eastgate addition drainage 1/27/1988DEAN BOYER, P.E.
CITY ENGINEER
Mr. George C. Etherington
ES Realty, Inc.
115 N.W. 3rd St.
Abilene, Kansas 67410
Dear George:
ENGINEERING DEPARTMENT
300 WEST ASH STREET
P.O. BOX 736
SALINA. KANSAS 67402-0736
AREA CODE 913 827.9481
January 27, 1988
DONALD E. HOFF, P.E.
ASST. CITY ENGINEER
D.W. BASSETT
TRAFFIC ENGINEER
Re: Eastgate Addition
Salina, Kansas
In accordance with our telephone conversation this morning regarding
maintenance of the drainage facilities in Eastgate Addition, it was agreed
that the City of Salina should perform any required maintenance on this
facility. Our concern at the present time relates to the stormwater pump
not functioning.
Enclosed is a copy of the "Restrictive Covenants" which outlines main-
tenance responsibilities and procedures.
If you have any questions, please contact me.
Sincerely,
Z�:�- �7
Don Hoff, P.E'
DH:ps
Enc: (1)
I
MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
S�ATz OF KANSAS ) I �.I FILED FOR ORD
w 1\ Y KN MY OFFICE AT
COUNTY OF SA LING t
O'CLOCX • .F".� ' 1984 ANO ouLY
A` iV .: % L JU R ORO�II
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RESTRICTIVE COVENANTS
P.l.so[7 r�R#x g3$
1 ES REALTY, INC. , the fee owner of the following
described real property located in t e ity of Salina, County of Saline,
State of Kansas, the same being the real property duly platted as
East a e Addition a subLdi-v�ision of the City f Salina as
such plat is now recorded in at Book at page of the
records in the office of the Register of Deeds of Saline ounty, Kansas,
hereby makes the following declarations as to limitations, restrictions and
covenants concerning the lots or tracts constituting such subdivision and
hereby specifies that such declaration shall constitute covenants to run
with the all of the land. in said subdivision as provided by law and shall
be binding on all parties and all persons claiming under them and for the
benefit of and the limitations of all future owners in the subdivision and
the; City of Salina, Kansas (the "City"):
(1). Lot owners shall be responsible for and agree to maintain and to keep
in a good state of repair to the satisfaction of the City all drainage
facilities required by the City, whether located within the subdivision
or located off the subdivision, but used for the benefit of the lots
within the subdivision.
(2). Any costs incurred by the City in the maintenance of the drainage
facilities located within the subdivision, or located off the sub-
division but used for the benefit of the subdivision, shall be assessed
and charged against all of the lots within the subdivision. The City
Clerk shall at the time of certifying the City taxes to the County
Clerk certify the aforesaid costs and the County Clerk shall extend the
same on the tax rolls of the County against said subdivision lots and
it shall be collected by the County Treasurer and paid to the City as
other City taxes are collected and paid. City may, in lieu of levying
the maintenance costs 'against the subdivision owners as above provided,
maintain an action against the subdivision lot owner to collect the
costs of said maintenance in the same manner as any other obligation
owed the City might be collected.
This instrument shall not be amended or modified in any manner without the
prior approval of the Planning Commission and governing body of the City of
Salina, Saline County, Kansas.
IN WITNESS WHEREOF, the owner has caused this declaration to be executed
this 1st day of November ,.,1984.
e.
51
STATE OF KANSAS, SALINE COUNTY, ss: George C. Etlierington
The foregoing instrument was duly acknowledged before me this 1st
day of November , 1984, by George C. Etherington
UDONNA BENNErr
Iff MM. 1, A;WW M"
1h UP in-ia t
Notary Public