2014-15RESOLUTION 2014- 15
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA AS FOLLOWS:
WHEREAS the City of Blair, Nebraska, has been presented with a conservation and
preservation easement,
WHEREAS, the Grantors desire to conserve the Conservation Values and present status
of the Protected Property by conveyance to THE LAND TRUST of the Conservation and
Preservation Easement for the purpose of conserving the present status and Conservation Values
of the Protected Property and to prevent the use or development of the Protected Property for any
purpose or in any manner which would conflict with the maintenance of the Protected Property
in the present condition for both this and all future generations except as explicitly provided for
herein the Easement attached hereto, marked Exhibit "A ".
WHEREAS, the governing body does not find that the Easement is not in the public
interest and the terms and conditions of the easement are acceptable to the municipality.
BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR,
NEBRASKA, is hereby authorized to execute and deliver, on behalf of the City of Blair,
Nebraska, any documents that may be necessary for approval of said plan.
COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
ANDERSEN, CHRISTIANSEN, JENSEN AND HALL VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MAY, 2014.
CITY OF BLAIR, NEBRASKA
I" REALPH, MAY R
AT T ST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
BRENDA 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 at a
regular meeting of the Mayor and City Council of said City held on the 13th day of May, 2014.
B ` A WHEELER, City Clerk
1 a J
After recording return to: The Nebraska Land Trust
9200 Andermatt Drive, Suite 7
Lincoln, NE 68526
1 8 2 1. 1 1
2014 JUG! 19 PM 1:14
ItAREN A. 4 ADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
FLAIR. ►NIF
THIS CONSERVATION AND PRESERVATION EASEMENT (hereinafter
"Easement ") executed this &&day of T' e , 2014 by and between Kenneth E. Hansen
and Diane L. Hansen, husband and wife, who reside at 13975 Co. Rd. P 18, Blair, NE 68008
(hereinafter "Grantors "), and The Nebraska Land Trust, Incorporated (hereinafter "THE LAND
TRUST" or "Grantee "), a Nebraska nonprofit association, with its principal office located at
9200 Andermatt Drive, Suite 7, Lincoln, Nebraska, 68526. The Grantors and THE LAND
TRUST are referred to collectively as the Parties.
RECITALS:
WHEREAS, the Grantors own in fee simple approximately 67 acres of real property in
Washington County, Nebraska as described in the attached Exhibit "A" (herein referred to as the
"Protected Property "), which possesses agricultural, aesthetic, ecological, and educational value
in its present condition; and
WHEREAS, the Protected Property has open farmland and grassland that is
agriculturally productive and an important part of the agricultural landscape in Washington
County, providing productive soils for crop production; and
WHEREAS, the Protected Property includes woodlands overlooking the Missouri River
Valley, which provides habitat for migratory and nesting songbirds; and
WHEREAS, the Protected Property has exceptional educational value and could be used
by students of any age to learn about native woodlands, bird watching and the enjoyment of
nature, and
u, : IL E D
id
WHEREAS, the Protected Property provides scenic views from public roads; and
WHEREAS, All of the above constitute the Conservation Values of the Protected
Property; and
WHEREAS, the Grantors desire to conserve the Conservation Values and present status
of the Protected Property by conveyance to THE LAND TRUST of this Conservation and
Preservation Easement (hereinafter "Easement ") for the purpose of conserving the present status
and Conservation Values of the Protected Property and to prevent the use or development of the
Protected Property for any purpose or in any manner which would conflict with the maintenance
of the Protected Property in the present condition for both this and all future generations except
as explicitly provided for herein; and
WHEREAS, the Parties hereto recognize the agricultural, natural, educational, and
scenic character of the Protected Property and the Parties hereto have the common purpose of
conserving the aforesaid Conservation Values of the Protected Property (hereinafter
"Conservation Purposes "); and
WHEREAS, THE LAND TRUST wishes to accept the Easement as provided in Sec.
