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FENCE EASEMENT.TIF WASHINGTON COUNTY, STME OF NEBRASKA 84,5M, RECORDED—N&I—Ok— 1 - 5 ,2MIAT 11 2 0 1 N! 0V 15 P 1 12 5 - 1 BOOK -2 — PAGES} 91 � 2-5 General K A F, E N / l ' [,� S)EIN Nurnerical WASHIINIGTON COUNTY A"eav 0— Otadj& REGISTEP, of €jHos Bt-Alk NF REGISTER OF DEED" MARGIN ABOVE RESERVED FOR RECORDING INFORMATION DATE OF INSTRUMENT: November 12, 2012 RETURN ADDRESS: City of Blair 218 S. 16 St. Blair, NE 68008 FENCE EASEMENT This Agreement made this /2 . day of N 2012 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Chad and Amy Larsen, 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: Beginning at the southwest comer of Lot 6 of Block 89 of the original town plat of Blair, Washington County, Nebraska; thence westerly 15 feet; thence northerly along a line that is 15 feet west and parallel to the west property line of said Lot 6 to a point that is 15 feet west of the northwest lot comer of said Lot 6; thence easterly to the northwest comer of said thence southerly along the west lot line of said Lot 6 to the southwest lot comer the point of beginning. 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. 8 5 3 i I I i 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 tein 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 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 to 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 to 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 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, and shall be perpetual in nature. i I City of Blair, Nebraska A Municipal Corporation J�meealph, Mayor � STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) 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 i 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. WITNESS my hand and seal this /Z_ day of November, 2012. GENERAL NOTARY - State of Nebraska ® 1 BRENDA R WHEELER a) My Comm. Exp. June 20 20ts OTARY PUBLIC Chad Larsen, Grantee Amy La, Grantee STATE OF NEBRASKA ) ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and states, personally came Chad and Amy Larsen, 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 November, 2012. �a W EE] raska 6 � ER NOTARY PUBLIC 016 II I i 5