2045 S 25th Sti
WASHINGTON COUNTY, STATE OF NEBRASKA F
Instrument Number 2014 -00163 2014 Jan -16 PM 01:35
REGISTER OF DEEDS
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
Recorded BLAIR, NE
General
Numerical
Photostat
Proofed
Scanned I'
:Prepa ed by and after Recording Return} to:
Douglas M. Beech, Casey's General Stores, j1nc., :P.0. _Bob 3001,,Ankeny IA 50021 :P: 515/965 -6284
STORM SEWER EASEME T A(!xREEMENT
THIS STORM SEWER EASEMENT A�REEMENT, made thi day of
t4o�cm fit , 2013, - by and between Casey's Retail Company, an Iowa corporation with
Headquarters at One S.E. Convenienc6 Boulevard, Ankeny Iowa (hereinafter referred to as
"Casey's ") and the City of Blair, Nebraska, a Nebras a municipality, with city offices located at
218 South 16th Street ereinaffiF;r
t :Blair Nebraska I eerred - to as "Cit " .
i Y)
9/11TNES'SETH:
i
� I
WHEREAS, Casey's is the owner of certain Teal estate (hereinafter "Casey's Property ")
located in Blair, Washington County, Nebraska, legally described as follows:
Lot 12, Administrative Replat of Hayden Plate Replat One, in the City of Blair,
Washington County, Nebraska,
i � I
upon which property Casey's proposes to develop as a convenience store with gasoline sales
facilities.
WHEREAS, the parties have reached an a where City shall be granted a
permanent utility easement over and across a portion of the Casey's Property for stoma. sewer .
facilities, upon the terms and conditions; Herein provided,
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree .as follows:
I
_ i f
2014 -00163
1. EASEMENT AGREEMEN Casey's hereby sells, grants and conveys unto the
City a permanent casement for the purpose of'constructing, maintaining, repairing
and replacing storm sewe.r, facilities and all facilities incident thereto (hereinafter
"Storm Sewer ") on the Casey's Property under, within and along an area of land
over a portion of the Casey's Property, Iegally described as follows:
A part of Lot 12, Administrative Replat of Hayden Place Replat
One in the City of Blair, Washington County, Nebraska, being
particularly described as :follows:
_
. ... .......................... ..._................ .......... ...:........................................ i............ ...............................
BEGINNING at t11;e Northwest Corner of said :Lot 1,2;THENCE
South 89 0 50'32" East, along the North line of said Lot 12, a
distance of 16.24 f` et; THENCE Soutl 07 °35'56" West, a distance
of 81.18 feet, to ila, e West line' of said Lot 12; THENCE North
03 °54'45" West, along the said West line, a distance of 80.70 feet
to the POINT OF BEGINNING containing 654 square feet, more
or less,
hereinafter referred to as f`Easement Area"
A diagram depicting the ;location of the Easement Area is attached hereto and
incorporated herein as Exhibit "A ".
2. CONSTRUCTION ANDi INSTALLATION. Following the construction and
installation of the Storm ;,Sewer or any repair or replacement thereof, as is
hereinafter provided, City shall restore the Easement Area to its condition prior to
the commencement of such work, or as nearly as may be possible. The parties
further agree City shall ,. of obstruct 'or black access to the existing access
easement.
3. MAINTENANCE AND REPAIR City and fits officers, agents, employees and
contractors shall have the Wght at any and all reasonable times, when necessary or
convenient to do so, to enter upon th.e Easement Area and perform any and all acts
necessary or convenient ;for the installation, operation, maintenance, repair or
replacement of the Stor1 ;Sewer and any associated equipment, to properly carry
into effect the purposes for `which this easement is made and granted.
4. CASEY'S USE. Casey's shall have the undisturbed right of use of the Easement
Area, as so :far as such does not interfere with the rights herein granted to City,
except Casey's shall not 'erect or place any building or permanent structure or
plant any tree on the Ease inent Area without the advanced consent of City, and
City shall not be liable for damage occasioned by the removal or injury to any
2
2014 -00163
i
,
building, improvement or trees planted without its consent when the same is
effected by City in the f irtherance 'of the pL rposes set forth herein.