76- 2,112, R.R.S. Neb., 1943 (as amended); and
WHEREAS, the present status of the aesthetic, agricultural, ecological, educational, and
natural condition of the Protected Property at the date this Easement becomes effective, is
evidenced by reports, photographs, maps and scientific documentation possessed at the present
time. Said evidences of the condition of the Protected Property are referred to collectively as the
Baseline Documentation Report dated April 18, 2014, which is incorporated herein by reference;
and
WHEREAS, the Conservation Purposes of this Easement are recognized by, and this
Easement will serve, at least and without limitation, the following clearly delineated
governmental conservation statutes, policies, and programs:
The Farmland Protection Policy Act, P.L. 97 -98, 7 U.S.C. §§ 4201, et seq., whose
purpose is "to minimize the extent to which Federal programs and policies
contribute to the unnecessary and irreversible conversion of farmland to
nonagricultural uses, and to assure that Federal programs are administered in a
manner that, to the extent practicable, will be compatible with State, unit of local
government and private programs and policies to protect farmland;"
® The policy of the State of Nebraska to conserve fish and wildlife resources for
future generations, which the Nebraska Legislature has memorialized through
various conservation- related statutes;
WHEREAS, THE LAND TRUST has, among its corporate purposes, the preservation of
land providing open space, agricultural productivity, wildlife habitat, historical sites, and scenic
qualities to ensure its continuing availability for these uses; and
Hansen Farm Conservation Easement 2 20 IN - 0 .18 3 9
WHEREAS, THE LAND TRUST has, among its corporate purposes, the preservation of
land providing open space, agricultural productivity, wildlife habitat, historical sites, and scenic
qualities to ensure its continuing availability for these uses; and
WHEREAS, THE LAND TRUST is a publicly supported tax exempt not -for - profit
organization qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended (the "Code "). THE LAND TRUST is therefore qualified under Section 170(h) of the
Code and possesses the authority to acquire a Conservation and Preservation Easement under the
provisions of Sec. 76-2,111 to Sec. 76- 2,118, R.R.S. Neb., 1943 (as amended) called the
"Conservation and Preservation Easement Act" (the "Act "); and
WHEREAS, the Grantors are the sole owner of the fee simple interest in the Protected
Property; and
NOW, THEREFORE, for the reasons given, and in consideration of various
considerations and their mutual promises, covenants, terms, conditions, and restrictions herein,
Grantors voluntarily grant and convey to THE LAND TRUST (hereinafter "Grantee "), and
Grantee voluntarily accepts, a perpetual Conservation and Preservation Easement, an
immediately vested interest in real property defined by the Act and of the nature and character
described in this Easement, exclusively for the purpose of conserving and forever maintaining
the Conservation Purposes of the Protected Property. Furthermore, Grantors and Grantee hereto
agree as follows:
ARTICLE Y
Grant of Easement
Grantors, for themselves and their beneficiaries, successors and assigns (collectively,
"Grantors "), hereby irrevocably grant, transfer and convey to THE LAND TRUST, its successors
and assigns, this Easement encumbering the Protected Property in perpetuity as authorized by
and subject to all provisions of the Code and the Act. This Easement conveyance is a donation
from Grantors to the Grantee.
ARTICLE II
Covenants relating to the Protected Property
All activities that are inconsistent with the Conservation Purposes of this Easement are
prohibited. Additionally, Grantors covenant and bind the Protected Property in perpetuity, such
covenants to run with the Protected Property, as follows:
A. Access: There shall be no public access to the Protected Property without
the prior verbal or written consent of Grantors. "Public" shall not include
Grantee or guests and invitees of Grantee. Grantors hereby give consent to
Grantee and its designated agents (a) to make an annual inspection of the
Protected Property and (b) such other inspections as may be reasonably
necessary to confirm the status of the Protected Property in the event
Hansen Farm Conservation Easement
Grantee has cause to believe there has been a violation of this Easement.
In no event shall Grantee or its agents access the Protected Property
without prior reasonable notice to Grantors. Grantee shall have no right to
limit the access of Grantors or any guest, invitee, licensee or tenant of
Grantors or any parties who shall farm the Protected Property as tenants.
B. Industrial and Commercial Uses: There shall be no development of the
Protected Property for industrial, commercial or residential purposes,
including but not limited to: buildings, billboards, telecommunications
towers, motocross tracks, golf courses, commercial wind turbines, power
lines, mobile homes, mining, water development for sale or transport off -
site, and oil or gas development, except as provided under Article III
below.
C. Division or Subdivision of the Property: Notwithstanding that the
Protected Property may have been divided or subdivided prior to this
Easement, the Protected Property subject to this Easement may only be
conveyed as a single tract. The Grantors do not have the right to divide,
subdivide, or take any action that creates an actual or de facto division or
subdivision of the Protected Property.
D. Mining: All surface or open pit exploration for extraction or removal of
oil, gas, and other minerals, rock, gravel, or sand found in, on, or under the
Protected Property is prohibited. No sub- surface or other exploration or
extraction of oil, gas, rock, gravel, sand, or other minerals, including the
lease, sale, or other disposition of the rights to such materials is allowed.
However, soil, sand, gravel or rock may be extracted without further
permission from Grantee so long as such extraction is solely for use on the
Protected Property for non - commercial purposes, is in conjunction with
activities permitted herein, is accomplished in a manner which is
consistent with the purpose of this Easement and does not substantially
diminish or impair the Conservation Values, and has a limited and
localized impact on the Protected Property.
