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�01107590
<br />3. Conversion to the Common Areas. Those portions of the Lots which are not from time to time
<br />designated as Building Areas by the Lot Owner under the terms of this Declaration or occupied by buildings as
<br />from time to time are constructed by the Lot Owner, shall automatically become part of the Common Area for the
<br />uses permitted hereunder and shall be improved, kept, and maintained as provided herein.
<br />4. Grant of Easements. Subject to the terms of this Declaration, Developer hereby grants and
<br />conveys, the following non-exclusive easements appurtenant, in, to, over, and across the Common Areas for the
<br />benefit and use of the customers, contractors, invitees, licensees, tenants, and employees of all businesses and
<br />occupants of the buildings on the Lots:
<br />4.1. Parking Easements. A nonexclusive easement in, to, over and across the Common
<br />Areas for the purpose of parking vehicles of Permittees thereon, limited, however, to purposes connected
<br />with or incidental to use of such parking for commercial retail and shopping purposes, as hereinafter
<br />provided. Lot Owners shall encourage the Permittees of their respective businesses not to park on
<br />property other than their respective Lots. Except to the extent required by law, no Permittee shall be
<br />charged for the right to use the Common Area. Lot Owners' employees, customers and invitees may
<br />have the non-exclusive right, together with Developer and all other Lot Owners and occupants of the
<br />Development, to use the parking spaces in the Development.
<br />4.2. Access Easements. A nonexclusive easement in, to, over and across the Common
<br />Areas, including driveways, perimeter roads and access ways for vehicular (including service vehicles but
<br />excluding construction vehicles, except as hereinafter provided) and pedestrian ingress and egress, and
<br />access and the right of access over established circulation elements between the public streets and
<br />perimeter roads and access ways and any Lot.
<br />4.3. Access Easements for Signs. A nonexclusive easement in, to, under, over and
<br />across the Common Areas, for the installation and maintenance of the monument signs to be located on
<br />the Lots.
<br />4.4. Utility Easements. A nonexclusive easement in, to, over, and across the Common
<br />Areas for the benefit of and appurtenant to each for the purposes of installation of sewers, water and gas
<br />pipes and systems, electrical power conduits boxes and transformers, telephone conduits, lines and
<br />wires and other utilities beneath the ground surface at a location or locations reasonably approved in
<br />writing by Developer, and, with respect to the Lots, at a location or locations reasonably approved by the
<br />Lot Owner thereof in writing, provided that in all cases, in the pertormance of such work: (i) adequate
<br />provision shall be made for the safety and convenience of all persons using the surface of such areas; (ii)
<br />the areas and facilities shall be replaced or restored to the condition in which they were prior to the
<br />performance of such work; (iii) the Lot Owners shall be indemnified and held harmless bythe requesting
<br />party against claims, damages, and losses, including costs and attorneys' fees arising from the
<br />perFormance of such work or use of such easements; (iv) the Lot Owner shall be notified in writing bythe
<br />party for whose benefit such work is performed or such use is made not less than thirty (30) days prior to
<br />commencement of such work and (v) Lot Owners shall be consulted reasonably in advance and any
<br />proposed installation, mainter�ance or location changes shall require prior written approval by the affected
<br />Lot Owners, which shall not be unreasonably withheld, conditioned or delayed. Franchises granted to
<br />public utilities for such utilities shall constitute compliance with the foregoing provisions. In addition, each
<br />Lot Owner shall be obligated to perform such other acts, and to execute, acknowledge, and/or deliver
<br />such reasonable instruments, documents and other materials as Developer or a Lot Owner may
<br />reasonably request in order to document any such easement in a commercially reasonable manner.
<br />4.5. Drainage. A nonexclusive easement in, to, over, and through the drainage patterns and
<br />systems as are established from time to time within the Common Areas, for reasonable surtace drainage
<br />purposes. The parties hereto declare, create and establish a perpetual, non-exclusive right-of-way and
<br />easement to dispose of storm water to and through the point of entry onto the City right-of-way or to any
<br />subsequent location.
<br />3
<br />Meadowlark Declaration
<br />Lots 1 & 2-9 Subdiv(sion
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