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103304 88- lying easterly of and adjoining the completed Easterly line of Lot One (1), in Block Three (3) of said Elm Place Addition; and WHEREAS, ,for more than ten (10) years there has been located on Tracts I and II a common driveway facing West Division Street with a 7.8 foot frontage ,thereto situated on Tract I and with a 8.1 foot frontage thereto situated on Tract II; and WHEREAS, for more than ten (10) years there has been located on Tracts I and II a common garage with frontage of such common garage being parallel to West Division Street with approximately 9.7 feet of frontage being situated on Tract I and 10.3 feet of frontage being situated on Tract II; and WHEREAS, for more than ten (10) years the owners, occupants and invitees of those in possession of Tracts I and II have made use of the aforereferenced conunon driveway and common garage being located partially on Tract I and partially on Tract II: and WHEREAS, a survey has been prepared by Rockwell Beer Engineering and surveying dated April 21, 1988, showing the location of the aforereferenced common driveway and common garage, which survey is identified as Exhibit "A" and is attached hereto and made a part hereof by this reference: and WHEREAS, Wades and Weils desire to commit to writing an agreement with reference to the use and maintenance of the aforereferenced conunon driveway and common garage. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Wades and Wells acknowledge that the facts set forth in the recitals a.bove are true and correct and said recitals are specifically incorporated in this agreement and made a part of this agreement by this reference. 2. Wades grant to Wells and her successors in title a perpetual easement over and across the common driveway herein described for the purposes of Wells and her successors in interest in Tract II having access for ingress and egress to the common garage herein described and to otherwise have access to the rear of Tract II, but specifically excluding the right to park vehicles or otherwise to obstruct that portion of the common driveway located on Tract I. 3. Wells grants to Wades and their successors in title a perpetual e8SE!ment over and across the common driveway herein described for the purposes of Wades and their successors in interest in Tract I having access for ingress and egress to the common garage herein described and to otherwise have access to -2- L .. --.J