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99 109203
<br /> GRANT OF RIGHT-OF-WAY
<br /> This indenture is made and entered into this day of �7 �_
<br /> 1999, by and between Cliarles McDonald and Betty J. McDonald, usband
<br /> and wife, party of the first part (whether one or more) , and George W-
<br /> Foster, Doitiiciliary Foreign Personal Representative, Estate of Carl W.
<br /> Foster, Deceased, James F. Foster and Carol Foster, husband and wife,
<br /> collectively hereinafter referred to as party of the second part.
<br /> WHEREAS the party of the first part is seized of an estate in fee
<br /> simple. of a parcel of land described as
<br /> Lots Four (4) , Five (5) , Six (6) , Seven (7) , and Eight (8) , and Northwest
<br /> Quarter of the Southeast Quarter (NW1/4SE1/4) ,and the South half of the
<br /> Southwest Quarter (S1/2SW1/9) of Section Fifteen (15) , Township Ten (10) North,
<br /> Range Nine (9) West of the 6�'' P.M. , in Hall County, in the State of Nebraska,
<br /> except lhat part thereof conveyed to the State of Nebraska, described in deed
<br /> recorded in Book 71 on Page 15II of Deed Records in the office of the Register of
<br /> Deeds of Hall County, Nebraska, arid subject to existing public roads and
<br /> easements of record or apparent upon inspection.
<br /> as "parcel 1 " across which runs a path leading to real estate owned by
<br /> the second party, of a parcel of land described as
<br /> Lots Ten (10) , and Eleven (11 ) , in Section Eleven (11) , consisting of
<br /> approximately Eight-Five (85) acres, more or less, and Lots One (1) , Two (2) ,
<br /> and Four (4) , in Section FourLeen (14) , consisting of approximately One Hundred
<br /> Fifteen (115) acres, more or less, all of which is located on a Island in the
<br /> Platte River, in Township Ter� (10) , IVorth, Range Nine (9) , West of the 6th P.M.,
<br /> in Hall County, Nebraska
<br /> as parcel 2; and „
<br /> WHERE115, it is, necessary for- the Party of the second part, their
<br /> successors, assigns and invitees, to travel across Parcel 1 to arrive
<br /> at parcel 2, said Parcel 2 being "landlocked"; and
<br /> WHEREAS, the party of the first part has agreed, in consideration
<br /> of the sum of $2, 000.00 to be paid to him by .the party of the second
<br /> part, to grant to the party of the second part, an easement or right-
<br /> of-way over the real estate described as parcel 1 , for the purposes
<br /> hereinafi:er expressed.
<br /> NOW, THERL'FORE, pursuant i:o said agreement and in consideration of the
<br /> sum of $2, 000 .00 paid by the party of the second part to the party of
<br /> the first part, the receipt whereof is hereby acknowledged, the party
<br /> of the first part hereby grants to the party of the second part, his
<br /> heirs, successors and permittea assigns the following: full and free
<br /> right and liberty them, their tenants, servants, visitors, or
<br /> licensees, �in common with all others havinq the like right, at all
<br /> times hereafter, for all purposes connected with the use and enjoyment
<br /> of said land of the party of the second part for whatever purpose
<br /> where said land may be from t.ime to time lawfully used and enjoyed, to
<br /> pass or repass along the pattl currently connecting parcel 1 and parcel
<br /> 2. Party of the first part, further grants party of the second part
<br /> the ability to maintain or improve the path connecting parcel 1 and
<br /> parcel 2, and all persons claiming through them shall not commit waste
<br /> upon the property, shall keep it free of refuse and debris, and shall
<br /> further install, at their sole cost and expense, a cattle guard on or
<br /> near the gate connecting parcel 1 and parcel 2.
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