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2010 AUG 31 PM 4-.211
VAS `'ry c; . o tiw4 C00 Nd T I' EASEMENT
REGIS T E FZ OF DEEDS
j� A 1 ate, ry,E E B
TS EASEMENT made on M , 2044, between George and Madeline
Cooper Owner, hereinafter referred to as `Grantor ", and the CITY OF BLAIR, NEBRASKA,
hereinafter referred to as "CITY"
WHEREAS, Mayor and City Council have approved a trail system in the City of Blair,
Nebraska to be used by the City and the general public.
WHEREAS, the City of Blair has applied for and received approval of federal grant
funds to build the "Dana" segment of the proposed trail system, and
WHEREAS, the City has proposed a trail alignment for the "Dana" segment utilizing
City right -of -way abutting Grantors property along College Drive, and
WHEREAS, the Grantor has requested the City to use the original route of the Cauble
Creek Bike Trail instead of the alternative Dana Bike Trail routing in front of their house, and
WHEREAS, CITY is willing to move the trail to an area along Cauble Creek on the north
side of Grantors property that is acceptable to the Grantor, and
WHEREAS, Grantor is the owner in fee simple of certain real estate in the City of Blair,
Nebraska, upon which City intends to construct a portion of its trail system; and,
WHEREAS, Grantor will grant unto City an easement for the purpose of allowing City,
at no cost to Grantor, to construct, install, operate, maintain and repair a portion of the trail
system along, over and across Grantor's real estate described below.
WHEREAS, City desires to obtain a permanent maintenance easement from Grantor for
the purpose of locating, establishing and maintaining a 10.00 feet wide bike trail over a 20 feet
wide easement real estate owner by Grantor and described above.
NOW THEREFORE, FOR VALUABLE CONSIDERATION OF ONE (1) DOLLAR
AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
parties hereto agree as follows:
1. Grant of Permanent Easement: Grantor does hereby grant and convey unto City, a
perpetual easement, for the purpose of constructing, installing, operating, maintaining
and repairing a hard - surfaced trail which is to be used as a portion of the City of Blair
Tail System, for use by City and general public, said parcel of real estate more
particularly described as follows:
A bike trail easement located on A portion of Tax Lot 23 7, City of Blair, Washington County in
the NW 1 /4 of Section 11, Township 18 North, Range 11 East of the 6 P.M., City of Blair
Washington County, Nebraska, more particularly described as follows:
A portion of Tax lot 237, City of Blair, Washington County, Nebraska, being more particularly
described as follows: Referring to the southwest corner of said tax lot, thence N 00 00'49" E,
351.58 feet on the west line of said tax lot to the point of beginning; thence continuing N 00
00'49" E, 74.06 feet on said west line; thence northeasterly on a 60.00 feet radius curve to the
right, 31.93 feet (long chord bears N 42 02'32" E, 31.56 feet); thence N 57 17'19" E, 87.19 feet;
thence northeasterly on a 60.00 feet radius curve to the left, 6.84 feet (long chord bears N 54
01'27" E, 6.83 feet) to the northerly extension of the east line of said tax lot; thence south 00
01'38" W, 36.13 feet on said northerly extension; thence S 57 17'19" E, 74.48 feet; thence
southwesterly on a 30.00 feet radius curve to the left, 25.39 feet (long chord bears S 33 02'28" W,
24.64 feet); thence S 08 47'37" W, 9.31 feet; thence S 26 54'45" W, 29.13 feet; thence S 26
23'09" W, 12.71 feet; thence S 36 06'53" W, 6.22 feet to the point of beginning, containing 0.10
acres (4358 square feet) more or less
2. Construction and maintenance: The hard - surfaced trail described above shall be
constructed, installed and maintained in good repair by City at City's sole cost and
expense.
3. Removal of Snow, ect. Grantors, their heirs, successors and assigns, shall not be
required to remove snow, sleet, mud ice or other obstructions from said trail system
and furthermore, that the parties hereto agree that any provisions of the Municipal
Code of the City of Blair, Nebraska, pertaining to sidewalks and the obligations of
landowners in regard to sidewalks, shall not apply to Grantors in regard to the trail
system located on the easement described herein. City also agrees to push snow from
the bike trail on Tax Lot 237 to the north only.
