uwA baarind, 630.36 toot, thernoo
Bouth 55051 135ie East 670.00 fret, thano• South
720271304 Dart 566.E meet along the southerly highway
U.O. 75 right-of-way, thence South 61026'58* Yaat 03.99
fibat, thenoe South 201151500 X&at 95.71 f b6t, tharnoe
south 546410530 West 721.23 fort, thence Routh 7•19'44"
West 17.0 feet to the Point of "ginning# thence south
70191440 West 93loO fast, thence Mouth 410291056 West
311,37 feert, thence North 99647000/ nest 257.0 ferat,
thence Worth 26014148* Wert 179e0 feet, thence Worth
63 "4d' 40" Writ 264.5 foot• thence North 06151170 West
500.00 feet, thence Mouth 756020190 x*rt 473.46 fast,
thenoo North 7.19 0 440 xast 493.46 ferat r the>no• Worth
09.111000 kaat 380.0 foot to the Point of naginning,
•ubjeot to aasimant for possible future road dedication
on the Xarrt 33 feet of that Mouth 300 Brat of %aid
tr&Ct.
EXHIBIT "A"
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