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
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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
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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
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