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Acknowledgement of Conditions J " -..-. ..;;. ....-~;....",; REBECCA SEEMAN (,<!,~"'''"e.~.~..EGISTER OF OEEDS SALINE COUNTY KANSAS :?~~'~:T~~Y:') . Book: 1200 Page: 1718 .......~ rlOO /. i Receipt #: 58118 Recording F..: tl2.DO '. ... ..""..........,/ Pag.. Recorded: 2 /l ^' /I. .. ~ .. . "".~;..' U' ~~ Date Recorded: 9/18/2009 11:26:37 AM DEVELOPM~NT SERVICES PLANNING AND COMMUNITY DEVELOPMENT Room 201 300 West Ash' P.O. Box 736 Salina, Kansas 67402-0736 City of !j SalIna TELEPHONE. (785) 309-5720 FAX . (785) 309-5713 TOO . (785) 309-5747 E-MAIL. dean.andrewtalsalina.ora WEBSITE . www.salina-ks.aov " ;j September 16, 2009 Acknowledgement of Conditions of Building Permit Approval We, John P. and Mariana J. Hogarty, owners of Lot 12, Block 1 of the Claremont Heights Addition to the City of Salina, Saline County, Kansas do hereby acknowledge that a 35 ft. x 35 ft. sanitary sewer pump station easement is located in the northeast corner of our lot and that . certain private improvements located within that easement are subject to damage and/or removal should a major repair or replacement of the City of Salina's sanitary sewer pump station be required. Should that occur, we hereby acknowledge that: 1. Any fence (chain link, privacy or other type) located within the easement is there at our risk and is subject to removal by the City or its' contractors. 2. The existing 12 ft. x 18 ft. concrete slab located within the easement is there at our risk and is subject to removal by the City or its contractors. We hereby agree to the following conditions of permit issuance, which shall run with the land and be binding on our heirs, successors and assigns: 1. Any attachments to the new workshop building we are constructing, such as an awning or shade structure, that extend into the 35 ft. x 35 ft. sewer pump station easement must be removed upon request by the City at the property owners' expense. The City of Salina reserves the right to remove any extensions or encroachments into the easement in an emergency repair situation if the property owner does not respond. 2. The City of Salina reserves the right to remove the concrete slab located within the 35 ft. x 35 ft. easement in the event that major repairs or replacement of the sewer pump station is required. If the slab in the easement has to be removed it may not be placed back within the utility easement. Page 1 of 2 . '-l . ~ Page 2 of 2; Hogarty Acknowledgement Book: 1200 Page: 1749 3. This second accessory storage building is permitted in lieu of a detached garage on the property and a variance to allow a third accessory building would have to be approved by the Board of Zoning Appeals or the existing 10ft. x 12 ft. shed would have to be removed from the property to allow construction of a detached garage. A~~t4 Martana -:C ogarty ~ STATE OF KANSAS, COUNTY OF SALINE, ss: I, ~ ~ rbarJ, a Notary Public in and for said county; in the state aforesaid, do hereby certify that n P. and Mariana J. Hogarty, husband and wife, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument and such owners appeared before me this day in person and acknowledged that they signed and delivered this instrument as their free and voluntary act for the uses and purposed therein set forth. Given under my hand and Notarial Seal this JJt!iJday otSef/C.1I/kJ<. A.D. 2009 Nt!{f!!!~ \~~ ~~C~tl ~1\d;J