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This GRANT OF F,ASEMENT made and executed this .21 day of 7 q" �, 2005 by <br />DONALD G. WIRTH and DENISE G. WIRTI I, Husband and Wife, hereinafter ed to as <br />"Grantors ", for the purpose of creating a perpetual easement to run with the land hereafter <br />described, do make the following covenants in respect to such real estate. <br />WITNESSETH: <br />WHEREAS, Grantors are the owner in fee simple of that real estate general described as: <br />Lot Twenty (20), Capital Heights Sixth Subdivision, in the City of Grand Island, <br />Hall County, Nebraska, <br />hereinafter referred to as "Dominant Tenement" <br />WHEREAS, Grantors are also the owners of that real estate described as: <br />Lot Nineteen (19), Capital Heights Sixth Subdivision, in the City of Grand. Island, <br />Hall County, Nebraska, <br />hereinafter referred to as "Servient Tenement" located adjacent to the Dominant Tenement; <br />WHEREAS, Grantor desire to grant, a perpetual easement for the benefit of any owners <br />of the Dominant Tenement, their successors, heirs and assigns for the purpose of permitting <br />encroachment by a private drive affording access to the Dominant Tenement, subject to the <br />condition that all obligations herein required are performed by those subsequent owners, their <br />successors, heirs and assigns, <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is <br />agreed: <br />1. Conveyance of Easement. For and in consideration of good and valuable <br />consideration, the Grantor hereby grants and conveys for the benefit of all present and future <br />owners of the Dominant Tenement, a perpetual easement for continued maintenance of a <br />driveway for ingress and egress over, through and upon that portion of the Servient Tenement <br />described as: <br />A triangular parcel in the Northeast (NE) corner of Lot Nineteen (19), Capital <br />Heights Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska, <br />commencing at the point of intersection of the North boundary line with Dallas <br />Avenue; thence South along said Dallas Avenue approximately three (3) feet; <br />thence Northwesterly approximately eight (8) feet to the point of intersection with <br />the North boundary line of said Lot Nineteen at a point located approximately <br />seven (7) feet west of Dallas Avenue; thence easterly along the North boundary <br />line to the point of beginning, being that portion of the existing driveway <br />currently providing access to the Dominant Tenement hereinabove described. <br />2. Rights of Easement. Grantors further grant and convey unto all owners of the <br />Dominant Tenement, their heirs, successors and assigns, full and free right and liberty for such <br />owners of the Dominant Tenement, their, heirs servants, visitors, and licensees, in common with <br />all others having the like right, at all times hereafter, with or without vehicles of any description, <br />for all purposes connected with the use and enjoyment of the said Dominant Tenement for <br />whatever purpose the said land may be from time to time lawfully used and enjoyed, to pass and <br />re -pass along the said easement so established for the purpose of access to the Dominant <br />Tenement. <br />3. Grantors' Retention of Rights. Such easement hereby established is specifically <br />subject to the express understanding that the Grantors, their, heirs, successors and assigns, shall <br />M <br />c <br />0 <br />M <br />n <br />Cn <br />i <br />z <br />O M <br />rrtrt <br />� <br />'"' <br />!� <br />r) <br />1' <br />- <br />C_ v <br />ry <br />N <br />tD <br />r1 ! <br />.., <br />�� . <br />_� <br />CD <br />cri <br />CfI <br />co <br />r <br />:.7D <br />i <br />GO <br />c.0 <br />` <br />r ') <br />rf <br />..0 <br />n <br />GRANT OF EASEMENT <br />This GRANT OF F,ASEMENT made and executed this .21 day of 7 q" �, 2005 by <br />DONALD G. WIRTH and DENISE G. WIRTI I, Husband and Wife, hereinafter ed to as <br />"Grantors ", for the purpose of creating a perpetual easement to run with the land hereafter <br />described, do make the following covenants in respect to such real estate. <br />WITNESSETH: <br />WHEREAS, Grantors are the owner in fee simple of that real estate general described as: <br />Lot Twenty (20), Capital Heights Sixth Subdivision, in the City of Grand Island, <br />Hall County, Nebraska, <br />hereinafter referred to as "Dominant Tenement" <br />WHEREAS, Grantors are also the owners of that real estate described as: <br />Lot Nineteen (19), Capital Heights Sixth Subdivision, in the City of Grand. Island, <br />Hall County, Nebraska, <br />hereinafter referred to as "Servient Tenement" located adjacent to the Dominant Tenement; <br />WHEREAS, Grantor desire to grant, a perpetual easement for the benefit of any owners <br />of the Dominant Tenement, their successors, heirs and assigns for the purpose of permitting <br />encroachment by a private drive affording access to the Dominant Tenement, subject to the <br />condition that all obligations herein required are performed by those subsequent owners, their <br />successors, heirs and assigns, <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is <br />agreed: <br />1. Conveyance of Easement. For and in consideration of good and valuable <br />consideration, the Grantor hereby grants and conveys for the benefit of all present and future <br />owners of the Dominant Tenement, a perpetual easement for continued maintenance of a <br />driveway for ingress and egress over, through and upon that portion of the Servient Tenement <br />described as: <br />A triangular parcel in the Northeast (NE) corner of Lot Nineteen (19), Capital <br />Heights Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska, <br />commencing at the point of intersection of the North boundary line with Dallas <br />Avenue; thence South along said Dallas Avenue approximately three (3) feet; <br />thence Northwesterly approximately eight (8) feet to the point of intersection with <br />the North boundary line of said Lot Nineteen at a point located approximately <br />seven (7) feet west of Dallas Avenue; thence easterly along the North boundary <br />line to the point of beginning, being that portion of the existing driveway <br />currently providing access to the Dominant Tenement hereinabove described. <br />2. Rights of Easement. Grantors further grant and convey unto all owners of the <br />Dominant Tenement, their heirs, successors and assigns, full and free right and liberty for such <br />owners of the Dominant Tenement, their, heirs servants, visitors, and licensees, in common with <br />all others having the like right, at all times hereafter, with or without vehicles of any description, <br />for all purposes connected with the use and enjoyment of the said Dominant Tenement for <br />whatever purpose the said land may be from time to time lawfully used and enjoyed, to pass and <br />re -pass along the said easement so established for the purpose of access to the Dominant <br />Tenement. <br />3. Grantors' Retention of Rights. Such easement hereby established is specifically <br />subject to the express understanding that the Grantors, their, heirs, successors and assigns, shall <br />