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COMPARE
CADAS ~ AO '~
ADAMS COUNTY, NE
FILED
INST. NO. 200'75543
Datela-al.o~ Timed IN Om
REGISTER OF DEEDS
DRAINAGE AND EROSION CONTROL EASEMENT
;'
This Drainage and Erosion Control Easement is made as of December 1, 2007, by John
R. Rostvet and Jodi A. Rostvet, husband and wife ("Developers").
WHEREAS, Developers are owners of adjoining tracts of real estate situated in the
Freeland Creek Subdivisions in rural Adams County, Nebraska;
AND WHEREAS, Developers desire to specify the terms and conditions of the drainage
easement shown on the plat of Freeland Creek Third Subdivision, Adams County,
Nebraska, as described below.
NOW THEREFORE, Developers hereby retain for themselves, their successors and
assigns, an EXCLUSIVE PERPETUAL EASEMENT to survey, construct, install,
inspect, repair and maintain a channel and related structures for the drainage of water
over, along, upon and across,the following described real estate:
The North Ninety-Two Feet (N 92') of Lot 1, Freeland
Creek Third_Subdivision, Adams County, Nebraska,
according to the recorded plat thereof.
1. The owners of Freeland Creek Third Subdivision ("the Owners") shall maintain the
easement area in such a way that they shall not restrict the free flow of drainage water
across it. Except as stated herein, the Owners shall retain the right to use and enjoy the
easement area as they see fit.
2. Developers shall have the right of ingress and egress to and from easement area for the
purpose of exercising the rights granted herein.
3. Developers, at their own expense, shall have the right to install.and maintain natural or
man-made erosion control structures, plantings or filtration systems within the easement
area, the location of which shall be determined by mutual agreement of the parties.
4. Neither Developers nor the Owners shall construct or install any other surface
structures, including, but not limited to, fences, walls, buildings, signs, plantings or trees,
within the easement area without the express written consent of the other, which consent
shall not be unreasonably withheld.
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200'75543
5. Ordinary wear and tear excepted, any party causing damage to the easement area shall
be solely responsible for the repair and restoration of any disturbed areas to.their former
condition as soon as reasonably practicable.
6. Neither party shall grant any other persons or entities easement rights for access,
utilities, etc. across the easement area without the express written consent of the other.
7. This easement is for the benefit of both parties and their tracts of real estate, and the
easement created hereby is superior and paramount to the rights of the parties or their
successors in the respective servient estates so created. This easement is a covenant
which shall run with the land. ;
8. This easement shall continue in full force and effect until mutually terminated in
writing by Developers and the Owners. Any modification of this agreement must be in
writing and filed of record with the Register of Deeds of Adams County, Nebraska.
9..This easement is binding upon the parties and their heirs, successors and assigns.
IN WITNESS WHEREOF, Developers have executed this agreement as of the day and
year first above written. -'
~~ -
Jo R. Rostvet, Jod' A. Rostvet,
Developer Dev to er
STATE OF NEBRASKA )
SS.
COUNTY OF ADAMS ~)
On ~ ~c ~~ 2007, John R. Rostvet and Jodi A. Rostvet, husband and wife,
personally appeared before the undersigned notary public and acknowledged execution of
the foregoing instrument to be their voluntary act and deed.
s1R.m:; ~ :~..~,e.u,~.c
Notary Publi
Prepared by:
Richard C. Witt,#16787
Shoemaker, Witt & Burris
P.O. Box 309
Hastings, Nebraska 68901
402-463-6671
GENERAL NOTARY-State o1 Nebraska
TAMIJ.TACKWELL
My Comm. Exp. Nov. 30, 2011
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