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
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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.
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(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)
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M. MN ONE 1101MI
HJ.IJON
%ft
Fi
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10TH STREET
(4' HIGH BLK VINYL
CHAIN LINK FENCE)
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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.
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