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2007-54COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Easement between the City of Blair, Nebraska, as Grantor, and Two Rivers State Bank, as Grantee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Easement which is attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver said Easement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" STEWART. SHOTWELL, FANOELE, ABBOTT, WOLFF, BIFFAR AND CHRISTIANSEN. COUNCIL MEMBERS NONE VOTING "NAY ". COUNCILMEMBER SCHEVE ABSTAINED, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, 2007. ATTEST: / tA,.(-e- BRENDA R. WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2007 - 54 CITY OF BLAIR, NEBRASKA BY JA ALPH, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of August, 2007. Z w,6,Li 16,06,04, BRENDA R. WHEELER, CITY CLERK BC BRUNTONS ADDITION LOT 1 LESS 1827.23 SQ FT ROW EXHIBIT "A" LANDSCAPING EASEMENT THIS LANDSCAPING EASEMENT made on the ZS day of A n U.S , 2007 between J the CITY OF BLAIR, hereinafter referred to as "Grantor ", and TWO RIVERS STATE BANK, hereinafter referred to as "Grantee ", whether one or more. WHEREAS, Grantor owns fee simple title to the real estate described on the attached Exhibit "A ". WHEREAS, Grantee desires to obtain a permanent easement from Grantor for the purpose of landscaping and signage, improving, enhancing and maintaining the real estate in question as described in Exhibit "A" attached hereto. FOR VALUABLE CONSIDERATION and by mutual agreement of the parties the Grantor and Grantee agree as follows: 1. Grant of Landscanina Easement: Grantor does hereby grant and convey unto Grantee, its successors and assigns, a permanent easement, for the parcel of real estate described in Exhibit "A ", attached hereto and incorporated by reference. A. This easement shall be perpetual in nature and shall run with the land. B. Grantee may landscape, plant, improve, enhance and maintain foliage and shrubbery on the real estate to improve the appearance of the real estate. C. Grantee may install and maintain signage as allowed by current zoning regulations on the real estate. D. Grantee may not place or build any other type of structure on the real estate in question without prior written consent of Grantor. E. The City of Blair shall retain ownership of the real estate in question subject to the terms of this easement. 1 2. Binding Effect: This easement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. STATE OF NEBRASKA By AUT ORI D REPRESENTATIVE OF CITY OF BLAIR, Grantor 2 By AUTHORIZE RE ° ' SE T IVE OF TWO RIVER STATE BANK, Grantee COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on .2.4tq t15 Z$' , 2007, by iarnts &cJf)h , of the City of Blair and Pail& £aCJC_ , of Two Rivers State Bank. Kamen Lnitlintk Notary Public GENERAL NOTARY - State of Nebraska KATHERINE D. LOUDNER My Comm. Exp. June 17, 20D