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1007 Grant St005043401 19 1 STATE OF NEBRASKA COUNTY OF wAsHINGTON)SS ENTERED IN NUMERICAL I EX AND FILED FOR RECORD THIS e- to DAY OF A.D. 20_41.9 AT 2_ O'CLOCK ;M AND RECORDED IN BOOK �7 AT PAGE r COUNTY CLERK DEPUTY EASEMENT A strip of property 8 feet wide lying east of and parallel to the East lot line of Lot 1, Block 82 in the Third Addition to the City of Blair, Washington County, Nebraska and the North Half of the vacated alley adjacent to Lot 1, Block 82 in the Third Addition to the City of Blair, Washington County, Nebraska. 191 I ILr.. 0 05 SEP 14 AM 9:36 CHARLOTTE L.PLTERSEN ASf1NGTON COUNTY,CLCRK This Perpetual Easement is made this /3 day of A tR2006, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Kyle M. Wilhelm and Lisa K. Wilhelm, husband and wife, hereinafter collectively referred to as "Grantee ". In consideration of One Dollar and other mutual covenants contained herein, the Grantor does hereby grant to the Grantee a perpetual easement for the purpose of the maintaining a fence and a driveway on a municipal right of way on the following described real estate: This Perpetual Easement is to and shall run with the land, and shall be for the benefit and use of Grantee, owner of the adjacent real property described above, and Grantees heirs, successors and assigns. Such Perpetual Easement for the fence shall be terminated if the Grantor changes the use of the property that requires the removal of the fence, for public benefit to include but not limited to improvement of the road, installation of storm sewer, water main, sanitary sewer, and public walk ways; the Grantee, heirs, successors or assigns sells the adjacent real property for a commercial purpose; or the Grantee, heirs, successors or assigns removes the fence and does not replace the fence forthwith. Such Perpetual Easement for the driveway shall be terminated if the Grantor substantially changes the use of the property that requires the removal of the driveway, for public benefit to include but not limited to improvement of the road, installation of storm sewer, water main, sanitary sewer, and public walk ways; the Grantee, heirs, successors or assigns sells the adjacent real property for a commercial purpose; or the Grantee, heirs, successors or assigns removes the driveway and does not replace the driveway forthwith. 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, which shall not be unreasonably withheld. No modifications of such fence shall be made without specific authorization in writing from the Grantor Recorded General Numerical Photostat Prootea consenting to such modifications, which shall not be unreasonably withheld. Grantee shall have the right of ingress to and egress from the property described above belonging to Grantor for the purpose of installing, maintaining, repairing and keeping the fence and driveway in proper condition. Further, Grantee shall have the right to cross over and upon the driveway to access Grantees adjacent property. Grantee, on behalf of Grantee, and all heirs, successors and assigns, covenants with Grantor that Grantee will install, repair and maintain in a proper and workmanlike manner the fence and driveway at Grantees cost and expense. This provision does not prevent Grantee from seeking reimbursement for damage to the fence or driveway caused by someone else. The Grantee 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 by Grantor in a negligent manner. 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 due to the negligent acts or omissions of Grantee. 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 by Grantee including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of such 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. _�X ,, By yl'e M. Wilhelm, Grantee isa K. Wilhelm, Grantee 192 CITY OF BLAIR, NEBRASKA a Municipal Corporation, Grantor 192 s Realph, Mayo - STATE OF NEBRASKA ) WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came James Realph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Perpetual Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this /3 day of , 2005. G L NOTARY - State of Netxaska BRENDA R. WHEELER My Con. Exp..kine 20.200 STATE OF NEBRASKA ) WASHINGTON COUNTY ) GENERAL NOTARY-State of IM6nska KATHERINE D. LOUD My Comm. Exp. June 17, iyuick 4 Notary Public Before me, the undersigned, a Notary Public in and for said county and state, personally came Kyle M. Wilhelm and Lisa K. Wilhelm, to me known to be the identical persons who signed the above and foregoing Perpetual Easement as Grantee and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this' day of ?,V,b_e_✓ , 2005. 3 193 Notary Public FEE: $10.00 (Refundable if Easement Denied) NAME OF APPLICANT: MAILING ADDRESS: PHONE NUMBER: LEGAL DESCRIPTION OF PROPERTY: L - / 64' , (� l )c sZ. STREET(S) BORDERING THE PROPERTY: (. r 54i-M- 0-0-to) lO ?`l' HEIGHT OF FENCE: C/ r- 7 Residential: )!' Commercial: TYPE OF CONSTRUCTION: Zoning: Recommended Action by Administrator and Public Works Director: If Denied, Reasons for Action: Signature of Applicant Approve 7(2, ity ddniinistrator Action by Mayor: Approve Action by City Council (if necessary): Approve APPLICATION FENCING CITY RIGHT OF WAY _Lob 7 62.ca 1- a±tae.A- 131���riV f 5 oo-- 3 („ - S •Rdj Deny Date Paid Receipt # Signature of Applicant Director of Public Works Mayor Deny Deny Drawings: (Please note: All measurements need to be accurate so that the Public Works Director can prepare Legal Description without going to site.) NOTE: Fencing must be 3 ft. behind the sidewalk or if no sidewalk it must be 15 ft. behind the curb and requires a building permit. e 0 40 d -� Property Line Sidewalk Curb Line Center of Street 1. Distance From Curb To Property Line: 2. Distance From Curb To Sidewalk: 3. Distance From Center Of Street To Property Line: 5. Show Area To Be Fenced. Ft. Ft. Ft. 4. Show Approximate Location Of House and Other Structures In Relationship to the Proposed Fence. 0 -1 .71 0 OD z - Z 0 I 0 0 c z (n m P10 45' ± 78' ± 54' ± 145' ± (4' HIGH BOARD-ON-BOARD (4' HIGH BOARD-ON-BOARD WOOD CEDAR FENCE) WOOD CEDAR FENCE) 15'± HIGH BOARD-ON-BOARD WOOD CEDAR FENCE) H- X M. MN ONE 1101MI HJ.IJON %ft Fi 0 7J rri 10TH STREET (4' HIGH BLK VINYL CHAIN LINK FENCE) 0 o 0 z July 15, 2005 City Hall Administration 218 S. 16 Street Blair, NE. 68008 Attn: Rod Storm Rod, Attached is the "drawing" of the proposed fence for the East side of our property. All dimensions are approximate as I did not have exact lot line locations. Per the drawing, we propose to start at a point approx. 45' south of the south edge of Grant Street and approx. 6' in from the West lot line with approx. 15' of a 3' -6" high cedar board -on -board fence to a point even with the front of the house (I believe this is what the code allows) and then going to a 4' high cedar board -on -board fence from that point angling back approx. 78' south to a point approx. 8' in from the West lot line and then angling approx. 54' to the southeast corner (lot 1) /northeast corner (lot 10) on the centerline of the abandoned alley. From that point back (on our side of the property line) approx. 145' we would have a chain link style fence (4' high). Please call me if you would like to discuss further (work phone 800 - 346 - 5305). Kyle Wilhelm 1007 Grant Street Blair, NE. QlVCe- ( ,l1st�FC. he �c�s fo 46.0\ 'if c 1414 5 >gda cAcuj7 lac Mrs