|
<br /> Cf\~ ~
<br /> ~
<br /> I'J C<3 ~ !~ n ~ !'.......:>
<br /> ..:::':,,) 0 Ul
<br /> ~ Tn X c:::.:.:.::.-
<br /> * "~r'~ "- CT;> 0 -j
<br /> C" rn (J') r"~:" c ~
<br /> "'- "". n :t: =:3 -j
<br /> 't. Z ~ ~ \, Z
<br /> ~ ;,z n x :::0 -j rT1
<br />I'\J ~ 0 \;;! p,,,\- = -<
<br />S ..-;'," i~/; ,,"") '- 0
<br /> 0 rn li.:I" o '<'f: C> "
<br />S ~ l'- (') ,~: ;"f
<br />0'> ~ "":1"J ':I: "T1 c..v " z
<br />S c.v tjl" ('-I.
<br /> t ! c' :x:: III
<br />-->-. ~ Pl [ :n l> (JJ
<br />00 Pl ::3 r :;0
<br />.j::l. r- 2\ 0 r J>
<br />....... [f) (Il
<br /> .-.
<br /> ~ c:::l /<:
<br /> ~ J>
<br /> -c --- ---
<br /> (...) Ul
<br /> C/'l
<br />
<br />
<br />
<br />PARTY WALL DECLARATION - DUPLEX RESIDENCE
<br />
<br />200601841
<br />Whereas, Woodward Construction, Inc., a corporation, organized and existing by and under
<br />the laws of the State of Nebraska, is the owner in fee ofthe following described real estate situated
<br />in the City of Grand Island, State of Nebraska:
<br />
<br />Lot Three (3), Pleasant View Eighth Subdivision, to the City of Grand Island, Hall County,
<br />Nebraska, and Lot Four (4), Pleasant View Eighth Subdivision, to the City of Grand Island, Hall
<br />County, Nebraska;
<br />
<br />Otherwise known as 1037 Sun Valley Boulevard and 1041 Sun Valley Boulevard
<br />respectively; and
<br />
<br />Whereas, said owner has constructed on said premises, for sale to various persons, a single
<br />dwelling unit composed of two separate residences connected by a division wall between said
<br />residences; and '
<br />
<br />Whereas, it is the intended by the undersigned to create, in favor of a purchaser of each
<br />residence, an easement covering a party wall consisting of2 framed walls with two (2) sheets of 5/8"
<br />firerock each from the floor to the peak of the trusses (i.e. total of 4 sheets), and placed equally
<br />divided on the lot lines separating the lots upon which the separate residences are erected;
<br />
<br />Now, therefore, the undersigned Woodward Construction, Inc., in order to protect each and
<br />every purchaser, his successors and assigns, of any lot or parcel of said premises, the following
<br />easements on building structures and party walls located on said premises are hereby created, to wit:
<br />
<br />1. Party Wall Declaration. The said dividing wall is hereby declared to be a party wall
<br />between the adjoining residences erected on said premises.
<br />
<br />2. Maintenance of Party Wall. The cost of maintaining each party wall shall be borne
<br />equally by the owners on either side of said wall.
<br />
<br />3. Damage to Party Wall. In the event of damage or destruction of said wall from any
<br />cause, other than the negligence of either party thereto, the then owners shall, at joint expense, repair
<br />or rebuild said wall, and each party, his successors and assigns, shall have the right to the full use
<br />of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction
<br />of said wall, such negligent party shall bear the entire cost of repair or reconstruction. If either party
<br />shall neglect or refuse to pay his share, or all of such cost in case of negligence, the other party may
<br />have such wall repaired or restored and shall be entitled to have a mechanic's lien on the premises
<br />of the party so failing to pay, for the amount of such defaulting party's share of the repair or
<br />replacement cost.
<br />
<br />- -- 4. -Drilling Through-Party Wall. Either p_~rty shall ~ave t~e right to break through the
<br />party walls for the purpose of repairing or restoring sewerage, water, utilities, subject to the
<br />obligation to restore said wall to its previous structural condition at his own expense and the
<br />payment, to the adjoining owner of any damages negligently caused thereby.
<br />
<br />5. Easement. Neither party shall alter or change said party walls in any manner, interior
<br />decoration excepted, and said party walls shall always remain in the same location as when erected,
<br />and each party to said common or division wall shall have a perpetual easement in that part of the
<br />premises of the other on which said party wall is located, for party wall purposes.
<br />
<br />6. Exterior Decoration. The exterior of each and every dwelling, in said dwelling unit,
<br />shall be decorated with a uniform color, which shall be agreed upon by the owners of dwellings
<br />within said multiple unit. The necessity and time for making such exterior decoration shall be
<br />determined in the same manner.
<br />
<br />o ,."
<br />:':j
<br />Nor
<br />o~
<br />o J::
<br />mrl'
<br />c:::l :-:s...
<br />(,,1)
<br />'-'2
<br />
<br />~~
<br />
<br />.-. ,.....
<br />
<br />~
<br />II ~ crO
<br />
|