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2006-35COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Easement between the City of Blair, Nebraska, as Grantor, and Trinity Lutheran Church, as Grantee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Easement which is attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver said Easement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22 DAY OF AUGUST, 2006. ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2006 -35 CITY OF BLAIR, NEBRASKA REALPH, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 22 day of August, 2006. 6k67----N,. BRENDA R. WHEELER, CITY CLERK 65 EASEMENT F!L 06SEP 1 AHIO :38 This Agreement made this 22 day of August, 2006 by and between the City oflair, ,i..a,L�?TTE L. PETEPSEN WHE:HItIGTON COUNTY, `CLERK Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor" and Trinity LutheRTA EB 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: From the intersection of 20 Street and Lincoln Street and assuming the centerline of Lincoln Street to be due East and West, thence West along the centerline of Lincoln Street 120 feet; thence North 33 feet; thence West 72 feet; thence South 33 feet; thence East 72 feet to the point of beginning. for the sole purpose of paving or hard surfacing municipal right of way to provide vehicular parking. No modifications of such parking area 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 Grantees shall remove such parking lot 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 65 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 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 tenninate upon conveyance of the property adjacent to such right of way which is owned by the Grantee. TRINITY LUTHERAN CHURCH, Grantee J. ••: - : rock, Council President 66 66 CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION, Grantor fJ es E. Realph, Mayor COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Easement between the City of Blair, Nebraska, as Grantor, and Trinity Lutheran Church, as Grantee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Easement which is attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver said Easement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22 DAY OF AUGUST, 2006. ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2006 -35 CITY OF BLAIR, NEBRASKA REALPH, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 my hand and seal this STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 7� 67 , BRENDA " §ii0 My Comm. Exp. June 20,Z0SL day of ) Lc i I , 2006. Before me the undersigned, a Notary Public in and for said county and states, personally came Jamie Brock, Council President of Trinity Lutheran 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 Trinity Lutheran Church. WITNESS my hand and seal this 2-7- day of R,ty5f", 2006. GBVffiAt. NOTARY - of Nebraska BRENDA R. WHEELER My COMM. Exp.Jutre Og 67 &ad- g. tAid NOTARY PUBLIC NOTARY PUBLIC c CC)6,C3960 STATE OF NEBRASKA ucra t r Or WASHlN(TCN)Ss ENTERED IN NUMERICAL INDEX AND FILED FO OD REC �. [ THIS W_ DAY OF AL12.0.2101CLOCK L M AND RECORDED IN BOOK _4 L___AT PAGE COUNTY CLERK t - DEPUTY �• = : , _ . A Recorded General Numerical 1 Photostat P r oo fe d - ---�'° 4 /1; I7c �l�h / G41 6'15/6to A Onc* qu 6a4s��- //‘(//. oar Strz-€21 a hers -7‘:///' -The pe376 payik a/vie] 2 /€d 7? z1 L mc,/ / ' sued Gina lct b ca4i6 he o-,6 /1 a0 Wa ail/1 b Yr�i�) I e 149 Pig/ be �5� ��' ga.f/V etio1 Ande,rs ozi 67461/n/yukt' fits. owe T1 P ITE4 �' A 61 14■e• 0414r4f3 A U e f Lli STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 my hand and seal this STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 7� 67 , BRENDA " §ii0 My Comm. Exp. June 20,Z0SL day of ) Lc i I , 2006. Before me the undersigned, a Notary Public in and for said county and states, personally came Jamie Brock, Council President of Trinity Lutheran 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 Trinity Lutheran Church. WITNESS my hand and seal this 2-7- day of R,ty5f", 2006. GBVffiAt. NOTARY - of Nebraska BRENDA R. WHEELER My COMM. Exp.Jutre Og 67 &ad- g. tAid NOTARY PUBLIC NOTARY PUBLIC c CC)6,C3960 STATE OF NEBRASKA ucra t r Or WASHlN(TCN)Ss ENTERED IN NUMERICAL INDEX AND FILED FO OD REC �. [ THIS W_ DAY OF AL12.0.2101CLOCK L M AND RECORDED IN BOOK _4 L___AT PAGE COUNTY CLERK t - DEPUTY �• = : , _ . A Recorded General Numerical 1 Photostat P r oo fe d - ---�'° 4 /1; I7c �l�h / G41 6'15/6to A Onc* qu 6a4s��- //‘(//. oar Strz-€21 a hers -7‘:///' -The pe376 payik a/vie] 2 /€d 7? z1 L mc,/ / ' sued Gina lct b ca4i6 he o-,6 /1 a0 Wa ail/1 b Yr�i�) I e 149 Pig/ be �5� ��' ga.f/V etio1 Ande,rs ozi 67461/n/yukt' fits. owe T1 P ITE4 �' A 61 14■e• 0414r4f3 A U e f Lli