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<br />90-106478
<br />EASEMENT
<br />THIS INDENTURE, .made this _LLth day of September, 1990
<br />between William J. Thein and Doris L. Thein, husband and wife,
<br />hereinafter referred to as "Grantors ", and the Village of Doniphan,
<br />Nebraska, a Municipal Corporation hereinafter referred to as
<br />"Village."
<br />WITNESSETH:
<br />That said Grantors in consideration of the sum of $1 .00 and
<br />other good and valuable consideration, to Grantors in hand paid by
<br />said Village, receipt of which is hereby acknowledged, do hereby
<br />grant, sell, convey and confirm unto said. Village and its assigns
<br />forever, a sewer and drainage easement for the right to use, build,
<br />lay, maintain, repair and construct a sanitary or storm sewer pipe
<br />or drainage way for the passage of sewer water and sewage or storm
<br />water, together with all appurtenances, w.fres, Tines, poTe%,.
<br />structures,,,, read other appl icc bl!e equipment pertaining to any severer^,
<br />or dr�z+nage facility, in, thnr,`cs; Sh, . over and under the parcel Of
<br />land described as folTows, to-wit:
<br />The East Six (6.0) feet of the West Twenty- 'three and Five
<br />Tenths , (23.5) feet of Lot Seven (7) , Block Two (2) , Ri of
<br />Addition to the Village of Doniphan, Nebraska.
<br />Grantors reserve the right to build upon or encroach upon
<br />said easement to the extent otherwise permitted by the Zoning
<br />Ordinances of the Village of Doniphan and in the event the Village
<br />must repair or replace any sewer lines i t will bear the entire cost
<br />of excavation and repair of any structures or encroachments placed
<br />over or upon the surface of said easement. Provided, however, if
<br />Grantors fail to build upon said easement prior to transferring
<br />title to the above described premises, subsequent owners, their
<br />heirs and assigns, shall be prohibited from placing buildings,
<br />improvements, or other structures upon said easement without the
<br />approval of the Village. Any trees, grass, and shrubbery placed
<br />on said easement shall be maintained by Grantors, their heirs,
<br />successors and assigns.
<br />Said Village shall cause any trench made on aforesaid realty
<br />to be properly refilled, and shall cause the area disrupted by
<br />their use to be returned to the condition it was in prior to any
<br />construction on said easement, and shall cause the premises to be
<br />left in a neat and orderly condition. This easement is also for
<br />the benefit of any contractor, agent, employee and representative
<br />of the Village and any of said construction work.
<br />Said Grantors for themselves, their heirs, executors,
<br />administrators and assigns affirm to said Village and its assigns,
<br />that they, the Grantors, are well seized in fee of the above
<br />described property and that they have the right to grant and convey
<br />this easement in the manner and form aforesaid, and that they
<br />shall warrant and defend this easement to said Village and its
<br />assigns against the lawful claims and demands of all persons. This
<br />easement runs with the land.
<br />The consideration recited includes damages for change of
<br />grade, if any, and any and all claims for damage arising from
<br />change of grade or grading are hereby waived.
<br />IN WITNESS WHEREOF, said Grantors have hereunto set their
<br />hands and seals the day and year first above written.
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