Lot 162, 164 & 166 RE6ISTER OF
COrNeT G~NTING ACCESS TO T~ CITY ~~
UTILITIES DEPARTMENT Recei~ I: ~ Wotal Fee~: *8. ffi
Pages Reco~:
Date Recorded: 11/~1/~ 8:~:~
THIS COVENANT, is made this 1st day of November ., 2002 by and between S & M
ENTERPRISES, a Partnership with principal offices at Salina, Saline Co., Kansas (the
"Owners"), and the CITY OF SALINA UTILITIES DEPARTMENT, (the "City")
Recitals
Owners own commercial buildings (the "Buildings") located on a tract legally described as:
Lots 162, 164 & 166 on Santa Fe Avenue, Original Town Site, City of Salina, Saline County,
Kansas.
B. As a condition of providing water service to the Buildings, the City has required that Owners
guarantee access to water meters located inside the Buildings during normal business hours.
THEREFORE, Owners covenant that:
Grant of Access. Owners grant .the City, it's authorized agents and employees,
access to water meters located in the Buildings from 8:00 a.m. to 5:00 p.m.,
Monday through Friday, for any purposes relating to the City's provision of
water service to the Buildings, including the right to access water meters during
those hours for the purpose of discontinuing water service in accordance with
the City's termination of service policy.
Termination. This Covenant shall terminate at such time as the water meters
are accessible from the exterior of the Buildings. The City will then file a
written release of this Covenant with the Saline County Register of Deeds.
Binding Covenant. This Covenant is essential to the City's ability to provide
water utility service to the Buildings, shall run with the land, and shall therefore
be binding upon the Owners, their successors and assigns, and all future owners
of the Buildings and heirs, beneficiaries, personal representatives, trustees,
successors and assigns.
EXECUTED, the day and year first above written.
Steven W. Blosser, General Partner
Cecilia M. Fuller, General Partner
Robert M. Fuller, General Parmer
CIT~Y__Q~SALINA, KAINS~S
Don Hoff, Director °f'Utiliti~,/~//)
V
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this lstday of November., 2002, before me a Notary Public in and for said State,
personally appeared, Steven W. Blosser, C~cilia M. Fuller & Robert: M. Puller
General Parmers of S & M Enterprises, known to me to be such individuals who executed the
within Covenant Granting Access to the City of Salina and acknowledged to me that they
executed[ the same, for HOtl.lEthe OORoE£purp°se therein[ stated on~/,t_ _tbehalf o,f said P~ership.
I ~ STATE OF KAW~ ! ~)ta~Public ' --
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 20thday of November ., 2002, before me a Notary Public in and for said State,
personally appeared Don Hoff ., Director of Utilities for the City of Salina, Kansas,
known to me to be the person who executed the within Covenant Granting Access to the City of
Salina Utility Department and acknowledged to me that he executed the same for the purposes
therein stateld~,~,~! ~
TRINA ANGUIANO I Notary Public