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HomeMy WebLinkAbout20081363NUM PGS DOCTAX CK# IIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ADAMSFIOED~~ NE FEES~S,~~ pp CK# 20081363 INST. NO..~(1,.Q.8,~, ~ E ~ CHG ACCT # p RET F CASHy~ CK# _ D2t8 ~; ~ "Q~ TII11B /o: s.~A/~'1 RECD RETU NUM raa~ 7 ~~ b~> ~}' ~ato~J ~--~~~ /~ ~~ Q~ RD. COMP -?~.~ ~,t©~ REGISTER OF DEEDS COMPARE ~ ~ CADAS _ AO / CONSTRUCTION LIEN FOR WATER CONNECTION AGREEMENT WHEREAS, Hastings Utilities (HU) and Milburn W. Erickson and Jacqueline J Erickson, As Tenants In Common, are parties to a Water Connection Agreement executed by the parties on the 26th day of March 2008, and incorporated herein by reference; and, WHEREAS, K Milburn W. Erickson and Jacqueline J. Erickson, As Tenants In Common have specifically waived rights under the Nebraska Construction Lien Act; and, WHEREAS, ,Milburn W. Erickson and Jacqueline J. Erickson, As Tenants In Common agreed to complete certain improvements thereunder in exchange for improvement by HU of the said real estate by connection to a water main. WHEREAS, Milburn W. Erickson and Jacqueline J. Erickson, As Tenants In Common remain obligated to HU for said improvements provided-in accordance with the terms of the said Agreement, WHEREFORE, Hastings Utilities hereby gives notice of its lien in accordance with the terms of the said Water Connection Agreement against the following real estate: The South 100' of the North 400', of the East 233' of the North 100 acres of the SE 1/ Section 24, T-7-N, R-10-W ,west of the 6t'' PM. ~da~S CoJK+y, ~p_brgs Kq, Marvin H. Schultes, being the duly-appointed Manager of Hastings Utilities, hereby affirm that the above is a true and correct statement of a lien claimed by Hastings Utilities against the real estate described herein. STATE OF NEBRASKA) ss ADAMS COUNTY ) ~rvin H. Schultes Manager of Hastings Utilities On this~_day of ~ ~p~.t ~ , 2008, before me, Ronald W Sekora, a Notary Public, duly commissioned and qualified for and residing in said county, personally came Marvin H. Schultes to me known to be the identical person(s) described in and who executed the foregoing construction lien and acknowledged the said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the day and year last above written. ~~~ r tltl 6ENERAI NOTARY • State of Nebraska Notary Pub1iC Docs/Emp]oyees/Sekora/HU08/lien/Erickson Water Connection Agreement.doc IIN 130NALD W. SEKORA - '~~.'...'_ ~_ My Comm. Exp. Sept. 28, 2010 f o~S zoo~i~s WATER CONNECTION AGREEMENT This Agreement between the Board of Public Works of the City of Hastings, authorized by statute and ordinance to direct and supervise the operation of Hastings Utilities, and Milburn W. Erickson and Jacqueline J. Erickson, are Titleholders of the following real estate located in an area served by Hastings Utilities: The South 100' of the North 400', of the East 233' of the North 100 acres of the SEl/4 Section 24, T-7-N, R-10-W west of the 6th PM, Adams County, Nebraska. WHEREAS, the Board of Public Works of the City of Hastings is authorized by statute and ordinance to provide water, sewer service, electricity and natural gas to residents of the City of Hastings and the surrounding area; and, WHEREAS, the real estate described above is improved by a residence served by private water and wastewater disposal systems developed and maintained by the said titleholders and their predecessors in title; and, WHEREAS, it is the intention and purpose of the Board of Public Works to deliver water, sewer service, electricity and natural gas to the residents of the City of Hastings and the surrounding area at the lowest cost possible, at the greatest convenience possible and with the least disruption possible to the services now used by the residents of the said area; and, WHEREFORE, the Board of Public Works and Titleholders hereby stipulate and agree: 1. That the Board of Public Works shall undertake forthwith to deliver water and sewer service in accordance with its standard service agreements therefor and to deliver electricity and natural gas in accordance with its standard service agreements to the improvements on the said real estate when possible; 2. That Titleholders agree to the following terms and conditions: HU08/pjslmsw/Agreements/Water Connection Agreement 3/26/08 Hastings Utilities, Hastings, Nebraska 68901 -Page 1 of 4 OfS WATER CONNECTIONAGREEMENT age Z of ~ v V A. That within sixty (60) days of execution of this agreement titleholder shall connect their domestic water system thereon to the public water delivery system operated by Hastings Utilities. Titleholders shall be liable for the cost of abandonment of their private water well in accordance with the standards of the Nebraska Department of Health and the NebraskaDepartment of Environmental Quality in effect at the time of the abandonment thereof, and the attached form for well abandonment must be filled out and returned to Hastings Utilities within ninety (90) days of abandonment. Money is available from