1006 State St20 8
EASEMENT
This Agreement made this 18th day of April , 2011 , by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor",
and Karen E. Kephart 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:
Lot 12`, Block 3 Blair City, Washington County
1006 State Street, Blair, Nebraska
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
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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.
City of Blair, Nebraska'' v
A Municipal Corporation
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rantee James Real Mayor
WA SIfitGTON COUNTY, ETA a� OF :'RAS>A Recorded
STATE OF NEBRASKA ) '
RECORDED a7 °�Dll AT lea NljTwrical
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REGISTER OF DEEP,
Before me, the undersigned, a Notary. Public in and for said county and states,
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
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foregoing Easement as Grantor and acknowledged the execution thereof to be his
voluntary act and deed.
WITNESS my hand and seal this day of 0
aroma
BRENDA A. WHEELER
My Comm. Exp. June 20, 2 012
Vann -V
NOTARY PUBLIC
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY)
Before me, the undersigned, a Notary Public in and for said county and states,
personally came Kn)har 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 _� day of 4 fi ft
NOM SO Of Ml
®REMDA R. WHEELER NOTARY PUBLIC
�..4y Exp. June 20, 2012
Comm. . Ex p �s .
21 0
Date Paid
Receipt #
APPLICATION
FENCING CITY RIGHT OF WAY
FEE: $10.00 (Refundable if Easement Denied)
NAME OF APPLICANT:
MAILING ADDRESS:
PHONE NUMBER:
LEGAL DESCRIPTION OF PROPERTY:
1 0 0 ra S+Clc k
L-0�- IS i C''
STREET(S) BORDERING THE PROPERTY:
HEIGHT OF FENCE: 4-z- it Residential; P/ Commercial:
TYPE OF CONSTRUCTION: 1I ' A Zoning:
Signature of Applicant Signature of Applicant
Recommended Action by Administrator and Public Works Director:
Approve k Deny
If Denied, Reasons for Action:
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City Administrator Director of Public Works
Action by Mayor:
Approve
Deny
Mayor
Action by City Council (if necessary):
Approve Deny
212
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.
2. Distance From Curb To Sidewalk:
5 -1 Ft.
3. Distance From Center Of Street To Property Line:
q1 , Ft.
4. Show Approximate Location Of House and Other Structures In Relationship to the
Proposed Fence.
5. ; ,,, Show Area To Be Fenced.
212
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1. Distance From Curb To Property Line: of Ft.
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