4. Easement to Run with the Land: This grant of easement shall run with the land and
shall be binding upon and inure to the benefit of the parties hereto, their heirs,
successors and assigns, shall be perpetual in nature.
5. No Obstruction: The Grantors. Their heirs, successors and assigns shall not use the
easement area in any way that will impair or obstruct the rights granted to City for
use of the easement for the tail system. This does not preclude Grantor from being
able to utilize the west, north, or south garage doors for vehicle access to the garage.
6. Easement: All construction and maintenance of the bike trail shall stay within the
easement area as granted here with in.
7. Damage to Grantor property: Should any property owned by Grantor outside of the
easement area be disturbed or damaged by City or City Contractor during
construction, the City shall require the contractor to have the area repaired and
restored as close to original as possible within 60 days of being notified of damage by
Grantor.
8. Walnut tree removal. If the construction of the trail shall require the walnut tree
along the north side of the garage to be removed, the City shall have the stump
ground to a minimum of 4 inches below ground. In addition the grantee shall have
the trunk trimmed to the longest usable length and placed outside the easement area
in an area acceptable to the grantor.
9. Fence: City agrees to not place any fence along the easement without written
permission of property owner.
10. Garage: Bike trail shall in no way restrict, limit or interfere with normal access to
north, west or south garage doors normal access by a vehicle.
11. Indemnification: City hereby indemnifies and holds Grantor harmless from liability
arising out of the construction, installation, operation, maintenance, use and repair of
the trail system located on the above - described easement, except when due to the
Grantor's own negligence. Property owner will be reimburse any expenses incurred
from any legal action relating to the bike trail.
12. Binding Effect: This Agreement shall be binding upon and insure to the benefit of the
parties hereto, their heirs, successors and assigns.
c�
Grant or Granter
CITY OF BALIR NEBRASKA
STATE OF NEBRASKA
ATTEST: &AJ 4 v"hJ�
COUNTY OF WASHINGTON
_T_t ISTER OF DEEDS
6 O:
COUNTY OF WASHINGTON
°,: \05:8241 \LDD - 0508241 \dwg \Survey \Topo \NEW EASEMENT.dwg
APB -814 =2008 10:21:49 jig
TAX LOT 237
EASEMENT DESCRIPTION
A PORTION OF TAX LOT 237, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS. • REFERRING TO THE SOUTHWEST CORNER OF SAID TAX LOT, THENCE N 00 E,
351.58 FT ON THE WEST LINE OF SAID TAX LOT TO THE POINT OF BEGINNING, THENCE CONTINUING N 00 E,
74.06 FT ON SAID WEST LINE, THENCE NORTHEASTERLY ON A 60.00 FT. RADIUS CURVE TO THE RIGHT, 31.93 FT.
(LONG CHORD BEARS N 42 E, 31.56 FT.); THENCE N 57 °17'19" E, 87.19 FT.; THENCE NORTHEASTERLY ON A
60.00 FT. RADIUS CURVE TO THE LEFT, 6.84 FT. (LONG CHORD BEARS N 54 E, 6.83 FT) TO THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID TAX LOT, THENCE SOUTH 00 W, 36.13 FT. ON SAID
NORTHERLY EXTENSION, THENCE S 57'17'19" E, 74.48 FT; THENCE SOUTHWESTERLY ON A 30.00 FT. RADIUS
CURVE TO THE LEFT, 25.39 FT. (LONG CHORD BEARS S 33 02'28" W, 24.64 FT.); THENCE S 084737" W, 9.31 FT.;
THENCE S 265445" W, 29.13 FT.; THENCE S 26'23'09" W, 12.71 FT.; THENCE S 36 06'53" W, 6.22 FT TO THE
POINT OF BEGINNING, CONTAINING 0.10 ACRES (4358 SQ. FT.) MORE OR LESS.
