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<br />Return To: Denise D. Myers, Attorney
<br />P.O. Box 505
<br />Cairo, NE 68824
<br />RECIPROCAL IMPACT EASEMENT
<br />AND WAIVER
<br />This easement, made this 5 day of uS4- , 2021, between John D. Harders and
<br />Kate L. Harders, husband and wife, hereinafter collectively (First Party), and Daniel Harders and Laura A.
<br />Harders, husband and wife, and Kenneth Harders and Deborah A. Harders, husband and wife, hereinafter
<br />collectively (Second Party).
<br />WHEREAS, First Party is the owner of a certain property legally described as: Lot One (1), J & K
<br />Estates Subdivision, Hall County, Nebraska (hereafter "First Party Property");
<br />AND WHEREAS, Second Party is the owner of adjacent property, legally described as: The
<br />Southeast Quarter (SE1/4) of Section Seventeen (17), Township Eleven (11) North, Range Eleven (11)
<br />West of the 6'h P.M., Hall County, Nebraska, EXCEPTING THEREFROM Lot One (1), J & K Estates
<br />Subdivision, Hall County, Nebraska (hereafter "Second Party Property").
<br />WHEREAS, First Party intends to construct a single family dwelling upon First Party Property.
<br />Second Party operates a livestock feeding operation within the Second Party Property.
<br />WHEREAS, The First and Second Parties desire to obtain and grant a permanent impact easement
<br />to the other party to this document pursuant to Hall County Zoning Regulation 2.03.218.1 and 4.02.08 as
<br />the same exist on the date hereof.
<br />NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable
<br />consideration, receipt of which is hereby acknowledged, it is agreed as follows:
<br />1. First Party does hereby grant and convey to the Second Party, their successors and assigns,
<br />a perpetual Impact Easement, as the same is defined in Hall County Zoning Regulations, in and into the air
<br />space above the First Party's Property, and the full and free right to cause to exist in said air space such
<br />odor, smoke, dusts and other legal impacts which may be associated with the conduct of livestock feeding
<br />operations on the Second Party Property, so long as said operations are conducted in compliance with all
<br />applicable Federal, State and local laws, rules and regulations. First Party, on behalf of themselves, their
<br />heirs, personal representatives and assigns, and all persons claiming by or through First Party, do hereby
<br />fully waive and release any right or cause of action which they now have or which they may have in the
<br />future against the Second Party, their successors, assigns, lessees or agents, arising from the odor, smoke,
<br />dust and other legal impacts which may be associated with the conduct of livestock feeding operations on
<br />the Second Party Property.
<br />2. First Party does hereby further grant to Second Party an impact easement allowing the Second
<br />Party, their successors and assigns, the right to expand Second Party's livestock feeding operation to locate
<br />the operation closer to the First Party's residence than permitted by the County Zoning Regulations of Hall
<br />County.
<br />3. Second Party does hereby grant and convey to the First Party, their successors and assigns,
<br />a perpetual Impact Easement, as the same is defined in Hall County Zoning Regulations, to allow the
<br />construction of a single family dwelling closer than the separation distance required between the feeding
<br />operation and a new residential structure, as set forth in the Hall County Zoning Regulations. The Second
<br />Party does further waive the setback requirements as set forth in the Hall County Zoning Regulations for
<br />the construction of the First Party's new residence.
<br />4. Subject to the terms set forth herein, this Easement shall run with the land and shall be binding
<br />upon the parties, their successors in interest and assigns.
<br />5. This Easement Agreement constitutes the entire agreement of the parties. Any modification of
<br />this Easement Agreement shall be binding only if evidenced in writing and signed by all record owners of
<br />First Party Property and Second Party Property.
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