1669 Washington St-Sidewalk along west of this buildingO -11W4
Recorded
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Prepared by and after Recording Return to:
Brenda Wheeler, City Clerk, City of Blair, 218 S. 161h Street, Blair, NE 68008 (402) 426-6694
DATE OF INSTRUMENT: April i '2016
EASEMENT
rF'- I L E D
WASfIINGtOIN COUNTY
REGISTE'v� OF DEEDS
This Agreement made this = day of April, 2016 by and between the City of Blair, Nebraska, a
Municipal Corporation, hereinafter referred to as "Grantor" and LARD, Inc. dba Heartland
Tasting Room, hereinafter referred to as "Grantee".
In consideration of the One Dollar ($1.00) 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:
BC LOT 15 BLK 46 114 PC 13
Parcel ID # 890044338
Commonly known as the sidewalk on the west side of 1669 Washington Street, Blair,
Washington County, Nebraska.
This easement is for the sole purpose of use of the municipal sidewalk by Grantee for outdoor
patio seating. No modifications of sidewalk shall be made without specific authorization in
writing from the Grantor consenting to such modifications. The easement for the outdoor patio
seating area shall allow a maximum width of five (5) feet and a maximum length of fifty (50)
feet and must be enclosed on three (3) sides by a secure fence at least forty (40) inches in height.
The Grantee further hereby agrees to hold 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 use of the municipal
sidewalk and maintenance thereof.
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 and hold 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 hold 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 use of the municipal
sidewalk and the Grantee shall further be liable to the municipality for any attorney fees,
expenses, or other expenses incurred in recovery of such damages.
In the event that Grantor must remove the outdoor seating patio or any portion of sidewalk on the
municipal right of way subject to this easement for any lawful purpose, Grantee and their
respective legal representatives, successors and assigns shall be solely responsible for
replacement and/or restoration of the sidewalk on the property subject to this easement and all
costs and expenses associated with such replacement.
In order to assure that utilities are not damaged, Grantee shall not grade down the sidewalk
without the written consent of Grantor.
This grant of easement shall be granted for a period of three (3) years 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.
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION, Grantor
BY
Jarfies E 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 day of April, 2016.
XZ01
ebraska
ELER
0, 2016 NOTARY PUBLIC
LARD, INC. DBA HEARTLAND TASTING ROOM
Z-1
BY
Rich rd Ferrington
Joyce re ringfon
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
Before me the undersigned, a Notary Public in and for said county and states, personally came
Richard and Joy Ferrington 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 her voluntary
act and deed.
WITNESS my hand and seal this day of April, 2016.
W
ERAL NOTARY - State of NebraskaBRENDA R WHEELER NOTARY PUBLIC
My Comm. Exp, June 20, 2016