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SO-- ~U4933
<br />EASEMENT
<br />WHEREAS, Donald R. Mason and Beverly :I. Mason, husband and
<br />wife, as joint tenants and not as tenants in common, are the record
<br />owners of Lot One (I), Freeman Subdivision, an Addition to the City
<br />of Grand Island, Hall County, Nebraska;
<br />WH1~tEAS, Marjorie M. Smith and Jerry D. Smith, her husband,
<br />are the owners of Lot Two (2) in Freeman Subdivision, an Addition
<br />to ttxe City of Grand Island, Ha11 County, Nebraska;
<br />WHERFIIS, pursuant to the plat and dedication of Freeman
<br />Subdivision (revised), there is an eight foot water easement
<br />located along and upon the Southerly eight feet of Lot One (1)
<br />which water easement contains a water service line serving the
<br />owners of Lot Two (2) in said subdivision;
<br />WHE~tEAS, in accordance with the dedication and plat for
<br />Freeman Subdivision (revised), there is located an eight foot
<br />sanitary sewer easement in Lot 'i~ao ('L) which contains a sanitary
<br />sewer serving the owners of said Lot One (1) in Freeman Subdivision;
<br />WHEREAS, the owners of Lot One (1) and 'Iteo (2) in Freeman Sub-
<br />division (revised) desire to enter into a written agreement with
<br />reference to their indivicirral rights and obligations with reference
<br />to making use of such easemenC areas;
<br />IT IS NOW, 't7{EREFORE, AGREE'il i3Y AND t3ElWF:.EN DUNALll R. MASON
<br />ANI} tit:VritLY J. MASON, HIi5t3AND ~~\'D WIFF,, AS JOINT T>~NANTS riivD ivOT
<br />AS TENANTS IN e.(ggtON, HEREINAFTER REFERRI 'I'O AS "MASONS", AND
<br />MARJORIE M. S'MITti AND Jt~tRY D. SMI'PH, HEEL tiL'SHAtSD, HEREINAi~TER
<br />REFt~CRED `IY7 AS '"PITHS",AS FOLLUWS:
<br />1. 'ifie SMITHS, ttleir successors and assigns, shall have Che
<br />right to make use" of Che wafer easemenC Located along and upon
<br />Lot One (1) in said subdivision for the purposes of rnainCaintng ,i
<br />water service line to serve Lot T1,uo (2) in said subdivision. SMI"1'ttS
<br />shall have Che perpetual right to locate, construct, and maintain
<br />a water service line Ln such area together with Che righC of ingress
<br />and egress thereto, for Che purposes of repairing ar replacing such
<br />water service. MASONS shall be prohibited from planCing trees,
<br />bushes, and shrubs or placing ether obstructions upon, over, alonj;,
<br />or underneath the surface of such easemenC area. In ttre avc:nC. hat
<br />it Ls necessary For SML'CIiS,or Choir sucee:ssurs or a,sipins, tea d>rlrlat
<br />Che surface of° Ctte promises i.n order Co repair ar replace ~;r.tc:h wcrtc+r
<br />service line, Che SMICtiS, their successors and assigns, shah havw
<br />the rhxty to restore Che surface. of such Lot One (1) properly ii.llLng
<br />and Camp[ncJ the uremises Co make such prr>misrms as t.4•vu1 us iC was
<br />brEtore sorb repat-rs or replacements wer€r made. In thc~ event xhcrc
<br />the MASONS, their successors or assigns, should viotcrCE" th[-; .r~rut+-
<br />ment and place any improvc;ments un Che sort-ace ar under the ~:urt~re:e
<br />in the said easemenC arras ctnd iC Ls necuc~s:try for l:ter~m Co bu rwrx~ved
<br />in order for the SINITHS, Choir successors or assL~;ns, Co mai.ntcri.n
<br />or repair such wafer service line, Che SMI'CHS, Chrtir successors and
<br />assigns, sha12 have no duty whaCSOever to restore. such t.mprovrrmenCs.
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