This instrument was prepared by
and when recorded, this instrument should be returned to:
Kutak Rock LLP
1650 Farnam St.
Omaha, NE68102
Attn: A. Jill Stigge, Esq.
______
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herein called this “Easement”) is made effective as of
May _____, 2017 by and between BLOCK 27 LAKE LOT OWNERS ASSOCIATION, INC., a Nebraska non-profit corporation,together with its successors and assigns (collectively, "Grantor"), and Stephen J. and Jean A. Kessler, a married couple, together with its successors and assigns(collectively, "Grantee").
Preliminary Information
Grantor is the owner of that certain parcel of property described on Exhibit A, which is attached hereto and incorporated herein (the "Grantor Property"). Grantor Property includes common areas that are for the benefit of the entire homeowner’s association (the “Association”). Association shall have the meaning set forth in the Declaration of Covenants, Conditions, and Restrictions for Block 27 Buccaneer Bay executed on or about December 23, 1996. Grantee is the owner of Lot 49, which abutsGrantor Property, and described on Exhibit B, which is attached here to and incorporated herein (the "Grantee Property"). Grantor and Grantee desire to enter into this Easement to establish an easement as described herein and as shown on Exhibit C ("Easement Area").
NOW, THEREFORE, in consideration of the foregoing and the covenants, conditions, and agreements set forth herein, and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1.Easement to Grantee.Grantor hereby grants to Grantee for the benefit of Grantee and its agentsand invitees, a nonexclusive easementfor the Easement Area for the purpose ofinstallation of an approved boat lift.
2.Maintenance of Easement Area.The Easement Area shall be maintained in good condition. Said maintenance shall include, without limitation, no rust, good working condition and all other items set forth in theLakeRules dated 4/1/2017 and the Board approved Architectural Control request submitted by the Grantee. Grantee shall be solely responsible for, at its sole cost and expense, all reasonable repairs and maintenance of any improvements made upon the Easement Area. The Grantor shall have no obligation to maintain any improvements on the Easement Area. The Grantor, in its sole discretion can determine that the said improvement does not meet stated maintenance requirements. If the Grantee does not correct the deficiencies, the Board, with 30 days written notice, can initiate the removal of said improvements with the cost to be borne by the Grantee.
3.Improvements. Notwithstanding anything to the contrary set forth herein, the Easement Area may be used by Grantor and any member of the Association, for any lawful purpose.Grantee acknowledges that the Easement Area is for the benefit of the entire Association. Grantee shall not be entitled to construct any improvements on the Easement Area without the prior written consent of the Board of the Association.
4.Termination. The term of the Easement is perpetual, except that in the case of the abandonment of the Easement or an occurrence of an event of default by the Grantee. At the Grantor’s option, all right, privilege and interest granted hereunder in the Easement shall terminate in accordance with the terms and conditions set forth herein. For purposes of the Easement, an event of default by the Grantee shall mean any violation of the terms and conditions of the Easement or abandonment of the Easement. Determination of an event of default will be at the sole discretion of the Board of the Association. If an event of default occurs, and the Board elects to terminate the Easement, Grantor shall give Grantee thirty (30) days written notice of termination to the Grantee. Upon request of the Grantor, Grantee agrees to execute and record such documents that may be reasonably requested by Grantor further evidencing the termination and release of this Easement.
5.Notices. All notices, demands, consents, approvals and other communications which are required or desired to be given by either party to the other hereunder shall be in writing and shall be: (i) hand delivered; (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested; or (iii) sent by nationally recognized overnight mail carrier. In each case notice shall be addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. Notices, demands, consents, approvals, and other communications shall be deemed given when hand delivered; if mailed, three days after mailing; or if sent by nationally recognized overnight mail carrier, the date of delivery or attempted delivery. Notices shall be deemed sufficiently served or given on the date dispatched in a manner provided above. The initial addresses of the parties shall be:
To Grantee:Stephen J. and Jean A. Kessler
19707 Shoreline Dr.
Plattsmouth, NE68048
Telephone: ______
To Grantor:Block 27 LakeLot Owners Association
P.O. Box 285
Plattsmouth, NE68048
Telephone: ______
With a copy to:Kutak Rock LLP
1650 Farnam Street
Omaha, NE68102
Attention: A. Jill Stigge, Esq.
Telephone: (402) 346-6000
6.Indemnification. Grantee shall indemnify Grantor, its successors and assigns, against any and all claims and losses arising out of Grantee’s use, operation, maintenance and other activities in the Easement Area, any failure to comply with the terms herein, and/or any federal, state or local laws or regulations, ordinances permits or other authorizations, approvals related to the Easement Area.Grantee shall further indemnify Grantor, its successors and assigns, for any loss or damage to the Easement Area sustained by virtue of failure of the Grantee to properly maintain the Easement Area.
7.No Dedication. No portion of the Grantor Property shall be deemed a gift or dedication to the general public, or for any public use, or purpose whatsoever and no rights, privileges or immunities of any party hereto shall inure to the benefit of any third-party, nor shall any third-party be deemed to be a beneficiary of any of the provisions contained in this Easement.
8.No Fee Conveyance. No party to this Easement is hereby conveying any land or title thereto, but merely is granting the Easement, rights and privileges described herein. Furthermore, Granteeshall never claim any ownership of the Easement Area.
9.No Assignment. Grantee hereby acknowledges and agrees that Grantee shall not at any time transfer or assign this Easement, in whole or in part, any of its rights or obligations hereunder. Any assignment which is not in strict compliance with the terms and conditions of this Paragraph 9 shall be void ab initio, and shall be of no force and effect whatsoever.
10.Attorney's Fees. The prevailing party in any action, litigation, arbitration or mediation arising out of this Easement is entitled to the award of reasonable attorney's fees incurred in connection with such action, litigation, arbitration or mediation.
11.Miscellaneous. This Easement may be executed in any number of counterparts, each of which shall constitute an original. This Easement, together with the Exhibits attached hereto and made a part hereof, constitute the entire agreement between the parties with respect to the subject matter hereof, and supercedes any prior oral or written agreements between the parties in regard thereto. There are no verbal agreements which can or will modify this Easement, and no amendment or waiver of any of its terms will be effective unless in writing and executed by the parties. This Easement will be construed and enforceable in accordance with the laws of the State of Nebraska, without application of its choice of law rules. Time is of the essence of this Easement.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the date first written above.
GRANTEE:______
Name:______
STATE OF NEBRASKA)
) SS
COUNTY OF CASS)
On ______, 20____, before me, ______, Notary Public in and for said County and State, personally appeared ______who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
______
Notary Public
(Seal)
GRANTOR:BLOCK 27 LAKE LOT OWNERS ASSOCIATION, INC., a Nebraska non-profit corporation
By:______
Name:______
Title:______
STATE OF NEBRASKA)
) SS
COUNTY OF CASS)
On ______, 20____, before me, ______, Notary Public in and for said County and State, personally appeared ______and who is the ______of BLOCK 27 LAKE LOT OWNERS ASSOCIATION, INC., a Nebraska non-profit corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
______
Notary Public
(Seal)
1
EXHIBIT A
Grantor Property
LOT 1LR, AND OUTLOTS C1R, C2R, C3R, AND C4R ALL IN BLOCK 27, BUCCANEER BAY, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED AT BOOK 14, PAGE 445, IN CASS COUNTY, NEBRASKA.
4811-5973-1526.2