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JOINT DRIVEWAY AND GARAGE AGREEMENT <br />THIS AGREEMENT made this 0 day of February, 2001 by and between Arvid C. Carlson Personal <br />Representative of the Estate of Maxine V. Carlson, Deceased, Party of the First Part, and Sharon Hughes <br />and Gene Hughes, husband wife, Parties of the Second Part: <br />WITNESSETH: <br />WHEREAS, the above named First Party is the owner of the following described real estate, to -wit: <br />The West One Half (W 1/2) of Lot Seven (7), Block "A" of Boehms Subdivision in the City of Grand <br />Island, Hall County, Nebraska. <br />WHEREAS, the above named Second Parties is the owner of the following described real estate, to -wit: <br />The Easterly One -Half (E1 /2) of Lot Seven (7), in Block "A" of Boehms Subdivision in the City of <br />Grand Island, Hall County, Nebraska. <br />WHEREAS, the parties hereto desire to create for themselves, their heirs, successors and assigns, a joint <br />driveway easement and common garage agreement as the same are now situated on the two parcels of land <br />referred to above. <br />NOW, THEREFORE, in consideration of the mutual promises, obligations, and rights herein created, <br />said First Party does hereby give, grant and convey unto said Second Parties and unto their heirs, <br />successors, and assigns, the right -of -way, or easement over, along and across the East Five Feet of the real <br />estate owned by said First Party, described above. <br />And said Second Parties do hereby five, grant and convey unto said First Party and unto their heirs, <br />successors, and assigns, a right -of -way, or easement over, along and across the West Five Feet of the real <br />estate owned by said Second Parties, described above. <br />The Joint driveway or easement thus created shall be for the joint use of the parties hereto and for their <br />heirs, successors, and assigns for joint driveway purposes. Neither party hereto, their heirs, successors or <br />assigns shall so use or leave their vehicle or anything else in said driveway so as to prevent the free and <br />uninterrupted use of said driveway by the other party for the purpose for which this joint driveway easement <br />was created <br />Each of the parties hereto, their heirs, successors or assigns, shall bear one -half of the cost of maintaining <br />said driveway in a reasonably good condition, and such cost of maintenance shall include reconstruction <br />when reasonably necessary. Notwithstanding the above provisions, either party casing damage to said <br />driveway through negligence on the part of the party themselves or others for them or on their behalf shall <br />be wholly responsible for any such damage resulting from any such negligence. <br />Each of the parties hereto, their heirs, successors or assigns, shall bear one -half of the cost of maintaining <br />reasonably necessary. Notwithstanding the above provision, either party casing damage to said garage <br />through negligence on the part of the party themselves or others for them or on their behalf shall be wholly <br />responsible for any such damage resulting from any such negligence. <br />This agreement shall be deemed to be a covenant running with the title to the land and shall be binding <br />upon the parties hereto, and upon their heirs, successors and assigns, so long as either of said above <br />described lots is used for private residence purposes and provided, however, that this easement may be <br />released at any time by appropriate agreement for that purpose entered into between the owners or said lots, <br />duly executed and acknowledged and filed for record in the office of the Register of Deeds of Hall County, <br />Nebraska. <br />IN WITNESS WHEREOF, the parties herein have set their hands thisday of 2001 <br />Cy� <br />M <br />H <br />�T 1 <br />C <br />C= <br />o <br />rn �' . <br />—� a <br />rn <br />CD <br />cn <br />t� <br />cn <br />N <br />o <br />n <br />�. <br />C <br />/� <br />n <br />�T <br />C!1 <br />CIl <br />a <br />U <br />• <br />JOINT DRIVEWAY AND GARAGE AGREEMENT <br />THIS AGREEMENT made this 0 day of February, 2001 by and between Arvid C. Carlson Personal <br />Representative of the Estate of Maxine V. Carlson, Deceased, Party of the First Part, and Sharon Hughes <br />and Gene Hughes, husband wife, Parties of the Second Part: <br />WITNESSETH: <br />WHEREAS, the above named First Party is the owner of the following described real estate, to -wit: <br />The West One Half (W 1/2) of Lot Seven (7), Block "A" of Boehms Subdivision in the City of Grand <br />Island, Hall County, Nebraska. <br />WHEREAS, the above named Second Parties is the owner of the following described real estate, to -wit: <br />The Easterly One -Half (E1 /2) of Lot Seven (7), in Block "A" of Boehms Subdivision in the City of <br />Grand Island, Hall County, Nebraska. <br />WHEREAS, the parties hereto desire to create for themselves, their heirs, successors and assigns, a joint <br />driveway easement and common garage agreement as the same are now situated on the two parcels of land <br />referred to above. <br />NOW, THEREFORE, in consideration of the mutual promises, obligations, and rights herein created, <br />said First Party does hereby give, grant and convey unto said Second Parties and unto their heirs, <br />successors, and assigns, the right -of -way, or easement over, along and across the East Five Feet of the real <br />estate owned by said First Party, described above. <br />And said Second Parties do hereby five, grant and convey unto said First Party and unto their heirs, <br />successors, and assigns, a right -of -way, or easement over, along and across the West Five Feet of the real <br />estate owned by said Second Parties, described above. <br />The Joint driveway or easement thus created shall be for the joint use of the parties hereto and for their <br />heirs, successors, and assigns for joint driveway purposes. Neither party hereto, their heirs, successors or <br />assigns shall so use or leave their vehicle or anything else in said driveway so as to prevent the free and <br />uninterrupted use of said driveway by the other party for the purpose for which this joint driveway easement <br />was created <br />Each of the parties hereto, their heirs, successors or assigns, shall bear one -half of the cost of maintaining <br />said driveway in a reasonably good condition, and such cost of maintenance shall include reconstruction <br />when reasonably necessary. Notwithstanding the above provisions, either party casing damage to said <br />driveway through negligence on the part of the party themselves or others for them or on their behalf shall <br />be wholly responsible for any such damage resulting from any such negligence. <br />Each of the parties hereto, their heirs, successors or assigns, shall bear one -half of the cost of maintaining <br />reasonably necessary. Notwithstanding the above provision, either party casing damage to said garage <br />through negligence on the part of the party themselves or others for them or on their behalf shall be wholly <br />responsible for any such damage resulting from any such negligence. <br />This agreement shall be deemed to be a covenant running with the title to the land and shall be binding <br />upon the parties hereto, and upon their heirs, successors and assigns, so long as either of said above <br />described lots is used for private residence purposes and provided, however, that this easement may be <br />released at any time by appropriate agreement for that purpose entered into between the owners or said lots, <br />duly executed and acknowledged and filed for record in the office of the Register of Deeds of Hall County, <br />Nebraska. <br />IN WITNESS WHEREOF, the parties herein have set their hands thisday of 2001 <br />Cy� <br />