E. Dumping and Deposit of Waste: No trash, hazardous waste, debris,
ashes, sawdust, liquid waste, construction waste, used chemical
containers, furniture, and other non- compostable refuse may be dumped or
otherwise disposed of on the Protected Property, except livestock manure
associated with normal agricultural activities, and permitted by applicable
state and federal laws. If the Grantors become aware of any accidental,
illegal, or other placement or spilling of hazardous substances or waste or
toxic materials, including oil and petroleum products, on the Protected
Property, the Grantors shall notify the Grantee on a timely basis.
F. Timber Harvesting: The Grantors shall not harvest timber on the
Protected Property except as specifically allowed in Article III.
Hansen Farm Conservation Easement 4
f�
G. Water Resources: Grantors shall not develop water resources for the
sale and transport of water off site.
H. Roads: Grantors shall not construct any new roads except as specifically
provided for in Section III.
I. Native Flora and Fauna: Grantors shall not remove or destroy any
native plants, trees, vegetation, or wildlife, except as permitted in Article
III, or for the control of weeds and pests consistent with generally
accepted agricultural practices in Washington County, Nebraska.
Notwithstanding the forgoing, Grantors may maintain and improve the
Protected Property for the purpose of enhancing native wildlife, native
vegetation, and educational values, subject to obtaining Grantee's prior
approval which shall not be unreasonably withheld.
J. Surface Alteration: Grantors shall not engage in grading that results in
permanent changes to the topography of the landscape, except as provided
for in Article Ill.
K. Off -Road Vehicles: The Grantors shall not use vehicles off of existing
roads and travel -ways in a manner that may result in apparent erosion or
compaction of the soil, impact on the natural appearance of the Protected
Property, damage or destruction to vegetation, or interference with use of
the natural habitats by the wildlife species occurring on the Protected
Property. The Parties recognize, however, that the use of off -road vehicles
may be necessary in property management and retrieval of harvested big
game animals, and such limited use is therefore expressly permitted,
provided that all reasonable efforts are made to minimize any adverse
impact of the use, consistent with the terms and intent of this Easement.
Any off -road vehicle use must be consistent with the first sentence of this
Paragraph.
L. Game Proof Fences: Grantors shall not construct any big game proof
fences, which are defined as any fence that cannot be crossed by elk, deer
or other big game wildlife, except in the Building Envelopes and around
archeological and/or cultural features.
M. Noxious and Detrimental Species. The Grantors shall not introduce into
the Protected Property any plant species designated as noxious or
detrimental to wildlife by local, state, or federal land or wildlife agencies.
N. Construction: The Grantors shall not construct any structures or facilities
except as specifically provided for in Article III, below.
O. Commercial Feed Lot: The Grantors shall not establish or maintain any
commercial feedlot. For the purposes of this Easement, a commercial feed
lot shall be defined as a permanently constructed, confined area or facility
within which the land is not grazed or cropped annually, for purposes of
Hansen Farm Conservation Easement
5
engaging in the business of the reception and feeding of livestock.
Nothing in this Paragraph shall prevent Grantors from seasonally
confining their livestock into an area for feeding consistent with historical
practices.
P. Utilities: Other than those permitted in Article III, additional utility
structures and systems are prohibited.
Q. Billboards: The Grantors shall not construct, maintain, or erect any
commercial signs or billboards on the Protected Property. Small signage
may, however, be displayed to state the name of the owner and the
Protected Property, partners in the protection, management and use of the
Protected Property, and that the property is protected by this Easement, to
prohibit any unauthorized entry or use, or to advertise for the sale of the
Protected Property, to advertise goods produced on the Protected Property,
or to advertise 'Bed and Breakfast" lodging accommodations.
R. Aircraft Facilities: The Grantors shall not construct or erect any aircraft
facilities or aircraft landing facilities on the Protected Property.
ARTICLE III
Grantors' Reserved Rights
Except as expressly limited by this Easement, Grantors reserve for themselves, their
invitees, licensees, tenants, and guests all rights of an owner of the Protected Property, including
the right to use it for all purposes consistent with this Easement.
A. Agriculture: Grantors shall have the right to use the Protected Property for the
production, processing, and marketing of agriculture crops, including
"traditional" domestic livestock and organic agriculture.
