321 S 16th StF t L E U
1.9:
EASEMENT
n { -7 f i J' IS
day of JUNE 1996, , by and
This ag M ent made this Y ,
between the C ,y Qf :; l : ', Nebraska, a Municipal Corporation,
hereinafter t f uN NPr!as "Grantor," and Blair Daycare, Inc.,
hereinafter referred *!moo as "Grantee."
The Grantor hereby grants to the Grantee an Easement over
and across the following described real estate, to -wit:
The municipal right of way adjacent to a portion of Lots
1, 2, and 3 in Block 15, original Townsite of Blair,
Washington County, Nebraska,
for the sole purpose of the construction, maintenance, and place-
ment of a fence in the specific location as depicted on the
attached Exhibit "A."
No modifications of such design, either at the time of
construction or subsequent thereto, shall be made without specif-
ic authorization in writing from the Grantor consenting to such
modifications pursuant to specifications as presented to the
Grantor.
This easement shall continue until such time as the Grantor
desires to terminate same. Such termination may be 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 termi-
nation 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 its own expense. It is specifically under-
stood and agreed that the Grantor shall not liable to the Grantee
for any damages whatsoever upon termination of this easement.
The Grantor shall further not be liable to the Grantee for any
damages if said fence is damaged or destroyed by the Grantor for
any reason whatsoever. The Grantee shall also be responsible and
shall pay for the cost of the removal or replacement of said
fence if same is required for any utility or street construction.
The Grantee further hereby agrees to save harmless 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 fence on municipal right of way. Such indemnification and
save harmless shall apply not only to the Grantee 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 save harmless shall apply not only to such
C TATS O;': JiETiAASKA COUNTY OF WASHINGTON) SS 4- ' 4 ' l G
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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 fur-
ther 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.
The Grantee further hereby agrees to obtain and maintain
liability insurance against any claims or losses which may occur
on the property during the term of this easement and shall list
the Grantor as an additional named insured. A certificate evi-
dencing such liability insurance in the face amount of not less
than five hundred dollars per individual and one million dollars
per occurrence shall be presented to the Grantor within five (5)
days of the execution of this easement.
This easement may not be assigned by the Grantee and the
rights under this easement shall not run with the land but shall
terminate immediately and without further notice if the Grantee
is not either the lessee or owner of the real estate described
hereinabove.
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION
By _ -G� 2...,6- MICHAEL A. MINES, MAYOR It duly authorizedofficer
STATE OF NEBRASKA
)ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said
county and state, personally came Michael A. Mines, Mayor of the
City of Blair, a Municipal Corporation, to me known to be the
identical person who signed the above and foregoing Easement and
acknowledged the execution thereof to be his voluntary act and
deed.
WITNESS my hand and seal this day of JUNE, 1996.
1 QENERAL NOTARY-State of Nebraska
ALICE I. DIEDRICHSEN
My Comm. Exp. Nov. "997
NOTARY PUBLIC
1
BLAIR DAYCARE, INC., A
NEBRASKA CORPORATION, GRANTEE
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary,Public in and for said
county and state, personally came Jahn l'ishCYC4 , duly author-
ized officer of Blair Daycare, Inc., a Nebraska corporation, to
me known to be the identical person who signed the above and
foregoing Easement and acknowledged the execution thereof to be
his /her voluntary act and deed. yie 1996.
WITNESS my hand and seal this day of JUNE,
GENERAL NOTARY -State of kb ra;
BRENDA R. TAYLOR
My Comm Exp. June 20, 1996
19
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