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DECLARATION OF RECIPROCAL EASEMENTS 2 0110 7 5 9 0
<br />COVENANTS AND RESTRICTIONS
<br />THIS DECLARATION OF RFCIPROCAL EASEMENTS, COVENANTS AND RESTRICTIONS (the
<br />"Declaration") is made as of the �_ day of October, 2011, by Batis Development Company, a Kansas
<br />corporation ("Developer").
<br />WITNESSETH:
<br />WHEREAS, Developer is the owner in fee of that certain real property located in the City of Grand Island,
<br />County of Hall, State of Nebraska, depicted on the Site Plan attached herefo as Exhibit A and legally described
<br />as Lot 1, Meadowlark West Ninth Subdivision on the Replat recorded as Instrument No. 020110647p, Hall
<br />County, Nebraska ("Lot 1"), and Lot 2, Meadowlark West Ninth Subdivision on the Replat recorded as Instrument
<br />No. 0201106470, Hall County, Nebraska ("Lot 2"), hereafter collectively referred to as the "Developer Property";
<br />WHEREAS, the Developer hereby desires to acknowledge that the Developer Property is subject to that
<br />certain Declaration of Restrictions and Grant of Easements dated March 11, 1999 befinreen Robert M. Allen
<br />Family Limited Partnership, a Nebraska limited partnership and Albertston's, Inc.(the "1999 Declaration")
<br />recorded June 24, 1999 as Instrument No. 99-106376 in the Official Records of Hall County, Nebraska. The
<br />1999 Declaration was amended by that certain First Amendment to Declaration of Restrictions and Grant of
<br />Easements dated August 21, 2000 and recorded September 25, 2000 as Instrument No. 00-007944 (the "First
<br />Amendment"}; further amended by that certain Second Amendment to Declaration of Restrictions and Grant of
<br />Easements dated July 24, 2002 and recorded July 25, 2002 as Instrument No. 02-00207725 (the "Second
<br />Amendment"); further amended by that certain Third Amendment to Declaration of Restrictions and Grant of
<br />Easements dated August 15, 2008 and recorded August 18, 2008 as Instrument No. 2008-07155 (the "Third
<br />Amendment"); and further amended by that certain Fourth Amendment to Declaration of Restrictions and Grant
<br />of Easements dated August 29, 2011 and recorded August 30, 2011 as Instrument No. 2011-06471 (the "Fourth
<br />Amendment"). The 1999 Declaration, the First Amendment, Second Amendment, Third Amendment and Fou�th
<br />Amendment are collectively referred to herein as the "Shopping Center Declaration".
<br />WHEREAS, Developer desires that Lot 1 and Lot 2, which are the lots comprising the Developer
<br />Property, be developed in conjunction with each other pursuant to a general plan of improvement which shall
<br />include the construction of one building that contains a common wall, the approximate centerline of which is
<br />located on the common boundary of Lot 1 and Lot 2(hereinafter "Common Wall")
<br />WHEREAS, Developer further desires that the Developer Property be subject to the easements and the
<br />covenants, conditions, and restrictions hereinafter set forth.
<br />NOW, THEREFORE, in consideration of the foregoing promises and for the purpose of establishing
<br />certain covenants and restrictions and a uniform plan for ingress, egress, parking, common areas, utilities and
<br />drainage, Developer declares that the Lots shall be held and/or sold and conveyed subject to the covenants,
<br />restrictions and easements stated herein.
<br />Definitions.
<br />1.1. "Building Areas", as used herein, shall mean those portions of the Lots as shown on
<br />Exhibit A as "Building Area" or those portions of the Lots to be occupied by buildings, which Building
<br />Areas may be changed pursuant to Section 5.1.
<br />1.2. "City" shall mean the City of Grand Island, Nebraska.
<br />1.3. Common Areas. For purposes of this Declaration, the phrase "Common Area" or
<br />"Common Areas" shall mean all portions of the Lots which are not occupied, at any particular time, by
<br />buildings, and shall include, without limitation, the parking areas, driveways, service drives and service
<br />Meadowlark Declaratlon
<br />Lots 1 & 2-9�' Subdivision
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