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200611450 Third AMENDMENT to RESTRICTIVE COVENANTS AND CONDITIONS OF FRANCIS VILLA COURTYARD HOMEOWNERS ASSOCIATION Page - 1 - of - 2 - THE UNDERSIGNED. who constitute seventy-five percent (75%) or more of the of the voting members of Francis Villa Courtyard Homeowners Association, pursuant to the Restrictive Covenants and Conditions, filed May 1, 1998 as Document No. 98~104090, and to the second amendment, filed July 29, 2003 as Document No. 200309779. Article I of said Document No. 98-104090 defines "Association" as "Francis Villa Courtyard Homeowners Association Inc." ~ WHEREAS: The sections, noted below, of the Grand Island City Code require property owner to maintain certain items in the City Right of Way adjacent to their property as follows: . Section 17-51 requires the property owner to keep the weeds mowed. . Section 32~58(2) Requires sidewalks to be repaired by the owner. . Section 32-59 & 32-73 require removal of ice and snow from the sidewalks. . Section 35-12 requires water service pipes, meters and other apparatus to be maintained. And WHEREAS: The Board of Directors of Francis Villa Courtyard (the Complex) agree that the Homeowners Dues (Annual Assessment) to Francis Villa Courtyard Homeowner's Association may be used to cover service items in the City Right of Way, adjacent to the complex that are not covered by the City. Such costs as outlined above and specified by the various sections of The Grand Island City Code. NOW THEREFORE, IT IS RESOLVED TO AMEND THE FOLLOWING DOCUMENTS : . No. 98-104090, THE RESTRICTIVE COVENANTS AND CONDITIONS FOR FRANCIS VILLA COURTYARD HOMEOWNERS ASSOCIATION, FILED MAY 1, 1998 . No. 200309779, AMENDMENT No.2 to THE RESTRICTIVE COVENANTS AND CONDITIONS, FILED JULY 29, 2003 ~ ARTICLE I, DEFINITIONS: Paragraph 7 of Document No. 200309779, shall be deleted in its entirety and a new paragraph 7. Substituted in its place to read as follows: Note: it is the intent ofthis amendment to return paragraph 7. to the original wording of Document No. 98-104090. 7. Common Area "Common Area" shall mean Outlet "A", the private street which is named Francis Drive. Add a new paragraph 18 to Article I of Document No. 98-104090 to read as follows: 18. City Rie:bt ofWav "City Right of Way" shall mean the area adjacent to Francis Villa Courtyard (The Complex) and shall include the area bounded by The Complex property line(s) and the applicable curb line; and where stakes defining the property line(s) are just outside of The Complex fence line; and where the Koenig street curb line is on the north, the Adams street curb line is on the east and the Charles street curb line is on the south. ~ (Continued)