E360Svc>~-o~~-~~~ 6 1 9 ~~ _ , -
(1iJNTY OF WASHING`fON)S5
STATt OF NEBRASKA r, I I `~~ ~_~ `"~ ~ (~,®
ENTERED IN NUMFRIC~L I[~DEX AND FILED FOR RECORD
THIS ~ ~'` DwY OF ~=('~~~%( ~~ A.D. 20.Q~.
AT ~ ~' O'CLOCK _L~..M AND RECORDED IN BOOK ~~ t~CT ~ [# ~'~ ~~ 2
_.AT PACE .~.
COt~JNTYCLERK ~~x~~~~.i~i~~L~~~~~~.~ EASEMENT c~,rf;~p~F `..cE_~`~._'E>1
r --',i iripl~ plt~~-i ~.iER''
CIFPIII P! .~..T:-~t-~*s.~.C~Ps~.~.~.,..._.,.~._- „~ r, ~ ^ ~ _ ~ R
This Agreement made this --L--~ day of ~ C~~e/ 2CC~, by and between the City of
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and R. J. Ryan,
hereinafter referred to an "Grantee". In consideration of One Dollar and other mutual covenants
contained herein the Grantor does hereby grant to the Grantee an easement on the following
described real estate:
Beginning at the northwest corner of Lot 6 of Belair Addition an official plat in the City
of Blair, Washington, County, Nebraska in the North West quarter of Section 13,
Township 18 North, Range 11 East of the 6th P.M.; thence northerly 40 feet; thence
easterly 85 feet; thence southeasterly to the northeast comer of said Lot 6.
For the sole purpose of the installation of a fence on municipal property. In no event
shall the location be other than that as outline in the attached drawing. The exact location of the
fence shall be approved by the Director of Public Works and City Administrator.
No modifications of such fence shall be made without specific authorization in writing
from the Grantor consenting to such modifications.
This easement shall continue until such time as the Grantor desires to terminate same.
Such termination maybe with or without cause and shall be in the sole and absolute discretion of
the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen
(15) days prior to such termination which such notice may be given to the Grantee by regular
United States mail, postage prepaid. In the event and at such time of the termination of this
easement, the Grantee shall remove such fence at his/her own expense. It is specifically
understood and agreed that the Grantor shall not be liable to the Grantee for any damages
whatsoever upon termination of this easement.
The Grantee further hereby agrees to save harn~less and indemnify the Grantor 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 and save harmless shall apply not only to the Grantee but shall apply as well to
619
620
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 save 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 and save 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 fence and the Grantee shall further be liable to
the municipality for any attorney fees, expenses or other expenses incurred in recovery of such
damages.
This easement may not by assigned by the Grantee and the rights under this easement
shall not run with the land but shall terminate upon conveyance of the property adjacent to such
right of way which is owned by the Grantee.
City of Blair, Nebraska
A Municipal Corporation
Grantee ~
STATE OF NEBRASKA )
ss
WASHINGTON COUNTY )
e
J mes ealph, Mayor
Before me, the undersigned, a Notary Public in and for said county and states, personally
came James Realph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me
known to be the identical person uTho signed the above and foregoing Easement as Grantor and
acknowledged the execution thereof to be his voluntary act and deed.
620
62~
WITNESS my hand and seal this ~
day of C~ t. ~l~~~' ~~.
~gf{V~,rq'U~RY - Stage of Nebraska {~/~~~/S~L ~• C, ~'l-
^/ ~~u~
~~,~.June2o,2o NOTARY PUBLIC
STATE OF NEBRASKA )
ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and states, personally
came R. J. Ryan, to me known to be the identical person who signed the above and foregoing
Easement as Grantee and acknowledged the execution thereof to be his/her voluntary act and
deed.
WITNESS my hand and seal this ~ c~ day of !,-(~ '~_' ~~ , <_',:!~~~~:-
~' - See of Nebraska
e~~~-~~ A. WHEE NOTARY PUBLIC
...... .._. My Comm. 6~. June 20, 20 D
9~ei;ort~~ ~
General ~~.~.
Numerical
Photostat ~._. °~
Prctated
621
622
0
N
c~3
0
M
I
~
i ~ ` i i i
1 '' ~ ~ 1 ~ 1 '
i ~ l j i j ! j ~~
~
~
~
~
o
I
~ ' ': j ': ! i '. i
; ~ ! ~ !
I ~ y i i ~ i~ ~ ~ N~
~
(Q
N i
i E ~ i ~ i
i
!
i
<f'
d1
M
~ .
.
; ~ ~ i
i ~ i 't (
e i M
M CV
M
~
---' -`---- ~ -----------------!-
-- n r M
M
~ E j ~ ~ ~ I i
E i
i ~ E
~
~
4
~ 4
i
~
j ~ l ~ l l ~ 4 i
I t I t l 4 ` E ;~ ~
~ ~ ~ i j is i i
I ~ y ~ i ~ i
I t
t
M i
~ ~
~ ~ ~
i ~ ~, ~ ~ ~ 1 i i
t !. f ! f ! I ~ ; ~
~ M
[~
M
N
~
i E i i i i i I
i I i i i i ~ r M
_ ~
S--s
~f'
ES)
P
~'
N
~'
LC?
tf'
P
RESOLUTION NO. 2006- 43
COUNCIL MEMBER WOLFF 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 R. J. Ryan, 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 WOLFF. UPON ROLL
CALL, COUNCIL MEMBERS SCHEVE, SHOTWELL, FANOELE, ABBOTT, MCMANIGAL
AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS BIFFAR VOTING "NAY" AND
COUNCIL MEMBER STEWART ABSTAINED, THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.
CITY OF BLAIR, NEBRASKA
ATTEST: I /)
E ~ZENDA R. WHEELER, CITY CLERK
(SEAL)
D l.-
BY,~ -~,~
J E EALPH, MAYOR
-1-
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
10TH day of October, 2006.
/ /~~
BRENDA R. WHEELER, CITY CLERK
-2-
~~
1 ~IJ
.T
~~
p,.
r Y^ ~ ,~5 ~
`11
-
1
! . ^+4 . ~
+a.
~~~' Y'~.,. - r'.- - .~
_ R. ~
~
{ 'C4 s 7'. . ,.
.~; ~ ~.
J
' ~
~:
~
~ ~~ f ~ /
r
1~~ ~
~ ~
R. J. Ryan
1422 Prospect Ave.
Blair, NE 68008
September 15, 2006
Rod Storm
218 S. 16th St.
Blair, NE 68008
Dear Rod:
I would like to request a temporary easement to put a privacy fence on the City
ground behind my house. I understand that temporary means that I may have to
move the fence at any given time. I have enclosed a picture of what I have in mind.
Over the past seven years I have made many improvements to the ground, including
planting all new sod. The fence will help to ensure that the ground will stay in the
good condition that it's in at present.
Your consideration is greatly appreciated.
Sincerely,
R. J. Ryan
Enclosure