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<br />EASEMENT AGREEMENT . ~---
<br /> ~
<br />
<br />SEEBER and ROXANNE L. SEEBER, husband and wife, hereinafter
<br />GRANT
<br />WHEREAS
<br />,
<br />referred to as the first party, whether one or more, are the owners of the following described real
<br />estate:
<br />Lot Nine (9), Block Sixteen (16), Fairview Park Addition to the City of
<br />Grand Island, Hall County, Nebraska, known as 1010 W. 9th Street,
<br />Grand Island, Nebraska
<br />WHEREAS, RODNEY CONLEY, PATRICIA GRUDZINSKI and MICHAEL CONLEY, Co-
<br />Persanal Representatives of the estate of Lillian L. Conley, deceased, hereinafter referred to as
<br />second party, whether one or more, are the owners of the following described real estate:
<br />Lot Eight (8), Block Sixteen (16), Fairview Park Addition to the City of
<br />Grand Island, Hall County, Nebraska, known as 1014 W. 9th Street,
<br />Grand Island, Nebraska
<br />WHEREAS, an automobile garage located upon the real estate owned by the second party
<br />encroaches upon the real estate owned by the first party as shown on Exhibit "A" attached hereto;
<br />and
<br />WHEREAS, the first party consents to grant an easement to the second party for a tract of
<br />land which includes the area of the garage encroachment upon the first party's real estate.
<br />NOW THEREFORE, far One Thousand Six Hundred Dollars ($1,600.00), the receipt of
<br />which is hereby acknowledged by the first party, the first party hereby grants to the second party
<br />an easement on the fallowing described real estate:
<br />The Westerly Eighteen (18) inches of the Norkherly Twenty Seven
<br />(27) Feet of Lot Nine (9), Black Sixteen (16), Fairview Park
<br />Addition. to the City of Grand Island, Hall County, Nebraska
<br />The foregoing easement shall be to enable the secand party to continue to maintain the
<br />existing garage building in the area it presently occupies on the easement and such easement
<br />shall continue indefinitely; provided, that if the garage sustains structural damage not caused by
<br />first parley, then it will be removed or reconstructed in accordance with the provisions of the City of
<br />Grand Island building code and this easement shall terminate and be of no further farce and effect.
<br />Any risk of any loss or damage to the garage shall rest with the second party unless such loss or
<br />damage is caused by the negligence of the first party.
<br />The easement granted herein shall include the right of the second party to enter upon the
<br />first party's real estate adjacent to the easement area for the purpose of painting, repairing or in
<br />any other reasonable manner for the upkeep of the garage building subject to the right of entry
<br />being first granted by the consent of the first party.
<br />The second party agrees with the first party to install and maintain an eaves rain gutter and
<br />downspout on the east side of the garage to drain into the alley on the earth. Second party agrees
<br />to keep, save and hold first party free from all liability and claims far damages by reason of any
<br />injury to any person or persons or property of any kind or any cost connected with the use of first
<br />party's yard far access for the installation or maintenance of the rain gutter and downspout, unless
<br />such injury or damage is caused by the negligence of the first party.
<br />This easement shall run with the land and be binding upon the parties hereta, their
<br />respective invitees, heirs, devisees, personal representatives, agents, assigns and transferees.
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