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<br /> PARTY VJALL AGREEA�NT. ,�
<br /> This Agreement made a3�d entered into this �rd day of Apri1,1925,by and between M. J. Kelly ij
<br /> and Elva Kell his wife of Grand Island Nebraska ''
<br /> Y, , , ,parties of the first part,and Alfonzo
<br /> Darling,a single person,of Grand Island,Nebraska,party of the second part,
<br /> "�ITNESSETH:
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<br /> That,whereas M. J. Kelly is seized in fee simple .of Lot Six (6) ,Block Thirty � 30) ,of the �'
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<br /> . Original 2oavn now City of Grand Island,Nebraska,and Alfonzo Darling is seized in fee simple ';
<br /> of Lot seven ( 7) ,Block Thirty (3�) of the Original Town now City of Grand Island,Nebraska, "
<br /> and,"Phe�eas,the parcels of real estate above described are ad�oining lota,the boundary `i
<br /> line between the two parcels being a straight line extending from Fourth Street to the
<br /> alley between Fourth and Fifth �treets,and,"Vhereas,the parties hereto desire to provide�? �
<br /> for the erection of a party wa11 on said la.nd,No�,Therefore,it is mutually agreed as follo�ve; ;i
<br /> That for and in consideration of the payment of One (�1Q0) Dollar and the covenants and
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<br /> ag�'eements hereinafter contained the said first pa.rties do b�� these presenta demise and le_ �i
<br /> • ase u�}to t�e said Alfonzo Darling a strip of ground thirteen (13" ) inches �ide along and of�
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<br /> the east line of said Lot Six ( 6) ,Block Thirty (30) of said Addition,ox so much thereof as ''
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<br /> may be needed for the purposes herein set forth,for the purpose of erecting and ma.intaining ��
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<br /> thereon a �
<br /> party wall v�ith proper footings thereunder as hereinafter more specifically statec�.
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<br /> Second party for and in consideration of the covenants and agreements herein contained an�
<br /> the payment of One� (�1. 00) Dollar by first party,by these presents demise and lease unto I�. J�
<br /> ; Kelly a strip of ground thirteen ( 13" ) inches �ride along and off the �eat line of the said ��
<br /> ;� Lot Seven (7) ,Block Thirty (30) of the said Addition,or so much thereof as may be needed fori
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<br /> i the u oses herein set f�rth for the ��
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<br /> p rp , puxpose of erecting an d maintaining thereon a party I
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<br /> i� wall �ith propex footings thereunder as hereinafter more specifically stated. !;
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<br /> �� 2his agreement embraces thirteen inches of real estate on each side of t he dividing line !�
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<br /> �I between the two respective tracts herein described and is made for the so le purpose of allow.�
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<br />. ! ing a party �aall to be ereeted along and over said dividing line between the said two parcel�
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<br /> � �� of ground and said lea,se shall be and continue in force so long as said t�all when erected �j`
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<br /> '� shall stand;or so long as either party hereto shall desire to maintain the same. Said wall �';
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<br /> �i i� to be built of brick and is to be � inches in thickness. The parties hereto contemplate a �
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<br /> � one-story wall,the footings under the wall sha21 be at least � inches in width upon either �;
<br /> I'�! side of the boundarq line,the cen�er of the said wall to be exactly o�er said dividing line �
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<br /> between the respective tracts hereinbefore described. � ;I
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<br /> Trze a.foresaid party v�aZl is to be erected by first party at his own cost and is to ex- ;i
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<br /> tend back from Fourth Street a distance of 132 feet upon the boundary line hereinbefore ��
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<br /> i described,one-half of said wall to be on each side of the said dividing line and the same i
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<br /> is to be mair�tained at the sole expense of the first party so long as first party retains il
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<br /> i the sole use of the same,a.nd the costs of maintena.nce when used by both parties hereto is ,
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<br />� ;; to be borne equally. ��
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<br />'� ' It is understood and agreed that only such portion of land mutually leased herein shall jj �
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<br />' ; be considered used or under the control of the other party as shall actuallp be used for �i
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<br /> !; party wall purposes. ��
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<br />- � It is further mutudlly agreed that said parties hereto have the ri�ht whicY� is hereby ,�;
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<br /> ; granted to them or either of them to use,utilize and enjoy the whole or any part of said ;i
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<br /> party wall at any time they may desire to do so,cor.ditioned only upon first paying to party �j
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<br />� of the first part one-half of the value of the said w all or such part thereof as they may
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<br />� I, desire to use.
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