2008-15RESOLUTION NO. 2008 - 15
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair is undertaking public improvements on real estate adjacent to
property owned by Anton L. and Margaret L. Snyder located in the City of Blair, Nebraska, and
WHEREAS, the City of Blair, Nebraska has been presented with two Easements executed by
Anton L. and Margaret L. Snyder, as Grantors which relate to the public improvement project in
question.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF BLAIR, NEBRASKA, that the Easements which are attached hereto, marked Exhibit "A"
and Exhibit `B" by this reference are 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 CITY CLERK OF THE CITY OF BLAIR,
NEBRASKA, is hereby authorized to deliver and record said Easements on behalf of the City of Blair,
Nebraska in order to carry out the project described above.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" SCHEVE, STEWART, SHOTWELL, FANOELE,
ABBOTT, WOLFF, CHRISTIANSEN AND BIFFAR. COUNCIL MEMBERS NONE VOTING
"NAY ". THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED
THIS 13 DAY OF MAY, 2008.
ATTEST:
Z4
flRENDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
/L \
ES E. REALPH, 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 l3 day of May,
2008.
PI &
BRENDA R. *HEELER, CITY CLERK
EASEMENT FOR GAS LINES AND APPURTENANCES
THIS EASEMENT, made and entered into this 25 of April, 2008, by and between
Anton L. Snyder and Margaret L. Snyder, husband and wife, hereinafter referred to as
"GRANTOR ", and Aquila, Inc., a Delaware Corporation, hereinafter referred to as
"GRANTEE ".
After recording mail to:
Aquila, Inc.
501 West 6th Street
Papillion, NE 68046
KNOW ALL MEN BY THESE PRESENTS: That the "GRANTOR ", in consideration of
the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby
acknowledged, hereby grants, bargains, sells and conveys to Grantee, its lessees, licensees,
successors and assigns, the right, privilege and perpetual easement to enter upon the lands of
Grantor to survey, construct, operate, patrol, inspect, maintain, alter, add wires, cables, conduits,
and pipes, repair, rebuild and remove, on, under and over said lands and in and upon all streets,
roadways or highways abutting said lands, now or at any future time, lines for the transmission
and distribution of gas and all appurtenances and appliances necessary in connection therewith,
together with the right of ingress and egress to and from the said lines of Grantee over the lands
of Grantor so that Grantee may go to and from said lines from the public roads adjacent to
Grantor's lands, which said lands of Grantor, situate in the County of Washington, in the State of
Nebraska further described on Exhibit A attached hereto and incorporated herein by this
reference.
Grantee may erect and use gates in all fences which cross or which shall hereinafter cross
the route of said lines. Grantee is given the right to trim, cut and clear away any trees, limbs and
brush on or adjacent to the above described easement whenever, in its judgment, such will
interfere with or endanger the construction, operation or maintenance of said lines. In exercising
its rights of ingress and egress Grantee shall, whenever practicable, use existing roads or lanes
and shall repair any damage caused thereby.
It is the intention of the parties hereto that Grantor is hereby conveying the uses herein
specified without divesting himself, his heirs or assigns, of the right to cultivate, use and enjoy
the above described premises: PROVIDED, however, such use shall not, in the judgment of said
Grantee, interfere with or endanger the construction, operation or maintenance of said lines, and
provided further that no building shall be constructed on the easement without written
permission from Grantee.
Grantee, its successors and assigns, agrees to pay for any damage caused to land, growing
crops, fences, livestock or other personal property of Grantor from the construction, operation or
maintenance of said lines.
Title to said lines shall be and remain in said Grantee.
1
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the
rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining
unto Grantee its lessees, licensees, successors or assigns forever. This easement shall run with
the land and shall be binding upon Grantor and Grantor, their heirs, personal representatives,
successors and assigns. Grantor hereby covenants that Grantor is the owner(s) of the above -
described land, subject to the existing liens and right -of -way easement of record.
IN WITNESS WHEREOF, the said GRANTOR has set their hands the day and year first
above written.
