N. 10th Paving •
WAIVER
This agreement made and entered into by and between the City of Salina,
Kansas, hereinafter referred to as First Party, and:
Co N. Hoffman
Parties of the Second Part, hereinafter referred to as Property Owners,
witnesseth:
That,.whereas the said Property Owners are the record owners,
respectively, of the following described tract of real estate abutting
on North ,Tenth Street from Lincoln Avenue to Grand Avenue in the City of
Salina, Kansas; to-wit:
• RECORD OWNER LOT BLOCK ADDITION .
. Co N. Hoffman 7 2 Crowthers
and, '
Whereas paving has been ordered on said North Tenth Street from Lincoln
Avenue to Grand Avenue; and
Whereas the water service line for said property on said street has
been in place approximately fifteen years and should be replaced with
copper or lead water lines from the main water lines to the curb box; and
Whereas Section 2 of Ordinance No. 2410 (26-3029 provides that the
• Board of Commissioners shall give notice Of any order to construct water
service pipes by publishing an order to such effeotfor three consecutive
days in the official city paper and that in the event the owners of such
lots abutting on said avenue shall" refuse or neglect to lay down or construct
such water service pipes within 30 days from and after the last publication
of such order then the Board 'of Commissioners of the City of Salina shall
proceed to construct or .cause to.-be constructed and laid such water service
pipes in accordance with the provisions of,law and the costs thereof for which
such service pipes are laid and such assessments shall be certified by the City
Clerk of Salina, Kansas to the County Clerk of Saline County, Kansas, to be
collected according to law in the same manner as paving assessments are
collected; and, .
Whereas the delay provided for by the said ordinance will make the
paving of said avenue impossible this winter; and,
Whereas said property owners are desirous of having said pavement
laid at once;
Now, therefore, it is agreed by and between First Party and said
. Property Owners that in consideration of First Party proceeding to lay
said paving at once said property owners hereby agree to waive and do hereby
waive all claims of every kind.and nature, class or description which they
or any of them now have or shall have by virtue of the provisions of said
Section 2 of Ordinance Noe 2410 (26-302) as to publication of notice for
three consecutive days in the official city paper and consent that the Board
of Commissioners of the City of Salina, Kansas shall prooeed to construct
or cause to be constructed and laid, said water pipes in accordance with the
provisions of law, and that the costs thereof shall be assessed against the
adjoining lots or fractional parts thereof for which such service pipes are
laid, .and that such assessments shall be certified by the City Clerk of Salina,
• Kansas, to the County Clerk of Saline County, Kansas, to be collected accord-
ing to law in the same manner as paving assessments are collected; it being
the intent of this agreement of waiver that all parties hereto shall have the
same rights and be subject to the same obligations as if the provisions of
Section 1 and 2 of Ordinance No. 2410 (26-301, 26-302) had been literally
complied with in every particular.
•
In witness whereof the parties hereto have hereunto set their hands
this 29th day of October 1945 •
The Ci t Mayor
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Attest: dt
ity Cler.
Pr. . : ty Owner
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IT 4.41/4 WAIVER signed by C.N.Hoffman
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