B. Building Envelope: Two, alternative Building Envelopes are shown on the
attached " Exhibit A" and identified as Site A and Site B. Grantors reserve the
right to select one of these Building Envelopes to construct or place one single -
family residence and associated outbuildings. Grantors shall notify Grantee in
writing regarding their selection of either Site A or Site B prior to the
commencement of any construction within the Building Envelope. Grantee, at its
discretion, may require the Grantors to provide a survey of Building Envelope
boundaries prior to the commencement of any new construction. Once a site is
selected by the Grantors, the Alternate Building Envelope shall be null and void
and Grantors shall have no further rights to construct within or alter that
Alternative Building Envelope. Grantors and Grantee may amend this Easement
to remove the Alternative Building Envelope, but doing so is not required in
order to nullify the Alternative Building Envelope.
Hansen Farm Conservation Easement
Z
Any slopes that may be altered due to construction within the Building Envelope
must be a 3:1 slope or less and must be reseeded to grass or other groundcover.
Any allowed residence or associated outbuildings may be repaired or replaced
with a similar structure located within the Building Envelope. The Grantors also
have the right to construct, reconstruct, maintain and repair, if necessary, utilities
and an access road to the Building Envelope. Any utility corridor and /or roadway
must follow the least damaging feasible route with regard to or within the
Protected Property.
C. Agricultural Structures and Improvements: New major buildings and
improvements such as barns, sheds, and garages which are to be used solely for
agricultural purposes, including the processing or sale of agricultural products
predominantly grown or raised on the Protected Property, may be built within the
Building Envelope described in Exhibit A . Water lines and water tanks may be
constructed anywhere on the Protected Property provided however, that any such
structures shall be located with the intent of causing the least possible
disturbance.
D. Terraces and Dams: The Grantors may construct, maintain, replace and repair
terraces, the lines, risers, and dams on the Protected Property according to
Natural Resource Conservation Service (MRCS) standards, to retain moisture and
reduce erosion in cropland, provided however, that any such terraces and/or dams
shall be located with the intent of causing the least possible disturbance to natural
resources.
E. Water Resources: In accordance with applicable laws and regulations, the
Grantors may maintain, enhance and develop any new or existing water resources
which may include but are not limited to wells, windmills, buried water pipelines,
irrigation, stock tanks and stock ponds on the Protected Property for permitted
agricultural activities, domestic needs, fish and wildlife uses, and private
recreation, except in those areas known to possess archeological resources.
F. Forest Management and Timber Harvest: Maintenance of wooded areas and
tree cover is integral to and part of the Conservation Purposes, including wildlife
habitat. As such, all activities affecting wooded areas and tree cover shall be
conducted in a manner that maintains healthy woodland conditions over time and
sustains and perpetuates the mix of native, naturally occurring species in
representative ages and group sizes. No trees (except those described in the
paragraph below) may be harvested from the area designated as woodland on the
Protected Property.
The Grantors may: (i) cut and gather dead, dying and down trees in the area
designated as woodland for firewood for personal use and to abate disease and
infestation; (ii) cut or prune trees and brush, which constitute a hazard to persons,
property, or road; (iii) cut trees within the Building Envelope; (iv) control
invasive woody species such as eastern red cedar, honey locust, and Siberian elm,
to preserve and restore native forest habitat; and, (v) remove trees outside of the
Hansen Farm Conservation Easement
7
"�" 0( MiC M �11
designated woodland to maintain, improve, and preserve grasslands, croplands,
fence lines, and sight lines in education and prairie restoration areas that enhance
scenic value.
G. Range Management and Livestock Production: The Grantors may use the
Protected Property for common or typical livestock production outside of the
designated woodland, including hay production, grazing, feeding, breeding,
raising, and managing livestock, provided these activities do not materially
jeopardize the Conservation Purposes. The term "livestock" includes American
Bison (Bison bison) and other livestock that are considered "traditional" at the
time of the execution of this Easement and within the local area surrounding the
Protected Property.
Sound range stewardship and livestock management are integral to the protection
of the wildlife habitat and other Conservation Values protected by this Easement.
As such, all activities affecting range health will be conducted in a manner that
fosters and/or maintains the ecological function of the land, water processes,
wildlife, and plant community succession. Livestock grazing shall not exceed
generally accepted standards for Washington County.
B:. Construction of Roads: Maintenance of existing farm roads and trails is
permitted, but no portion of the Protected Property outside of the Building
Envelope shall be paved or otherwise covered with concrete, asphalt, or any other
paving material. Nor shall any new unpaved road be constructed within the
Protected Property except.as needed for agricultural and educational activities.
I. Installation of Utilities: Grantors may install utilities for serving those uses
permitted on the Protected Property by the terms of this Easement. To the extent
practicable, such utilities shall follow the least damaging feasible route with
regard to or within the Protected Property.
J. Walking Trails: The Grantors may construct walking trails, including benches,
interpretive signs, and bridges to cross streams or ravines, subject to approval of
the Grantee whose approval shall not be unreasonably withheld.
