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202500658
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Last modified
2/6/2025 4:15:02 PM
Creation date
2/6/2025 4:15:01 PM
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DEEDS
Inst Number
202500658
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202500658 <br />now or hereafter from time to time used for pedestrian and vehicular traffic and parking for <br />the purpose of allowing pedestrian and vehicular ingress and egress access to and from the <br />adjacent public streets and private drives to and from each Lot and parking upon each Lot. <br />(b) Perpetual nonexclusive easements as may be necessary to install, <br />maintain, repair, reconstruct or replace underground utilities serving any portion of the <br />Property over and across any such portion of the Property that is not within the building <br />areas on the Lot; provided, that such easements shall (i) be only for the most direct route <br />or smallest space reasonably feasible and in conformity with applicable codes and regulations, <br />and (ii) be limited to areas or routes so as not to interfere with the operation of permitted <br />activities in the areas in or adjacent to such easement and specifically be located solely in the <br />setback or yard requirements under the City of Grand Island Zoning Ordinance, (iii) permit <br />reasonable maintenance, repair, reconstruction and replacement in such a manner as to <br />not interfere with the use of areas adjacent to such easement, and (iv) shall be subject <br />to the Lot Owner of the benefited property being responsible for conducting and for the <br />payment of any construction, maintenance, repair, reconstruction or replacement costs <br />related to same, and (v) shall be to the extent and duration necessary to assure the <br />benefited property to be in compliance with applicable codes and laws, and to provide a <br />reasonable and beneficial use to the 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 signage for <br />the Property and businesses located there, provided that such easement locations and specific <br />signage must be approved by the Developers or Architectural Committee, as applicable, <br />pursuant to the terms of this Declaration, which consent shall not be unreasonably withheld. <br />(d) All Lot Owners covenant and agree that they will cause the easement <br />areas to be used in a manner so as to minimize any damage, injury or destruction of such <br />easement areas. Each Lot Owner covenants and agrees that it will promptly (at its sole <br />cost and expense) repair any damage, injury or destruction (other than ordinary wear and <br />tear) to any portion of the other party's Lot, buildings or other improvements that may be <br />caused by or result from its respective use or the use by its respective Lot Owners of the <br />easement areas, as applicable, and such party shall (at its sole cost and expense) restore the <br />damaged property to substantially the same condition as existed prior to any such damage, <br />injury or destruction. Each party will cooperate with the other party in good faith and use <br />commercially reasonable efforts to minimize disruption to other party's access to and use <br />of its property, the easement areas, and other easement rights granted herein in performing <br />any work described in this Section, including, but not limited to, providing commercially <br />reasonable advance notice prior to commencing any such work and coordinating such work <br />with the other party. <br />5. Building Codes. All construction and building shall be performed so that it will <br />comply with the requirements of the building codes and ordinances of Hall County and the <br />City of Grand Island, Nebraska. <br />6. Waiver of Exemption Right. NO OWNER MAY PROTEST PROPERTY <br />TAX VALUATIONS FOR ANY LOT REQUESTING A VALUATION LESS THAN ANY <br />5 <br />
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