No Protest Agreement for Future Street Improvements - 111111111IIMIIIi111111IIMIII11111Iiiiiiiiiiiiiiiiiiiiiiiiiiiiui1iiiiiiiiiiiui
_-- REBECCA SEEMAN
• *"REGISTER OF DEEDS SALINE COUNTY KANSAS
;1)1300k:1340 Page: 1483-1486
Receipt #: 116159 Recording Fee: 572.00
Pages Recorded: 46J
Date Recorded: 3/30/2018 8:53:16 AM
NO PROTEST AGREEMENT FOR FUTURE STREET IMPROVEMENTS
This No Protest Agreement is entered into this '1+h day of March, 2018, by and
between the City of Salina, Kansas, a Kansas municipal corporation ("City"), and Theodore L.
Long and Geraldine L. Long, husband and wife ("Owners").
RECITALS
A. Owners are the owners of the real estate legally described on the attached and
incorporated Exhibit A (the "Real Estate"), which is located within the city limits.
B. Owners have applied for approval of the subdivision and platting of the Real
Estate, to be known as "Bixby-Long Addition to the City of Salina, Saline County, Kansas."
C. The City, at some undetermined time in the future, intends to construct certain
street improvements abutting the Real Estate pursuant to the Kansas General Improvement and
Assessment Law, K.S.A. 12-6a01, et seq. (the "Act'); specifically, the City intends to upgrade
East Cloud Street to City street standards abutting the southern boundary of the Real Estate (the
"Street Improvements").
D. The City wishes to ensure that the Real Estate will be included in the
improvement district formed under the Act to fund the costs of the future Street Improvements.
NOW THEREFORE, in satisfaction of a condition precedent to the City's approval of the
subdivision plat, pursuant to and in accordance with K.S.A. 12-749 and Salina Code Sections 36-
8 and 36-74, and amendments thereto, Owners warrant, agree and covenant as follows:
1. Waiver of Right to Protest. Owners, their behalf and on behalf of their
successors in interest and assigns, hereby (a) consent to and irrevocably waive the rights to
protest the construction of the Street Improvements as a special assessment project pursuant to
the Act; and (b) consent and agree to pay fifty percent (50%) of the total cost of the Street
Improvements in accordance with the Act. For purposes of this Agreement, "rights to protest"
shall mean those formal rights to protest contained in the Act, including but not limited to the
right to participate as a signatory on a petition objecting to or in opposition to any aspect of the
Street Improvements. Notwithstanding the foregoing, nothing contained herein shall be deemed
to be a waiver of the right to protest the reasonableness of the amount of the proposed
assessments to be levied against all or a portion of the Real Estate.
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• Book 134.0 Page: 1484
2. Binding Covenant Running with the Land. This Agreement SHALL RUN
WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES NOW HAVING OR
HEREAFTER ACQUIRING ANY RIGHT, TITLE, OR INTEREST IN THE REAL ESTATE
OR ANY PART THEREOF for a period of twenty-five (25) years from the date of this
Agreement. A copy of this Agreement shall be recorded and indexed to the Real Estate in the
records of the Saline County Register of Deeds.
3. Amendment; Modification. This Agreement shall not be amended or modified
in any manner without the prior approval of the Salina Planning Commission and the Board of
City Commissioners.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
duly authorized officers on the day and year first above written.
CITY OF�SAALLINA, KANSAS
By: �/�.2-� /""/• a '�,
Trent W. Davis, M. D., Vice-Mayor
ATTEST:
// , ,�''
By: S'Gd r d€ Gt >C AJ
Shandi Wicks, CMC, City Clerk
THEODORE L. LONG
By -
Th=adore L. Long
GERALDINE L. LONG
By: % '., or
Geral.ine L. Long
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on March /2- , 2018, by Trent W.
Davis, M.D., Vice-Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for
the City of Salina, Kansas. a4,_ . CATHY BOLL %//
r 8 Notary Publi",/+State of Kars Notary Public
My Appt.Expires Cl .4 .
Printed Name:
, (i - h 7 /� `d//
My appointment expires: f. 2D
2
Book 1340 Page: 1485
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on March 7 , 2018, by Theodore L.
Long and Geraldine L. Long, husband and wife.
n CATHY BOLL /�l`y /� //
t+ 'i Nary Public- of Karig* �c.. U
t My Appl.Expires • 2,0•
Notary Public ,744 4 o (/
p Printed Name:
My appointment expires: 840/a
3
Boolc 1340 Page: 1486
EXHIBIT A
Lot One (1), Block One (1). Bixby-Long Addition to the City of Salina,
Saline County, Kansas
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