the NRD and Hastings Utilities to help with this cost. B. That, if titleholders now receive electrical power from Hastings Utilities, they will retain the said service, or, if they do not now purchase-electrical power from Hastings Utilities, they will begin to do so under the standard electrical service agreement of Hastings Utilities within thirty (30) days after the said service becomes available to the said residence or within thirty (30) days of execution of this Agreement, whichever occurs later; C. That, if titleholders now receive natural gas service from Hastings Utilities, they will retain the said service, or, if they do not now purchase natural gas service from Hastings Utilities, they will begin to do so under the standard natural gas service agreement of Hastings Utilities within thirty (30) days after the said service becomes available to the said residence or within thirty (30) days of execution of this Agreement, whichever occurs later; D. That, if the provisions of Paragraph 2, Sections A is not met, titleholders agree that Hastings Utilities will disconnect all utility services according to the policies set forth for disconnection. 3. That, upon installation of a domestic water system from the public water supply under the provisions of Paragraph 2(A) herein, residential Titleholders operating a private water system prior thereto may continue to operate the said private system exclusively for non-potable uses on the said real estate for a period often (10) years from the date of this Agreement or until the said system is no longer operable or until contaminate levels are unsafe, or until Titleholders no longer reside thereon, whichever occurs earlier and that if said parcel does not have a private water supply, said parcel may not install a private water system unless parcel contains over two (2) acres. Such operation of the private water system by titleholders upon said real estate maybe continued only if in accordance with the requirements of ordinances of the City of Hastings (Article X, Section 31- 1004, Hastings City Code), and that in consideration for operating a private water system, potable or non-potable, a backflow preventer must be installed by the property owner at the meter of the service from the public water supply if private water system enters residence and that the two systems must be physically separated from one another; HU08/pjs/msw/Agreements/Water Connection Agreement 3/26/08 Hastings Utilities, Hastings, Nebraska 68901 ~aT~~ Page 2 of 4 WATER CONNECTIONAGREEMENT age o 4. Titleholders hereby agree that this Agreement shall constitute a lien upon the said real estate in favor of the Board of Public Works which shall be extinguished by performance of abandonment of private water well. 5. That, upon fulfillment of all the terms of this Agreement, Titleholders shall be entitled to release of the said lien by written demand upon the Board which within thirty (30) days from receipt thereof shall execute and deliver to Titleholders a release of the lien; 6. That Titleholders hereby waive all rights under the Nebraska Construction Lien Act not specifically set out in this Agreement; 7. That this Agreement constitutes the entire understanding of the parties; 8. That this Agreement shall be binding upon the heirs, successors and assigns of the parties and shall run with the said real estate until duty extinguished. STATE OF NEBRASKA ) BOARD OF PUBLIC WORKS ss. COUNTY OF ADAMS ) $y; arvin H. Schultes, Manager of Utilities The foregoing Agreement was acknowledged before me by Marvin H. Schultes, Manager of Utilities of Hastings Utilities, on this ~-- day of I~R ~` , 2008 ~. Notary Public GENERAL NOTARY - Stets of Nebraska RONALD W.SEKORA _ My Comm. Exp. Sept 28, 2010 HU08/pjs/msw/Agreements/Water Connection Agreement Page 3 of 4 3/26/08 Hastings Utilities, Hastings, Nebraska 68901 ~~f~ WATER CONNECTIONAGREEMENT TITLEHOLDERS) MILBURN W. ERICKSON & JACQUELINE J. ERICKSON STATE OF NEBRASKA SS. } F COUNTY OF ADAMS ~ $y; ~ Milburn ric son Before me, a notary public qualified for said county, personally came x'17/Lf3a~~v W . ~2rctc5oN Titleholder, known to me to be the identical person who signed the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and Notarial seal on this z~'"` day of /~ q }ZC,~} 2008. GENERAL NOTARY - State of Nebraska i~ RONALD W. SEKORA ~:?': - My Comm. Exp. Srpt. 28, 2o1D otary Public STATE OF NEBRASKA ~ ~ `_ f~ ss. BY , c= -rt..Q~ ~ rYC,J COUNTY OF ADAMS ~ Jacqu ine 7. Erickson Before me, a notary public qualified for said county, personally came JACc?c~L~nr~ ~ EtvuU'or.i Titleholder, known to me to be the identical person who signed the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and Notarial seal on this z(~,~T"day of I~,/~tZ.C~}.4~ / 2008. GENERAL NOTARY • State of Nebraska ~,/~ ~'] ~~ ~ .~C1-c'~ICa't-c. I~ RONALD W. SEKORA Notary Public My Comm. Exp. Srpt. 28, 2010 HU08/pjs/msw/Agreements/Water Connection Agreement 3/26/08 Hastings Utilities, Hastings, Nebraska 68901 Page 4 of 4 <,j Q"1