K. Educational Use: The Grantors may allow the property to be used by groups of
any age for educational purposes, subject to prior notification and Grantors
approval.
L. Fencing: The Grantors may construct, maintain, replace and repair fences on the
Protected Property without prior approval of the Grantee, including localized
fences as needed to control drifting snow. Big game proof fences are permitted
within the Building Envelope without prior approval of the Grantee. No other
big game proof fences can be constructed on the Protected Property.
M. Recreational Uses: Unless otherwise restricted herein, any passive recreational
and educational activities that do not impact the Conservation Purposes,
Hansen Farm Conservation Easement 8
agricultural operation, and soils are permitted, including camping, hunting, and
fishing consistent with state and federal laws and regulations.
N. Hunting Blinds: Temporary hunting blinds may be constructed on the Protected
Property, so long as they are removed after hunting season.
U. Renewable Power Generation: The construction of wind, solar, biomass,
and /or other renewable power generation facilities for on -site domestic use in
conjunction with those activities permitted by this Easement are permitted within
the Building Envelope on the Protected Property, after reasonable notice to
Grantee containing a description and location map.
P. Brush Piles: Grantors may place tree stumps, logs, and brush originating from
the Protected Property in piles for burning, decay, or disposal outside of the
designated woodland.
Q. Habitat Improvement: Subject to other provisions of this Easement, the
Grantors reserve the right to undertake habitat improvement projects, subject to a
plan approved by the Grantee, which will enhance terrestrial and/or aquatic
wildlife habitat. All such activities shall be undertaken in order to protect the
Conservation Purposes of the Protected Property. Grantors may restore cropland
to grassland for livestock grazing and hay production, so long as high quality
certified weed -free seed is used that consists of native grass and forb species
found in the local area. Grantors must plant grassland on cropland that has
remained fallow for more than two years, using certified weed -free seed that
consists of native grass and forb species found in the local area.
R. Restoration of Grassland to Cropland: Grassland on the Protected Property
that is enrolled in the federal government's Conservation Reserve Program
(CRP) may be plowed and returned to crop production, subject to the terms and
restrictions in the CRP contract.
S. Prescribed Fire: Grantors reserves the right to conduct prescribed burning of
grasslands outside of the designated woodland to improve grassland health and to
control invasive species, so long as this activity is conducted in a manner that
does not impair the Conservation Values of the Property and adheres to local and
state regulations.
T. Agrichemicals: The Grantors may use agrichemicals outside of the designated
woodland, but only in accordance with all applicable laws and in those amounts
and with that frequency of application constituting the minimum necessary to
accomplish reasonable farming objectives and/or to improve wildlife habitat.
The use of such agents shall be conducted in such a manner as to minimize any
adverse effect upon the Conservation Values of the Protected Property and to
avoid any impairment of the natural ecosystems and their processes.
U. Water Resources: In accordance with applicable laws and regulations, the
Grantors may maintain, enhance and develop any new or existing water resources
Hansen Farm Conservation Easement 9
which may include but are not limited to wells, windmills, buried water pipelines,
irrigation, stock tanks and stock ponds on the Protected Property for permitted
agricultural activities, domestic needs, fish and wildlife uses, and private
recreation.
V. Residual Rights: Except as limited by this Easement, the Grantors may exercise
and enjoy all rights as owners of the Protected Property, including the right to use
the Protected Property for any purpose consistent with this Easement.
ARTICLE IV
General Provisions
A. Enforcement: The Grantee may enforce this Easement in law or in equity
against Grantors, their successors, assigns, licensees, tenants and permitees. If
there is a violation of any of the provisions of this Easement, the Grantee shall
have the right to notify the party in violation, who shall promptly cure the
violation by:
(1) Ceasing the violation; or
(2) Restoring the Protected Property to its condition before the violation; or
(3) Both, as the case may be.
If the violation continues, the Grantee shall have the right, but not the obligation,
to pursue legal actions or proceedings at law or in equity to cause such violation
to be cured. Grantors shall reimburse the Grantee for all expenses incurred,
including legal fees whether in or out of court and all other related or incidental
costs of proceedings, legal or otherwise, brought to cure an alleged violation of
this Easement or to collect such reimbursement. Failure to enforce any restriction
or covenant herein contained shall in no way be deemed a waiver of a right to do
so thereafter as to the same violation or breach 'or as one occurring prior or
subsequent thereto.
Notwithstanding anything herein to the contrary, Grantors agree and acknowledge
that they have no legal right or claim whatsoever arising against Grantee in the
event that Grantee in the future does not enforce any restriction in the Easement
or elect to become released from the Easement.
