SECOND AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
LARK ADDITION
(GRANDVIEW)
(Microfilmed of Record)
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS (Second Amendment” or “Amendment”) is made
and granted as of the 12th day of January 1999 by Kick „N‟ Development Corp., a
Kansas corporation (“Declarant” or Developer”), for itself and its successors, grantees,
and assigns.
WITNESSETH:
WHEREAS, on the 5th day of December 1995, Declarant executed that certain
Declaration of Covenants, Conditions, and Restrictions of Lark Addition (Granview)
(“Declaration”) and caused the Declaration to be recorded on the 7th day of December
1995, as Document No. 1494324, in the Office of the Sedgwick County Register of
Deeds, on Film 1569, commencing at Page 1775, covering the following described real
property, to wit:
All of Lark Addition, an Addition to Sedgwick County, Kansas, according to the
plat recorded in the Office of the Register of Deeds, Sedgwick County, Kansas;
the above-described property being hereinafter referred to as the “Original Property”.
WHEREAS, on the 6th day of August 1996, Declarant executed that certain First
Amendment to the Declaration (“First Amendment”), and caused the First Amendment to
be recorded on the 7th day of August 1998, as Document No. 1548750 in the Office of
the Sedgwick County Register of Deeds, on Film 631, commencing at Page 0086,
covering the Original Property.
WHEREAS, Section 13.02 of Article XIII of the Declaration authorizes the
Declarant at its discretion, to add additional land to the Property; and
WHEREAS, Section 15.01 of Article XV of the Declaration authorizes the
Declarant, at its discretion, to amend the Declaration, so long as Declarant owns at least
one lot in the Property; and
WHEREAS, Declarant desires to and does hereby add the following described
real property to the Declaration and imposes the covenants, conditions, restrictions, and
limitations set forth and contained in the Declaration, to the following described real
property, to wit:
All of Lark Fourth Addition, an Addition to Sedgwick County, Kansas, according
to the plat recorded in the Office of the Register of Deeds of Sedgwick County,
Kansas; and
Lots 4-8, Block A; Lots 1-39, Block B; Lots 1-19, Block C; Lots 1-8, Block B; Lots
20-34 and 4-45, Block E; and Lots 15-41, Block F; Reserve A; Reserve B, all a
part of Lark Sixth Addition, an Addition to Sedgwick County, Kansas, according
to the plat recorded in the Office of the Register of Deeds of Sedgwick County,
Kansas;
such real property being hereinafter referred to as the “Additional Property”.
NOW, THEREFORE, the Declaration is hereby amended as follows:
1. The definition of the term “Property” or “Land” in the Declaration, including
Section 1.10 thereof, is hereby amended to include the Original Property
and the Additional Property, which are legally described as:
All of Lark Addition and Lark Fourth Addition, Additions to Sedgwick
County, Kansas, according to the plat recorded in the Office of the
Register of Deeds of Sedgwick County, Kansas; and
Lots 4-8, Block A; Lots 1-39, Block B; Lots 1-19, Block C; Lots 1-8, Block
B; Lots 20-34 and 4-45, Block E; and Lots 15-41, Block F; Reserve A;
Reserve B, all a part of Lark Sixth Addition, an Addition to Sedgwick
County, Kansas, according to the plat recorded in the Office of the
Register of Deeds of Sedgwick County, Kansas;
as well as any property added to the development in the manner hereinafter provided.
Such real property being together referred to as the “Property” or the “Land”.
2. Pursuant to Section 13.02 of Article XIII of the Declaration, Declarant
does hereby add the Additional Land to the development, and imposes all the
covenants, conditions, restrictions, and limitations set forth and contained in the
Declaration to the Additional Land, and the Additional Land shall be subject to
and bound by all the terms of the Declaration.
3. Section 1.07. “Lot” of Article I, and First Amendment thereto, “is hereby
deleted in its entirety and following substituted in lieu thereof:
1.07. “Lot” shall mean and refer to each lot as platted on the plat of Lark
Addition; Lark Fourth Addition; and
Lots 4-8, Block A; Lots 1-39, Block B; Lots 1-19, Block C; Lots 1-8, Block
B; Lots 20-34 and 4-45, Block E; and Lots 15-41, Block F; Reserve A;
Reserve B, all a part of Lark Sixth Addition, an Addition to Sedgwick
County, Kansas, according to the plat recorded in the Office of the
Register of Deeds of Sedgwick County, Kansas;
4. Declarant hereby certifies that this Second Amendment has been
executed in accordance with Sections 13.02 and 15.01 of the Declaration and is
effective and valid pursuant to all the terms and provisions of the Declaration.
5. Except as herein expressly admitted, the Declaration is hereby ratified
and confirmed. This Amendment shall be effective as of the date of recording.
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6. Declarant represents and warrants that as of the date of this Second
Amendment, Declarant owns lots in the Development.
IN WITNESS WHEREOF, Declarant has executed this Second Amendment as of
the date and year first above-written.
KICK „N‟ DEVELOPMENT CORP.,
a Kansas corporation
By:
Paul Kelsey, as its President and Secretary
(Signature on file in office of Register of Deeds, Sedgwick County, Kansas)
STATE OF KANSAS )
)SS:
COUNTY OF SEDGWICK )
Notary statement of Sarah C. Pagett, on January 12, 1999, is on file in office of Register
of Deeds, Sedgwick County Courthouse.
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