Covenants Sewer Line
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COVENANTS RELATING TO SANITARY SEWER LINE
Ihese Covenants Relating to Sanitary Sewer Line ("Covenants") are entered into
this 11: day of December, 2004, between the City of Salina, Kansas (the "City") and
Bradley J. Palen and Sondra J. Palen, husband and wife, (the "Owner").
Recitals
A. The Owner owns Lot Two (2), 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 213 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 SEEMAN /
REGISTER (f DEEDS C. V
SPLINE CIlINTY KANSAS IÝ
Book: 1094 Page: 1802
~eceipt I: 220S3 -rotal Fees: $12.00
Pages Recorded: 2
Date Recorded: 12/21/2Ø04 11:44:39 AM
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Book: 1094 Page: 1803
4. Bindine: Covenants Runnine: 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
CITY OF SALINA, KANSAS
By:
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ATTEST:
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STATE OF KANSAS, COUNTY OF SALINE, ss:
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This instrument was subscribed, sworn to, and acknowledged before me on this ~ ""
day of December, 2004, by Bradley J. Palen and Sondra J. Palen, husband and wife.
~K,1 MY PUBL!C . S~!a cf t:j ',.;
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1'j1i~ My Appt. Exp. -, d.CìtS
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Notary P.:ublic y
STATE OF KANSAS, SALINE COUNTY, ss:
^rtp This instrument was subscribed, sworn to, and acknowledged before me on this
dL day of December, 2004, by Monte D. Shadwick as Mayor and Lieu Ann Elsey as City
Clerk of the City of Salina, Kansas.
'L PENNY DAY
~ Notary Public - Sate ansas
My Appt. Expires
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