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2106 Front StWE D EASEMENT ' NT/ 23 'M 9 35 This Agreement made this 18th day of November , t l ` § 98 , by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and JoEllen Griffin , 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 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 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. /Grantee STATE STATE OF NEBRASKA ) WASHINGTON COUNTY ) ss City of Blair, Nebraska A Municipal Corporation Michael Mines, Mayor 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. WITNESS my hand and seal this /3 day of No ✓cfnbe/ , 19 V. i GENERAL NOTARY - State of t ;ebaska BRENDA R. TAYLOR My Comm. Exp. June 20, 2000 STATE OF NEBRASKA ) personally came WASHINGTON COUNTY ) r ss GENERAL NOTARY - State of Nebraska BRENDA R. TAYLOR My Comm. Exp. June 20, 2000 1 ocolt3d General Numerical PUo;a r:a I f • NOTARY PUBLIC Before me, the undersigned, a Notary Public in and for said county and states, io Alen G-rt - r) , 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 / P day of NOYember , 19 92 . NOTARY PUBLIC /4/6, STATE OF NEBRASKA COUNTY OF WASHINGTON) SS q ?563k ENTERED IN NUMERICAL_NDEX AND F LED OR REC( D 11,8 ,34.c ' DAY OF A.D.19 AT 9'35 O'CLUG$ M AND RECORDED IN BOOK 029 d, AT PAGE _121_19 4 Y CLEPR 21a�r�tG'n1'�ld /� � �„ 0t©/x Fence Easement Lot 6, Block 96 Sixth Addition 2106 Front Street Beginning at a point on the Westerly Right of Way of 21 Street, said point being 57.0 feet North of the centerline of Front Street; thence East parallel with the centerline of Front Street a distance of 9.5 feet; thence North parallel to the Westerly Right of Way of 21 Street a distance of 70.0 feet; thence West parallel to the Centerline of Front Street a distance of 9.5 feet to the Westerly Right of Way of 21 Street; thence South along the Westerly Right of Way of 21 Street a distance of 70.0 feet to the point of beginning. 3 94