B. Amendments /Assignment: If the circumstances arise under which an
amendment to or modification of this Easement would be appropriate, this
Easement may be amended only with the written consent of Grantors, Grantee,
and local government as required by Neb. Rev. Stat. § 76 -2112. Any such
amendment shall be consistent with the Conservation Purposes of the Easement,
shall comply with Nebraska law and applicable federal law, and may not affect its
perpetual duration. Any amendment must be in writing, signed by both Parties,
and recorded in the official records of Washington County, Nebraska.
Hansen Farm Conservation Easement
10
C. Baseline Documentation Report: The Grantors and Grantee agree that the
present status of the agricultural, historic, scientific, ecological and natural
condition of the Protected Property at the date this Easement becomes effective,
shall be evidenced by reports, photographs, maps and scientific documentation
possessed at the present time. Said evidences of the condition of the Protected
Property are referred to collectively as the Baseline Documentation Report dated
April 18, 2014, which has been signed and acknowledged by the Grantors and a
representative of the Grantee and is incorporated herein by reference.
D. Title Warranty: Grantors warrant that they have good title to the Protected
Property; that the Grantors have the right to convey this Easement, and that the
Protected Property is free and clear of any encumbrances.
B. Environmental Warranty: Grantors warrant that they are in compliance with,
and shall remain in compliance with, all applicable Environmental Laws.
Grantors warrant that there are no notices by any governmental authority of any
violation or alleged violation of, non- compliance or alleged non - compliance with
or any liability under any Environmental Law relating to the operations or
conditions of the Protected Property. Grantors also warrant that they have no
actual knowledge of a release or threatened release of hazardous substances or
hazardous wastes on the Protected Property as such substances and wastes are
defined by applicable federal and state law. Grantors further warrant that they
have no actual knowledge of a release or threatened release of Hazardous
Materials as defined herein and by applicable federal and state law.
Moreover, Grantors hereby promise to hold harmless and indemnify the Grantee
against all litigation, claims, demands, penalties and damages, including
reasonable attorneys' fees, arising from or connected with the release or
threatened release of any Hazardous Materials on, at, beneath or from the
Protected Property, or arising from or connected with a violation of any
Environmental Laws by Grantors or any other prior owner of the Protected
Property. Grantors' indemnification obligation shall not be affected by any
authorizations provided by Grantee to Grantors with respect to the Protected
Property or any restoration activities carried out by Grantee at the Protected
Property; provided, however, that Grantee shall be responsible for any Hazardous
Materials contributed after this date to the Protected Property by Grantee.
"Environmental Law" or "Environmental Laws" means any and all Federal, state,
local or municipal laws, rules, orders, regulations, statutes, ordinances, codes,
guidelines, policies or requirements of any governmental authority regulating or
imposing standards of liability or standards of conduct (including common law)
concerning air, water, solid waste, hazardous materials, worker and community
right -to -know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health protection and
similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
Hansen Farm Conservation Easement
11
a f
right-to-know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health protection and
similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste
oils, explosives, reactive materials, ignitable materials, corrosive materials,
hazardous chemicals, hazardous wastes, hazardous substances, extremely
hazardous substances, toxic substances, toxic chemicals, radioactive materials,
infectious materials and any other element, compound, mixture, solution or
substance which may pose a present or potential hazard to human health or the
environment."
F. Release: Grantee may release this Easement through appropriate legal process
upon determining the Easement does not at any time in the future substantially
achieve the conservation and preservation purpose, in accordance with Sec. 76-
2,113, R.R.S. Neb., 1979, or as authorized by any other provision of law in effect
at the time such release is requested.
If circumstances arise in the future such as render the purposes of this Easement
impossible to accomplish, this Easement may only be terminated or extinguished,
whether in whole or in part, upon request of the Grantors and Grantee by judicial
proceedings in a court of competent jurisdiction, and the amount of the proceeds
to which the Grantee shall be entitled, after the satisfaction of costs from any sale,
exchange, or involuntary conversion of all or any portion of the Protected
Property subsequent to such termination or extinguishment, shall be determined
pursuant to Paragraph L. below.
G. Responsibilities of Grantors and Grantee Not Affected: Other than as
specified herein, this Easement is not intended to impose any legal or other
responsibility on Grantee, or in any way to affect any existing obligation of
Grantors as owners of the Protected Property. Among other things, this shall
apply to:
1. Taxes: Grantors shall continue to be solely responsible for payment of all
taxes and assessments levied against the Protected Property. If Grantee is ever
required to pay any taxes or assessments on its interest in the Protected Property,
Grantors will reimburse Grantee for the same.
2. Upkeep and Maintenance: Grantors shall continue to be solely responsible for
the upkeep and maintenance of the Protected Property, to the extent it may be
required by law. Grantee shall have no obligation for the upkeep or maintenance
of the Protected Property.
