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Restrictive Covenant
(Multiple Lots To Be Considered A Single Lot)
ADAMS COUNTY, NE
FIL D
INST. NO. ~~US X61
Date ~?, ~~-0~ Time '~=°~~ ~
~~~~~
REGISTER OF DEEDS
WHEREAS, the undersigned, hereinafter referred to, whether one or more, as the
"Owner," represents and warrants that it is the record title holder of all the following
described real estate:
Lots 24 & 25, Block 17, M.J. Smith's Addition, City of Hastings,
Adams County, Nebraska
WHEREAS, said real estate, which is located within the zoning jurisdiction of
the City of Hastings, Nebraska, a municipal corporation, hereinafter referred to as the
"City", consists of more than one lot (which term shall be deemed to include any legally
subdivided tract or parcel of land, or a platted lot); and
WHEREAS, the Owner wishes to have the City consider said real estate as a
single lot, so that the Owner may construct certain improvements and/or devote the real
estate to certain uses as a whole, without regard to lot lines which are interior to the outer
boundary of the above-described real estate; and
WHEREAS, the Owner understands that upon execution and filing of this
Restrictive Covenant with the Register of Deeds of Adams County, Nebraska, the City
will treat the above-described real estate as a single lot for purposes of the City's zoning
ordinance and building code.
NOW THEREFORE, the Owner hereby covenants with the City, for so long as
this Restrictive Covenant remains in effect, as follows:
1. The above-described real estate shall henceforth be treated as a single lot
notwithstanding the fact that it is currently platted into more than one lot.
2. Owner will not convey to any party, by sale, gift, or otherwise, less than
all of the above-described real estate, and any such conveyance of less than all of the
above-described real estate shall be void and of no force and effect.
3. This Restrictive Covenant shall remain in full force and effect until there
is filed with the Register of Deeds of Adams County, Nebraska: a) an affidavit executed
by the City's Building Official stating that no improvements or uses exist upon the
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above-described real estate which would trigger, cause or result in any violation of the
City Code if fewer than all of the above-described lots were conveyed by the Owner; or
b) a valid plat or replat which includes no less than all of the above-described real estate.
All costs of preparing and filing any affidavit, plat or replat shall be borne by the Owner.
4. This Restrictive Covenant shall run with the land and be binding upon the
Owner, as well as Owner's successors in title.
DATED: ~ Z p
SMITTY' S ENTERPRISES, INC.
Denn~~~dt
S~;~~~ature
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y
STATE OF NEBRASKA )
)SS:
COUNTY OF ADAMS )
The foregoing document was acknowledged before me this 21st day of February,
20076, by Denn~~idt.
GENERAL NOTARY - State a6 Nebraska
TERI J. SALMIEN
,Y ~" Nty Comm Enp. Sept 29, 2009
Notar Public
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