2005 Nebraska StWASHINGTON COUNTY, STATE OF NEB 3
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Ld2GISTER OF DEEDS
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KAR ' 1./A.DSEN
LIMITED EASEMENT FOR USE OF PUBLIC RIGHT OF WAf A S Il'i `I V } ` COUNTY
�IS EF OF DEEDS
HANDICAP RAMP cE r , :lt A I NE
This Easement Agreement ( "Agreement ") is made on September 15, 2008, by and
between of Donald and Doretha Ward, 2005 Nebraska Street, Blair, Nebraska, hereinafter
referred to as "Grantees ", and the City of Blair, Nebraska, hereinafter referred to as
"City ".
WHEREAS, the City has approved the construction and installation of a landing
and ramp extending off of the Grantees' property onto city right of way for use by April
Ward, a resident of the property legally known as: E60' N105' LOT 1 & PT OF VAC
ST, BLK 2 DEXTERS 1ST ADDITION, BLAIR CITY (2005 NEBRASKA STREET).
WHEREAS, the construction of this ramp does not comply with current zoning
regulations for side yard setback requirements and extends out into public right of way,
the City extends to the Grantees an easement for the purpose of allowing construction and
installation of a landing and ramp onto public right of way and waiving side yard setback
requirements for such construction; and,
WHEREAS, such construction does comply with code requirements for ADA and
the International Building Code and the appropriate building permit has been obtained
from the City;
NOW THEREFORE FOR CONSIDERATION, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1) Grant of Easement: The City hereby grants and conveys unto the
Grantees a revocable easement over, along and across public right of way for the purpose
of constructing, installing, maintaining and repairing a landing and ramp for use by April
Ward, a resident of this property. SEE EXHIBIT "A" attached hereto and
incorporated by this reference herein.
2) Construction and Maintenance /Indemnification: It will be the sole
responsibility of the Grantees for the following: (a) To construct and properly maintain
the ramp on public right of way along with the obligations of landowners in regard to
sidewalks for removal of snow, etc.; (b) To insure no obstructions would obscure
individuals on the public sidewalk due to the construction of this ramp; (c) The ramp will
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be constructed at no cost to the city; (d) No modifications of the ramp shall be made
without specific authorization in writing from the city consenting to such modifications.
(e) The Grantees further hereby agrees to hold harmless and indemnify the City 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 to hold harmless shall apply not only to the Grantees 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 hold 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 hold 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 ramp and the Grantees shall further be
liable to the municipality for any attorney fees, expenses, or other expenses incurred in
recovery of such damages.
5) Term: This easement may be terminated by the City upon the occurrence
of any of the following events, provided however, the City shall give the Grantees written
notice of termination and the cause of such termination and the Grantees shall be given a
reasonable period of time to cure such event (usually not less than thirty (30) days) and
should the Grantee not reasonably cure such event in a reasonably timely manner, then
this easement shall terminate, to wit:
a) At such time April Ward and /or any other such handicap person no
longer resides at this location. Grantees agree to notify the City in writing
if and when April Ward no longer resides at this location.
b) Failure of the Grantees to properly maintain the ramp in a reasonably
good and safe condition;
c) It becomes necessary for emergency purposes to ensure the health,
safety and /or public welfare of the citizens of Blair.
d) The ramp causes a safety hazard as reasonably determined by City.
In the event and at such time of the termination of this easement, the Grantees shall
remove such ramp at their own expense. It is specifically understood and agreed the City
shall not be liable to the Grantees for any damages whatsoever upon termination of this
easement.
6) Binding Effect: This easement may not be assigned by the Grantee and
the rights under this easement shall not run with the land but shall terminate upon any of
the terms of paragraph 5(a),(b),(c),(d) hereinabove.
CITY OF BLAIR, NEBRASKA
GRANTEES:
DONALD WARD
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
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ATTEST: (SEAL)
BRENDA R. WHEELER, CITY CLERK
i h / QL/(7/ 7
DORETHA WARD
The above and foregoing Easement was acknowledged before me, a Notary
Public, by JAMES E. REALPH, MAYOR, City of Blair, Nebraska, on behalf of the City,
this / 7 day of September, 2008 and he acknowledged the execution of the
foregoing Easement to be his voluntary act and deed for the purposes therein set forth.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
6
v,
Notary Public
The above and foregoing Easement was acknowledged before me, a Notary
Public, by Donald and Doretha Ward, husband and wife this / S day of September,
2008 and they acknowledged the execution of the foregoing Easement to be their
voluntary act and deed for the purposes therein set forth.
(4-hoLiu, ItTctitedA
Notary Public
,...NERAL NurlARY -
KATHERINE D.
COMM.
KATHERINE D. LOUDNEI
My Comm. Exp. June 17, 2012
C 7
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20' -0"
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Exhibit "A"
E60' N105' LOT 1 & PT OF VAC ST, BLK 2 DEXTERS 1ST ADDITION,
BLAIR CITY (2005 NEBRASKA STREET)
Handicap Ramp Plot Plan
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Level
Landing
COVERED PORCH