3. Liability and Indemnification: Grantors shall indemnify and hold harmless
Grantee, its employees, agents, and assigns for any and all liabilities, claims,
demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings,
Hansen Farm Conservation Easement
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actions, and costs of actions, sanctions asserted by or on behalf of any person or
governmental authority, and other liabilities (whether legal or equitable in nature
and including, without limitation, court costs, and reasonable attorneys' fees and
attorneys' fees on appeal) to which Grantee may be subject or incur relating to the
Protected Property, which may arise from, but is not limited to, Grantors'
negligent acts or omissions or Grantors' breach of any representation, warranty,
covenant, agreements contained in this Easement, or violations of any Federal,
State, or local laws, including all Environmental Laws.
4. Recording/Fees: Promptly following its execution by the Parties, Grantors
shall record the Easement with the Washington County Registrar of Deeds and
pay any fees associated with such recording. Notwithstanding the foregoing,
the Grantee is authorized to record or file any notices or instruments appropriate
to assuring the perpetual enforceability of this Easement; for such purpose, the
Grantors appoint the Grantee as Grantors' attorney -in -fact to execute,
acknowledge and deliver any necessary instrument on Grantors' behalf. Without
limiting the foregoing, the Grantors agree to execute any such instruments upon
request.
H. Monitoring: It is the obligation of both Grantors and Grantee, to monitor the
Protected Property so as to keep all agricultural lands, grasslands, springs, creeks,
ponds, wooded areas, and other natural conditions in the state and condition as
they exist at the date hereof, and in accordance with the Baseline Documentation
Report, subject to the terms and conditions specifically permitted herein.
I. Perpetuity of Easement: The covenants, terms, conditions, restrictions, and
purposes imposed with this grant shall bind the Parties, their agents, personal
representatives, heirs, assigns, and all other successors to them in interest and
shall run with the land and continue in perpetuity as servitude upon the Protected
Property.
J. Partial Invalidity: Invalidation of any provision of this Easement, by court
judgment, order, statute or otherwise, shall not affect any other provision which
shall remain in force and effect.
K. Notice of Condemnation: In the event all or any part of the Protected Property is
ever proposed for condemnation by the State or local government, the Grantors
must notify the Grantee immediately.
L. Termination /Condemnation: If the Easement is terminated, extinguished or
condemned, in whole or in part, or part of the Protected Property is sold for road
right-of-way pursuant to a threat of condemnation by a government agency,
Grantors and Grantee agree to divide the gross sale proceeds or condemnation
award in proportion to the fair market value of their respective interests in the
Protected Property as determined by the ratio of the appraised value of the
Easement to the unrestricted fair market value of the Protected Property as these
values are determined on the date of this Easement.
Hansen Farm Conservation Easement
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In the event that the Grantors do not obtain an appraisal to determine the value of
the conservation easement donation, such an appraisal may be obtained at the
time of termination, extinguishment, or condemnation to determine the above
ratio. If an appraisal is needed in the event of termination, extinguishment, and /or
condemnation, or the threat thereof, and in the case of a condemnation, if the
condemning entity will not bear the cost of an appraisal, the appraisal cost shall
be equally divided between the Grantors and the Grantee. If Grantors and Grantee
mutually agree in writing that the proceeds from a sale or condemnation
proceeding may be less than the cost of an appraisal, Grantors and Grantee may
determine the ratio for division of proceeds by mutual written agreement.
M. Property Transfer: Grantors agree to incorporate the terms of this Easement in
any deed or other legal instrument by which they divest themselves of any interest
in all or a portion of the Protected Property, including, without limitation, a
leasehold interest. Grantors further agree to give written notice to the Grantee of
the transfer of any interest at least twenty (20) days prior to the date of such
transfer. The failure of Grantors to perform any act required by this paragraph
shall not impair the validity of this Easement or limit its enforceability in any
way.
N. Subordination: Any mortgage, easement, lien or other cloud on the Protected
Property's title shall be subordinated to the terms of this Easement.
U. Governing Law: This Easement shall be construed to promote the purposes of
the enabling statute set forth in Sec. 76 -2,111 to Sec. 76- 2,118, R.R.S. Neb., 1943
(as amended) called the "Conservation and Preservation Easement Act ", which
authorizes the creation of Conservation and Preservation Easements for purposes
including those set forth in the Recitals herein, and the Conservation Purposes of
this Easement, including such purposes as are defined in Sections 170 (h)(4)(A)
of the Internal Revenue Code.
