|
���
<br /> DEED R�CORD NO. 1Ol
<br /> 99SO8�THEAU6USTINECO.GR�NDISLAND.NEBR. � � �
<br /> r�rCI1TCT+S� SIJR�'IZ�Cr:SI�IP Dri,� °`^�
<br /> T??IC D',?:�.D made this 27th day of Dec.�mber, 1951, by and betweer Theodore t�'illiam ?3aumer and F�erb�rt F. Mayer, both
<br /> ' of Grand Isla.nd, in the �ounty of Ha).l, State of nebraska, �'-xecutors of the Las� �i�ill and Testament and Codicils thereto
<br /> of Charlotte C. �vasmer, also known as Charlotte C. von Wasmer, deceased, late of Grand Island, in the County of Hall,
<br /> State of Nebraska, parties of the first part, and `;�illiam J. '�gcC,o�aan and "�gnes C. McGowan, his wife, both of Gr�nd
<br /> Island, in the County of Ha1.l, State of h?erraska, parties of the second part,
<br /> �dITNESSrTH that the said p�rties of the first part, the duly appointed, qualified and acting Fxecutors of said
<br /> Charlotte C. ���asmer, also known a.s Charlotte C, von Zda.smer, decea.sed, under her Last �ti'ill and Testament and Codicils
<br /> thereto, which are of record in the office of the Probate Court of Hall County, l�et�raska, by virtue of the power and
<br /> authority grar,ted a.nd conferred upon them ur� er sa.id ti>>ill and Codicils, and in con�ideration of the sum of FIGHT
<br /> TIiGUSt!�1�'D DGLI�',RS (?>8,000.00) to them paid by the parties of the second part, the r�ceipt whereof is hereby confessed and
<br /> acknowledged, do by these presents grant, bargain, sell, remise, rel.ease, alien, convey and confirm unto the said
<br /> parties of tl�e second part as ,Toi.nt Tenants and not as tena.nts in common, ;aith survivorship between them, all of the
<br /> following described tract, piece and parcel of land situate, lying and being in th� Connty of Hall and State of 1�'ebraska
<br /> t o-wit :
<br /> The southerly 41.65 feet of Lot Four (4) in T31ock C`ne Flundred Thirty (130) of I�oenig and j�'iebets �!ddition in
<br /> the City of Grand Island;.Fiall County, l�'ebraska, accor�ing to the i ecorded plat thereof, and in addition thereto
<br /> a perpetual ea.sement running with the land over and upon the westerly 47.8 feet of the southerly 8 feet of the
<br /> northerly 90.35 feet of said Lot Four (4) above described for driveway purpos�s; the cost of ma.intenance,
<br /> repair and replacement of the driveway covered by this easement shall be borne one-half by the owner of the
<br /> southerly 41.65 feet of said Lot rour (4) a.nd one-half by the owner ef the easterly 32.4 feet of the northerly
<br /> 90.35 feet of said I,ot Four (4), at the time such maintenance, repair or replacement becomes necessary;
<br /> �11 of the above, however, being subject to a perpetual easement over� across and upon said southerly 41.65
<br /> feet of said Lot Four (4) f or the maintenance, repair and replacement of electrical and telephone wires above
<br /> : the ground substartially in the approximate location of said wires as they now exist over, across and upon.
<br /> said subservien.t premises in favor of the owners of the �aesterly 33.6 feet and the easterly 32.4 feet, all being
<br /> a pa,rt of the northerly 90.35 feet of said Lot I�our (4); subject further t o a perpetual easement running with
<br /> I the land over, across, upon and under that portion of the southerly 41.65 feet of said Lot Four (4) where the
<br /> w r i i
<br /> se e es now exist connectin the sew r in th :1e di t 1 to the S th f aid Lo F r 4 � i h
<br /> p p , g e e a y i.m r n e a e y o u o s t o u ( ) � t
<br /> the easterly 32.4 fee* and the westerly 33.6 feet, being parts of the northerly 90.35 feet of said Lot Four
<br /> (4) and which easement is f or the maintenance, repair, replacement and upkeep of said sewer line, but any
<br /> damages done to the subservient premises by the owners of the dominant premis�s in the maintenance, repair or
<br /> replacement of said sewer line covered by this easement, shall be paid by the owner of said dominant premises
<br /> in the exercise thereof, said damages being hereby expressly limited to the cdst of repair and replacement
<br /> of i.mprovements no�a or hereafter existing upon said subservient premises at tk�e time of making such repairs
<br /> or replacements; sub,ject further to the express right in favor of the owners of the westerly 33.6 feet and the
<br /> easterly 32,4 feet, both being parts of the northerly 90,35 feet of said Lot Four (4), to re-lay said sewer line
<br /> under the surface of the following ground, to-wit: The northerly 102 feet and the easterly 18 feet of said
