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13 <br />201802007 <br />9. Easements. Each Lot Owner does hereby establish, give, grant, and convey <br />to the Declarant, the Association and to all Lot Owners for their mutual benefit <br />and the benefit of their respective successors, heirs, assigns, tenants, customers, <br />officers, employees, and invitees, the following easements and the benefits and <br />corresponding burdens shall be appurtenant to and run with the Subdivision and <br />each Lot therein: <br />a. Perpetual nonexclusive easements upon and across all the parking <br />lots, sidewalks, driveways, entrance and exit ways, and roadways on the <br />Subdivision which are now or hereafter from time to time used for pedestrian and <br />vehicular traffic and parking for the purpose of allowing pedestrian and vehicular <br />ingress and egress access to and from the adjacent public streets to and from each <br />Lot within the Subdivision and parking upon each Lot within the Subdivision. The <br />foregoing shall be subject to the right of the Lot Owner to relocate any such lots, <br />walks, drives, and similar facilities on its respective Lot from time to time, <br />provided, however, that no changes shall be made in such facilities that (a) deprive <br />any Lot from reasonable direct two -way vehicular access, ingress and egress to <br />and from each entrance into or exit from the Subdivision or any Lot over a paved <br />roadway, or (b) result in any misalignment of such facilities as between Lots. <br />b. Perpetual nonexclusive easements as may be necessary to install, <br />maintain, repair, reconstruct or replace underground utilities serving any portion <br />of the Subdivision over and across any such portion of the Subdivision that is not <br />within the building areas on the Subdivision; provided, that such easements shall <br />(i) be only for the most direct route or smallest space reasonably feasible and in <br />conformity with applicable codes and regulations, and (ii) be limited to areas or <br />routes so as not to interfere with the operation of permitted activities in the areas <br />in or adjacent to such easement and specifically be located solely in the setback or <br />yard requirements under the City of Grand Island Zoning Ordinance, (iii) permit <br />reasonable maintenance, repair, reconstruction and replacement in such a <br />manner as to not interfere with the use of areas adjacent to such easement, and <br />(iv) shall be subject to the Lot Owner of the benefited property being responsible <br />for conducting and for the payment of any construction, maintenance, repair, <br />reconstruction or replacement costs related to same, and (v) shall be to the extent <br />and duration necessary to assure the benefited property to be in compliance with <br />applicable codes and laws, and to provide a reasonable and beneficial use to the <br />benefited property for the required purposes. <br />c. Perpetual nonexclusive easements as may be necessary to install, <br />maintain, repair, or replace customary and commercially reasonable directional <br />signage for the Subdivision and businesses located there, provided that such <br />easement locations and specific signage must be approved by the Declarant or <br />Architectural Committee, as applicable, pursuant to the terms of this Declaration, <br />which consent shall not be unreasonably withheld. <br />d. All Lot Owners covenant and agree that they will cause the easement <br />areas defined in this Section 9 ( "Easement Areas ") to be used in a manner so as to <br />minimize any damage, injury or destruction of such Easement Areas. Each Lot <br />