P. Acts of Nature: Unless otherwise specified, nothing in this Easement shall
require Grantors to take any action to restore the condition of the Protected
Property after any fire or other Act of Nature. Grantors understand and agree that
nothing in this Easement relieves them of any obligation or restriction on the use
of the Protected Property imposed by law.
�. Entire Agreement: This document sets forth the entire agreement of the
Grantors and the Grantee with respect to the Easement and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Easement.
If any provision is found to be invalid, the remainder of the provisions of this
Easement:, and the application of such provision to persons or circumstances other
than those as to which it is found to be invalid, shall not be affected thereby.
R. "Grantors" and "Grantee ": The tern "Grantors," as used in this Easement,
and any pronouns used in place thereof shall mean and include the above -named
Grantors, jointly and individually, and their heirs, personal representatives,
executors, successors and assigns. The term "Grantee," as used in this Easement,
Hansen Farm Conservation Easement
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and any pronouns used in place thereof shah mean The Nebraska Land Trust,
Incorporated, and its successors and assigns.
S. Titles: Section and Paragraph titles and subtitles are for convenience only and
shall not be deemed to have legal effect.
T. Costs, Liabilities, and Insurance: Grantors assume all responsibilities and shall
bear all costs and liabilities of any kind related to the ownership, operation,
upkeep and maintenance of the Protected Property, including the maintenance of
adequate comprehensive general liability insurance coverage that includes any
commercial hunting operation or other recreational or residential business.
Grantee's name shall be listed among the insured parties on the policy. Grantors
shall keep the Grantee's interest in the Protected Property free of any liens arising
out of any work performed for, materials furnished to or obligations incurred by
Grantors.
U. Effective Date: This Easement shall be effective when signed by the Parties and
recorded in Washington County. It is the intent of the Parties that this Easement
shall be effective in the year 2014.
Hansen Farm Conservation Easement 15
2014 .8A 18 3 09"
TO HAVE AND TO HOLD the above described Conservation and Preservation
Easement unto THE NEBRASKA LAND TRUST INCORPORATED and its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantors and the Grantee have executed this
Conservation and Preservation Easement on the date and year first herein set forth.
By: By:
Kenneth E. Hansen Diane L. Hansen
STATE OF NEBRASKA )
) ss.
COUNTY OF tUASN n ioO
The foregoing instrument was acknowledged before me on this o � �� day of
2014, by Kenneth E. Hansen and Diane L. Hansen.
GENERAL NOTARY - State of Nebraska.. _._. PA-Q�
ERIC PREISTER
My Comm. Exp. April 19, 2017 NOTARY PUBLIC
ACCEPTANCE
This Conservation and Preservation Easement is hereby accepted by THE NEB SKA
LAND TRUST INCORPORATED, Grantee herein.
By
David S. Sands, Executive Director
Date: L4 / � �
STATE OF NEBRASKA )
tU ) ss.
COUNTY OF Jv ,
The foregoing instrument was acknowledged before me on this g i l l day of
2014, by David S. Sands, Executive Director of The Nebraska Land Trust
Incorporated.
a A
GENERAL NOTARY - State of Nebraska j), .t
u� ERIC PREISTER Notary Public
My Comm. Exp. April 19, 2017
Hansen Farm Conservation Easement
16
- f MM-t
PLANNING COMMSSION ACTION
On the (0 day of � a , 2014, this Conservation and Preservation
Easement was considered by the Plannind Commissioners of Blair, Nebraska as to that portion of
the property within the easement lying within its jurisdiction. The Planning Commissioners of
Blair, Nebraska recommended that the City Council of Blair, Nebraska approve the Conservation
and Preservation Easement as to that portion of the property within the easement lying within its
jurisdiction.
- : V r4a . r' 4 T k-
Chaff an, Planning Commission of
Blair, Nebraska
APPROVAL OF THE CITY COUNCIL OF BLAIR, NEBRASKA
By Resolution duly adopted on the 1 day of M aQ , 2014, the City
Council of Blair, Nebraska, approved this Conservation and Preservation Easement as required
by Neb. Rev. Stat. § 76 -2112 as to that portion of the property within the easement lying within
its jurisdiction.
. `�� V." V�x �
'ty Counc 1 of ir, Nebraska
lY1 G1012. SdE^n s ,e rti t
Hansen Farm Conservation Easement 17
2 01 4 -0 1 8`4 3 9
EXHIBIT A
Description of the Property
Legal Description
Tax Lot Twenty (20) in Section Three (3), Township Eighteen (18) North, Range Eleven
(11) East of the 6th P.M., Washington County, Nebraska;
AND
Tax Lot Forty -Two (42) in Section Thirty -Four (34), Township Nineteen (19) North, Range
Eleven (11) East of the 6th P.M., Washington County, Nebraska.
Hansen Farm Conservation Easement
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