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HomeMy WebLinkAbout20080785NUM PGS~ DOC TAX CK# NO FEES~PD.,,~~CK#CfAS ~0~~ CHG ACCT # ~Jil. RET FEES: CASH_ tR.O.D. CK# REC'D~c_/__Jlan1 J ~l$i RETURN l~l)i l ~la~h J ~ ~ ~07~~~~ kJ as-~;~.s ~/E ~~ 401 IWIII~INVII~!VI!IIIIIIIIIIUPIIIIIII NUM ~irl~~is 7~ A dC~ RD. COMP x ~ /d-mil COMPARE / CADAS _ AO ~ Restrictive Covenant (Multiple Lots To Be Considered A Single Lot) ADAMS COUNTY, NE FILED INST. N0. 7 ~ 5 Date .a - ~~ Time~;,:~/h ~~~~ REGISTER OF DEEDS l 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 Thirty-Two (32) through Thirty-Six (36) Block Fifteen (15), 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 /©t ,Z. ~ooso7s~ 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: February 29, 2008 ACE CONCRETE, INC., A Corporation William J. Heil, President i~c9%% Jocelyne L. Heil ~~.~ •~' STATE OF NEBRASKA ) )SS: COUNTY OF ADAMS ) The foregoing document was acknowledged before me this 29th day of February, 2008 by William J. Heil, President of Ace Concrete, Inc. and Jocelyne L. Heil. ~..a..~~n..~_ ,~, GENERAL NOTARY - State of Nebraska TERI J. SALMEN , My Comm. Enp: Sept. 29, 2009 Nota y Public ~ a~~