<br /> southerly 41.65 feet of said Lot Four (4) at ar.y time that the owners of the easterly 32.4 feet or of the
<br /> westerly 33.6 feet, both being parts of the northerly 90.35 feet of said Lot �our (4) shall desire, which
<br /> right shal.l be a covenant running with said dominant land in favor of the owners thereof, but in the exercise
<br /> of which right, the owners of said dominant land shall pay for all damages occasioned by them in the exercise
<br /> of said right to the owners of the southerly 41.65 feet of said Lot Four (4) ; and the owners of the subservient
<br /> premises shall at no time construct any improvements on the souther]_y 41.65 feet of said Lot Four (4) upon or
<br /> under that portion of said premises covered by this right and easement last above described which shall extend
<br /> lower than 12 inches above the present sewer main running along and under the alley to the South of said Lot
<br /> Four (4) ;
<br /> together with all and singular the tenements, hereditaments and appurtenances thereunt o belonging or in any wise
<br /> appertaining; and also all the estate, right, title, interest, property, possession, claim and demand wha.tsoever, which
<br /> the said Testatrix had in her lifetime, and at the time of her decease, and which the said parties of the first part
<br /> have, by virtue of the said Last Will and Testament and Codicils thereto, or other�aise, of, in or to the above granted
<br /> premises, and every part and parcel thereof wi,r.h the appurr,enances;
<br /> It being the intention of all parties hereto, that in. the event of the death bf either of said second parties, the '
<br /> entire fee si.mple title to said real estate above described shall vest in the survivor of them ;
<br /> TG HAVI? Ar�D TO HCLD the said premises, the �ract of land aforesaid, with the �ereditaments and appurtenances
<br /> thereof, unto the said second pa.rties and to their assigns, ar.d to the survivor of said second parties, and to the heirs
<br /> and assigns of the survivor of them forever; ,
<br /> �1nd the said p�rties of the f irst part, for themselves,their heirs, exenutors and administrators, do hereby
<br /> covenant, promise ard undertake to and with the said parties of the secon3 part and their assigns, or to the survivor
<br /> of �.hem and to the heirs and assigns of such survivor, that they are lawfully the �'xecutors of t he Last �Jill and Testament
<br /> and Codicils theretc of the said �harlotte C. t�'asmer, also Icnown as Charlotte C. vontlasmer, and have power to convey
<br /> as aforesaid, and have in all respects acted� in making this cor,veyance, in pursuance of the authority granted in
<br /> and by the said Last tti�ill ar.d Testament and Codicils thereto, and that they have not made�one or suffered any act,
<br /> matter or thing whatsoever, since they �cere rxecutors as aforesaic�, iahereby the abpve gra ed premises, or any part
<br /> thereof, are, shall or may be impea.ched, charged or encumbered in any manner whatsoever.
<br /> Ilti G�,�7TI�'FSS tti�P:RrOF, the said parties of the first part have hereunto set their hands the day and year first above
<br /> written.
<br /> Theodore [1'illiam �3aumer
<br /> (�8.$0 I. ^, ,STA?�iPS) , Herbert F. ?�fayer
<br /> (CAP�C?a,LLrD ) ?{;xecutors of the Last tti'ill and
<br /> Testament and Codicils thereto of
<br /> Charlotte C. Wasmer, also known as
<br /> , Charlotte C. von Wasmer, deceased.
<br /> ST1�TT�', OP' N;�:}33�1SKFr )
<br /> ) ss : On this 2nd day of Tanuary, 1952, before me, a fiotary �ublic ��ithin and for said County,
<br /> CCUI�TY CF Fd�1LL ) personally appeared. Theodore �dilliam L�aumer and I-Ierbert F, '�ayer, F,xecutors of the Estate
<br /> of Charlotte C. �dasmer, also Icnown as Charlotte C. von'GJasmer, deceased, to me known to be
<br /> the identica.l persor,s and rxecutors describe3 in and who executed r,he above and foregoing instrumert aru� they
<br /> ackno�eledged the same to be their voluntary act and deed as such T?xecutors for the uses and purposes therein mentioned.
<br /> II�' t4?ITr;rSS �Ji�:'�T�CI' I have hereunto set my h�nd and officia.l seal the day and �ear last above written.
<br /> rfy commission expires iuly 15, 195b. (�?�,��L) Gladys L, Simpson `
<br /> I�otary Public
<br /> Filed for record this 9 day of Tar.uary 1952, at 3•30 ofcloc�c P. M. /
<br /> � �d�sr� C./oZ�
<br /> ; Re'gister of Deeds
<br /> ' �
<br />
|