STATE OF NEBRASKA
COUNTY OF WASHINGTON
2
ANTON L. SNYDER, Grantor
%./1412
MAR RET L. SNYDER, antor
The foregoing instrument was acknowledged before me on April 25 , 2008, by Anton
L. Snyder and Margaret L. Snyder.
4r.� tai. n0 i f • Side of Metraika �1
. BRENDA R. WHEELER
e20.20 ER 72
My Comm.Fxp.�lune20,20e1K _
NOTARY PUBLIC
A GAS MAIN EASEMENT LOCATED IN TAXLOT 258 IN THE NORTH ONE -HALF OF
THE SOUTHEAST ONE - QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11
EAST OF THE 6th P.M., WASHINGTON COUNTY, NEBRASKA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID TAXLOT 258
AND THE EAST RIGHT -OF -WAY LINE OF HIGHWAY 30, THENCE NORTH 01 °28'49"
EAST (ASSUMED BEARING) FOR 111.63 FEET ALONG SAID EAST RIGHT -OF -WAY
LINE; THENCE NORTH 73 °00'00" EAST FOR 441.13 FEET; THENCE NORTH 87 °57'24"
EAST FOR 228.67 FEET; THENCE SOUTH 02 °07'04" EAST FOR 30.00 FEET ALONG THE
EAST LINE OF SAID TAXLOT 258, ALSO BEING THE WEST LINE OF THE
NORTHEAST ONE - QUARTER OF SAID SOUTHEAST ONE - QUARTER; THENCE SOUTH
87 °57'24" WEST FOR 224.77 FEET; THENCE SOUTH 73 °00'00" WEST FOR 415.59 FEET;
THENCE SOUTH 01 °28'49" WEST FOR 88.17 FEET ALONG A LINE 30 FEET EAST OF
AND PARALLEL WITH SAID EAST RIGHT -OF -WAY LINE; THENCE SOUTH 87 °56'00"
WEST FOR 30.06 FEET ALONG THE SOUTH LINE OF SAID TAXLOT 258 TO THE
POINT OF BEGINNING, ABOVE DESCRIBED EASEMENT CONTAINS 0.52 ACRES,
MORE OR LESS.
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EXHIBIT A
PERMANENT GASE LINE EASEMENT LEGAL DESCRIPTION
Gas Main Easement
(Taxlot 258)
3
3000'
S 02'07'04" E
228.67'
N 8757'24' E
G
I I I, li %
�' i 1 t � r } (lam? •��'�.,
TEMPORARY GRADING EASEMENT
THIS EASEMENT made on April d S , 2008 between Anton L. Snyder and
Margaret L. Snyder, husband and wife hereinafter referred to as "Grantor" whether one
or more, and the "Grantee" CITY OF BLAIR, NEBRASKA, hereinafter referred to as
"City"
WHEREAS, Grantor owns fee simple title to the real estate described on the
attached Exhibit "A ".
WHEREAS, City desires to obtain a temporary easement from Grantor for the
purpose of performing grading work on said real estate relating to public improvements
on said real estate identified in Exhibit "A ", attached hereto and fully incorporated herein
by reference.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Grantor and City agree as follows:
1. Grant of Temaorary Easement: Grantor does hereby grant, bargain, sell and
convey unto City a temporary grading easement over, under and across the real estate
described on Exhibit "A ", attached hereto and incorporated by this reference herein.
The City may use this temporary easement to move dirt, locate, establish, and perform
construction relating to public improvements, which may include stockpiling of dirt, and
the parking of equipment and materials on said real estate. This temporary easement
shall expire on November 30 , ? A.
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
COUNTY OF WASHINGTON
GENERAL NOTARY -moo Nebraska
BRENDA R. WHEE
My Comm. Fxp. June 20
ANTON L. SNYDER, Gra or
V21i Gam /'
MARG
ET L. SNYDER, Gr for
The foregoing instrument was acknowledged before me on
ff►'it dS , 2008, by Anton L. Snyder and Margaret L. Snyder.
ti hi/ tit--
NOTARY PUBLIC
STATE OF NEBRASKA
COUNTY OF WASHINGTON
But of ras
RE � R. WHEELER
M
y Bp. June 20, 20
CITY OF BLAIR, NEBRASKA, Grantee
By:
The foregoing instrument was acknowledged before me on
A 1 2s - , 2008, by James E. Realph, Mayor of the City of Blair,
Nebraska.
/3J L
``"`NOTARY PUBLIC
S E. REALPH, MAYO"
A temporary grading easement located in Taxlot 258 in the North one -half of the Southeast
one - quarter of section 14, township 18 North, range 11 East of the 6 P.M., Washington
County, Nebraska. Being more particularly described as follows:
Beginning at the intersection of the South line of said Taxlot 258 and the East right -
of -way line of Highway 30, thence North 01°28'49" East (assumed bearing) for 80.00 feet
along said East right -of -way line;
Thence North 73 °00'00" East for 447.22 feet;
Thence North 87 °57'24" East for 224.77 feet;
Thence South 02 °07'04" East for 195.00 feet along the East line of said Taxlot 258,
also being the West line of the Northeast one - quarter of said Southeast one - quarter;
Thence South 87 °56'00" West for 662.01 feet along the South line of said Taxlot
258 to the point of beginning.
Above described easement contains 2.38 acres, more or less.
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EXHIBIT A
Temporary Grading Easement
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Temporary Construction
Easement (Taziot 258) +
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