1128 Nebraska St56
EASEMENT
This Agreement made this 2. III day of
L.
CHARLOTTE L.i'ETER:iEN
, 19 97 , b y an c ur.T'r
between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as
"Grantor ", and Daniel J. & Ann M. Andersen, 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:
Beginning at the Southeast corner of Lot 10, Block 5 in the Second Addition to
Blair, and assuming the South line of Lot 10 to bear due East and West; thence
West along the South line of Lot 10 a distance of 60.0 feet to the Southwest
corner of Lot 10; thence South a distance of 10.5 feet; thence East a distance of
60.0 feet; thence North a distance of 10.5 feet to the point of beginning.
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 Tess 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
99 APR -5 P1 1:58
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 OF NEBRASKA )
WASHINGTON COUNTY )
ss
567
City of Blair, Nebraska
A Municipal Corporation
MichaerMVlines, ayor
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.
567
5 68
WITNESS my hand and seal this
GENERAL NOTARY - Slate of Web aska
i t 1 F a BRENDA R. TLOR
rrj My arrn. Ems. June AY 20 2000
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and states,
personally came AfT ( .ef sQ , 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 7- d- day of Apr, , 19
L
GENERAL NOTARY. Stets of Nebraska
RENDA R. T " "LOR
2000
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