sHEEr
JUN .09 TAX LOT 237 fe° °"'
^� TRAIL EASEMENT M ICHA EL
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0508241 BLAIR NEBRASKA
RD LENGTH
DELTA
24.64
48'29'42
31.56
31'29'34"
6.83
6'31'44"
A PORTION OF TAX LOT 237, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS. • REFERRING TO THE SOUTHWEST CORNER OF SAID TAX LOT, THENCE N 00 E,
351.58 FT ON THE WEST LINE OF SAID TAX LOT TO THE POINT OF BEGINNING, THENCE CONTINUING N 00 E,
74.06 FT ON SAID WEST LINE, THENCE NORTHEASTERLY ON A 60.00 FT. RADIUS CURVE TO THE RIGHT, 31.93 FT.
(LONG CHORD BEARS N 42 E, 31.56 FT.); THENCE N 57 °17'19" E, 87.19 FT.; THENCE NORTHEASTERLY ON A
60.00 FT. RADIUS CURVE TO THE LEFT, 6.84 FT. (LONG CHORD BEARS N 54 E, 6.83 FT) TO THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID TAX LOT, THENCE SOUTH 00 W, 36.13 FT. ON SAID
NORTHERLY EXTENSION, THENCE S 57'17'19" E, 74.48 FT; THENCE SOUTHWESTERLY ON A 30.00 FT. RADIUS
CURVE TO THE LEFT, 25.39 FT. (LONG CHORD BEARS S 33 02'28" W, 24.64 FT.); THENCE S 084737" W, 9.31 FT.;
THENCE S 265445" W, 29.13 FT.; THENCE S 26'23'09" W, 12.71 FT.; THENCE S 36 06'53" W, 6.22 FT TO THE
POINT OF BEGINNING, CONTAINING 0.10 ACRES (4358 SQ. FT.) MORE OR LESS.
sHEEr
JUN .09 TAX LOT 237 fe° °"'
^� TRAIL EASEMENT M ICHA EL
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0508241 BLAIR NEBRASKA
LINE TABLE
LINE
BEARING
DISTANCE
L16
S 36'06'53" W
6.22'
L17
S 26'23'09" W
12.71'
L18
S 26'54'45" W
29.13'
L19
S 08'47'37" W
9.31'
L20
S 57'17'19" W
74.48'
L93
N 00 °00'49" E
74.06'
L94
N 57'17'19" E
87.19'
L951
S 00 °01'38" W I
36.13'
A PORTION OF TAX LOT 237, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS. • REFERRING TO THE SOUTHWEST CORNER OF SAID TAX LOT, THENCE N 00 E,
351.58 FT ON THE WEST LINE OF SAID TAX LOT TO THE POINT OF BEGINNING, THENCE CONTINUING N 00 E,
74.06 FT ON SAID WEST LINE, THENCE NORTHEASTERLY ON A 60.00 FT. RADIUS CURVE TO THE RIGHT, 31.93 FT.
(LONG CHORD BEARS N 42 E, 31.56 FT.); THENCE N 57 °17'19" E, 87.19 FT.; THENCE NORTHEASTERLY ON A
60.00 FT. RADIUS CURVE TO THE LEFT, 6.84 FT. (LONG CHORD BEARS N 54 E, 6.83 FT) TO THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID TAX LOT, THENCE SOUTH 00 W, 36.13 FT. ON SAID
NORTHERLY EXTENSION, THENCE S 57'17'19" E, 74.48 FT; THENCE SOUTHWESTERLY ON A 30.00 FT. RADIUS
CURVE TO THE LEFT, 25.39 FT. (LONG CHORD BEARS S 33 02'28" W, 24.64 FT.); THENCE S 084737" W, 9.31 FT.;
THENCE S 265445" W, 29.13 FT.; THENCE S 26'23'09" W, 12.71 FT.; THENCE S 36 06'53" W, 6.22 FT TO THE
POINT OF BEGINNING, CONTAINING 0.10 ACRES (4358 SQ. FT.) MORE OR LESS.
sHEEr
JUN .09 TAX LOT 237 fe° °"'
^� TRAIL EASEMENT M ICHA EL
cwm
0508241 BLAIR NEBRASKA