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EASEMENT
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This Agreement made this �3 day of Acjr� h 2012 by and betweeri'the` t� of
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor" and First Baptist
Church, hereinafter referred to as "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 5' East of the northeast corner of Lot 4; thence Northerly a
distance of 15 feet on city right of way; thence westerly a distance of
10 feet; thence southerly a distance of 15 feet; to a point on the north
lot line of said Lot 4; 5'west of said northeast corner of said Lot 4 all
in Block 59
for the sole purpose of constructing a handrail meeting ADA standards along the sidewalk. No
modifications of handrail may 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 Grantees shall remove such handrail at their 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 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
Recorded
General
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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 parking lot 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 be 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.
FIRST BAPTIST CHURCH
Grantee
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BY r' f
Church Representative
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION,
Grantor
BY
J es . Realph, Mayor
Before me, the undersigned, a Notary Public in and for said county and states, personally came
James E. 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 Easement as Grantor and
acknowledged the execution thereof to be his voluntary act and deed on behalf of said City.
WITNESS m y hand and seal this - day of j Orr ! , 2012.
STATE OF NEBRASKA
WASHINGTON COUNTY
arm- . SM 01 DOr
SRENDp� R. H i� �R
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NOTARY PUBLIC
Before me the undersigned, a Notary Public in and for said county and states, personally came
0/0 �k- of First Baptist Church, to me known to be the identical
person who signed the above and foregoing Easement as grantee and acknowledged the
execution thereof of to be his voluntary act and deed on behalf of said First Baptist Church.
WITNESS my hand and seal this Z3 day of :loam , 2012.
t WRY. sage psi ';` ebzspi
A R. WHEELED NOTARY PUBLIC
Ally Comm. EV. June 20, 2012
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