Covenants Sanitary Sewer
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COVENANTS RELATING TO SANITARY SEWER LINE
T!J.ese Covenants Relating to Sanitary Sewer Line ("Covenants") are entered into
this~l1qray of December, 2004, between the City of Salina, Kansas (the "City") and
Margaret A. Schmidt and Warren K. Schmidt, Trustees Under The Margaret A. Schmidt
Living Trust Dated October 2, 1992 (the "Owner").
Recitals
A. The Owner owns Lot Four (4), Block Seven (7), Woodland Hills Estates
Addition to the City of Salina, Kansas, ("Owner's Lot") upon which is located a single-
family residence addressed as 205 S. Estates Drive ("Owner's Residence").
B. The east ten feet (10') of Owner's Lot is subject to a platted public utility
easement (the "Easement").
C. The City and the Owner acknowledge that the eight-inch (8") public
sanitary sewer line which serves the Owner's Residence (the "Sewer Line") was installed
at a depth of no greater than fifteen feet (15'), approximately two to three feet (2-3') west
of the west boundary of the Easement and, consequently, outside the Easement.
D. By entering into these covenants as an alternative to the Owner granting
additional public utility easement to the City, the City and the Owner intend to enable the
City to fulfill its responsibility to maintain the Sewer Line while assuring the ability of
the Owner to fully utilize Owner's Lot without risk of expense or damage to property in
the event the City must access the Sewer Line.
The City and the Owner mutually covenant and agree as follows:
1. Access. The Owner covenants to allow the City and its employees or
contractors (along with any necessary equipment) access to Owner's Lot only when
proper maintenance or repair of the Sewer Line presents no reasonable alternative than to
physically access the line from the surface of the Owner's Lot. This grant of access shall
not limit Owner's ability to otherwise lawfully construct accessory buildings, fencing, or
landscaping over the Sewer Line.
2. Restoration. If the City accesses Owner's Lot pursuant to paragraph 1,
the City covenants that it shall cause to be promptly and fully restored, at the City's
expense, any lawfully constructed accessory buildings, fencing, landscaping or turf
disturbed in the course of completing the necessary work.
3. Maintenance. The City covenants that it shall inspect the Sewer Line via
its closed circuit television technology no less than annually. The City further covenants
that it shall utilize, to the fullest extent reasonably possible, those present and future
technologies which allow for diagnosis, cleaning, and repair of the Sewer Line without
accessing the Sewer Line from the surface of Owner's Lot.
REBECCA SIDIAN
REGISTER OF DEEDS (~I
SAl. I t£ COUNTY KANSAS -, v
Book: 1095 Page: 1820
Recei~ I: 22368 -rota! Fees: $12.80
Pages Recorded: 2
Date Recorded: 1/6/200S 2:41:29 PM
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Book: 1Ø95 Page: 1821
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4. Grevstone Drive Residences. The City covenants that the residences to
be constructed on the west side of Greystone Drive shall not be permitted to connect to
the Sewer Line and will instead be served by a public sanitary sewer line to be installed
in the Greystone Drive public right-of-way.
5. Bindin2 Covenants Runnin2 with the Land. These covenants shall be
recorded in the Office of the Saline County Register of Deeds; shall run with the Owner's
Lot; and shall be binding upon the City, the Owner, and all future owners of Owner's Lot
for so long as the Sewer Line remains in service.
Executed the day and year first above written.
OWNER
Warren K. Sclìmidt, Trustee
CITY OF SALINA, KANSAS
By:
ATTEST:
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STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was subscribed, sworn to, and acknowledged before me on this
~;;t! day of December, 2004, by Margaret A. Schmidt and Warren K. Schmidt as Trustees
und~\, , ..~, \,e," ~~,aI_,_g"c ",~,..,t,t,:,';, ~ ~S,o~hrn~ f ;i~t,~iving Trust ~: 2, 1992,
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L:.-.-".::'r'¡¡1~-',[':;r:s 5.:..II-o"J N aryPublic
STATE OF KANSAS, SALINE COUNTY, ss:
")..( This )Pl~ðel}t wasS subscribed, sworn to, and acknowledged before me on this
~ day of~, 200t\, by Monte D. Shadwick as Mayor and Lieu Ann Elsey as City
Clerk of the City of Salina, Kansas.
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