5. INDEMNIFICATION !City shall indemnify and Hold Casey's harmless from any
and all claims for danhage to reall or personal property, iiijtiries to or death
suffered by persons by reason of tl-e construction, installation, repair,
replacement maintenail or operation by City of the Storm Sewer pursuant to
this Agreement.
6. BTNDTNG EFFECT: Fgch'of Ih6 covenailtsancl* ag�eez*aei ts
herein shall be construed as covenants and agreements imposed upon and running
in perpetuity with the lRpd. Each and every one of the benefits of this Agreement
shall inure to and be 1"inding Upon the respective heirs, Iegal representatives,
executors, administrators, successors and assigns of the parties hereto.
�I j
IN WITNESS WHEREFORE„ �,he parties have ex&cuted this Agreement on the date and
year first written above.
CITY OF BLAIR, NEBRASKA CASEVIS . TAIL MPANY
By: 1 - — �--� By:_
es Realph, Mayor Ter y ndley, President
B
Brenda Wheeler, City Clerk Julia L. Jackowski, Secretary
I
2014 -00163
i
ACKNOWLEDGMENT'S
STATE OF IOWA )
SS:
i
COUNTY OF POLK )
On this ,',T day of G? 2013, before me the undersigned,
a Notary Public in and for said county aid state, personally appeared Terry W. Handley and Julia
L. Jackowski, who being by me duly sworn, did state that they are the President and Secretary,
respectively, of Casey's Retail Company; the corporation nati�ed in the foregoing instrument; that 11 the seal affixed to the foregoing instrument is the' seal of said corporation; and that said
instrument was signed and sealed on behalf of said corporation by authority of its Board of
Directors; and the said Terry W. Handley' Julia L. Jackowski, as such officers, acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
l
8 �9 commission Number 16 4402
$ �r MyCommiSS"On, „v, Tres Notary Public in. and for the State of Iowa
Uvl? march 20, 23 y
i
STATE, OF NEBRASKA )
) SS"
COUNTY OF WASHINGTON }
On this Y day of N®VgmO1 ir' , 2013, before me, the undersigned, a Notary Public
in and for said state, personally appeared James Realph and Brenda Wheeler, to me personally
known and who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Blair, Nebraska; that the instrument was signed on behalf of the City,
by the authority of its City Council, and �ljat James Realph and Brenda Wheeler acknowledge the
execution of the instrument to be their voluntary act ai'Zd deed and the voluntary act and deed of
the City, by it voluntarily executed.
CL
6EN iAL NOTARY . State of Nebraska
PEGGYJ FRAHM Notary Public in and or the State of Nebraska
My Comm. Up. June 20, 2016
tAdouLlreal est te;Ulair nelstorm sewer easement aureement 10-18- 0 %docx
i
2014 -00163
PREPARED BY: A. LEO PELDS ENGINEERING CO: - 2323 DIXON STREET, D ES MOINES, IOWA 50316 - PH. (515)265 -8196
T EXHIBIT
STORM SEWER EASEMENT: EAS �,,,MEN
A part of Lot 12,'Administrative Replat of Hayden Place f eplat One, in the City of Blair, Washington County,
Nebraska; being particularly described as follows:
BEGINNING at the Northwest Cornet of said Lot 12;THENCE South 89 °50 East, along line of
- said Lot 12, a distance of 16.24 feet,•THENC; South 07 °35'56" -West, a distance d( 81.18 Zeet, to the West -26 0 • 25• 60.
line of said Lot-12; THENCE North 03 °54 West, along "ft�ie said West line, A *distance of 8b.7 0 feet to the
POINT OF BEGINNING, containing 654 square -feet, morl or less. - Scale in Feet
:......
1" 50
-.. .. ........
2014 -00163