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207 S 16th St0 4 r~ I L L '7 EASEMENT This Agreement made this d` day of between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and 4.■cf teS S , hereinafter referred to an "Grantee ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: SEE ATTACHED EASEMENT DESCRIPTION 01 S. I low 981111'20 M 9: For the sole purpose of the installation of a fence on municipal right of way. In no event shall the location of the fence be closer than three feet from an existing sidewalk or fifteen feet from the curb where there is no existing sidewalk. 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 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 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 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 improvements on municipal right of way. Such indemnification and save harmless shall apply not only to ai 4 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 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. ntee i ael Mines, Mayor STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and states, personally came Michael Mines, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed. Recorded General Numerical Photostat Proofed t City of Blair, Nebraska A Municipal Corporation STATE OF NEBRASKA COUNTY OF WASHINGTON) SS 3 3 2- ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD THIS 0 DAY OF Y ; a A.D.19L Y AT R O'CLOCK A- M AND RECORDED IN BOOK ?,7 AT PAGt. , 60 4 -(' 7 euun)` V (;i_ERK � 1' t a � '�/J.4'/Yv ._122 WITNESS my hand and seal this / 9 day of Aa„. , 19 GENERAL NOTARY . State of Nebraska BRENDA R. TAYLOR My Comm. Exp. June 20, 2000 STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and states, Cl personally came /row CT.� ( /2/Z / O /e..55 , 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 / day of Qom,- , 19 7I' GENERAL NOTARY - State at'- MARCIA NICKER: My Comm. Exp. June 20, NOTARY PUBLIC NOTARY PUBLIC 67,wa 7;(( oOg EASEMENT DESCRIPTION Beginning at the Northeast corner of Lot 1, Block 57, Original Townsite of Blair; thence Westerly along the North line of Block 57 a distance of 52.0 feet; thence Northerly parallel to the East line of Block 57 a distance of 12.0 feet; thence Easterly parallel to the North line of Block 57 a distance of 67.0 feet; thence Southerly parallel to the East line of Block 57 a distance of 87.0 feet; thence Westerly parallel to the North line of Block 57 a distance of 15.0 feet; thence Northerly along the East line of Block 57 a distance of 75.0 feet to the point of beginning.