Covenants Sanitary SewerCOVENANTS RELATING TO SANITARY SEWER LINE
These Covenants Relating to Sanitary Sewer Line ("Covenants") are entered into
this )UO"%day of December, 2004, between the City of Salina, Kansas (the "City") and
Lawrence L. Werhan and Carolyn Jean Werhan, Trustees of the Lawrence L. Werhan and
Carolyn Jean Werhan Trust Dated May 3, 1994 (the "Owner").
Recitals
A. The Owner owns Lot Four (4), Block Four (4), Woodland Hills Estates
Addition to the City of Salina, Kansas, ("Owner's Lot") upon which is located a single-
family residence addressed as 313 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 C ✓
REGISTER OF DEEDS
SALIN CDJM KAtiSAS
Book: 11494 Pa e 1806
Receipt is 2202 �ot: al Fees: 112.00
Pages Recorded: 2
Date Recorded: 12/21/2884 11:44:41 AN
� 4L gook: 1094 Page: 1807
4. Binding Covenants Running 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.
10./� ,
",�Zljue—
M,e1r-<;z �,�L64JL
Lawrence L. Werhan as trustee
Carolyn Je n as trustee
CITY OF SALINA, KANSAS
By:
onttDlhadwick, Mayor
ATTEST:
" �t
Lieu Arm Elsey, City C rk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was subscribed, sworn to, and acknowledged before me on this 14
day of December, 2004, by Lawrence L. Werhan and Carolyn Jean Werhan as Trustees of
the Lawrence L. Werhan and Carolyn Jean Werhan Trust Dated May 3, 1994.
Notqky Public
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed,
< day of December, 2004, by Monte
Clerk of the City of Salina, Kansas.
PENNY DAY
Notary Public n as
My Appt. Expires
sworn to, and acknowledged before me on this
D. Shadwick as Mayor and Lieu Ann Elsey as City
Notary Publ'
It
REBECCA SEEM
REGISTER OF DEEDS JJ
•� SALINE COUNTY KANSAS
Book: 1097 Page: 1612
pR�eceipt #: 238% Total Fees: $12.00
COVENANTS RELATING TO SANITARY M". 2/18/2885 9:39:44 AM
These Cove ants Relating to Sanitary Sewer Line ("Covenants") are entered into
this 1!� day of WWRW, 29W�,%etween the City of Salina, Kansas (the "City") and
Lawrence L. Werhan and Carolyn Jean Werhan, Trustees of the Lawrence L. Werhan and
Carolyn Jean Werhan Trust Dated May 3, 1994 (the "Owner").
Recitals
A. The Owner owns Lot Four (4), Block Four (4), Woodland Hills Estates
Addition to the City of Salina, Kansas, ("Owner's Lot") upon which is located a single-
family residence addressed as 313 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.
Book: 1097 Page: 1613
4. _Greystone 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. Binding Covenants Running 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.
ATTEST:
ALieu0EIsey,:Citycl
L. WerhanTruustees
erhan)Tru�y tee-
ATTEST:
ee
CITY OF SALINA, KANSAS
By:
onte D. Shadwick, Mayor
STATE OF KANSAS, COUNTY OF SALINE, ss:
This ' trum w subscribed, sworn to, and acknowledged before me on this V
day of -p , by Lawrence L. Werhan and Carolyn Jean Werhan as T
the Lawrence L. Werhan and Carolyn Jean Werhan Trust Dated May 3, 1994. rustees of
KIM FISHER
NOTARY PUA! �y J�
STATE OF AN a
._ MY APP!. •xp/
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
r� This ent was ubscribed, sworn to, and acknowledged before me on this
�" ` day of d�P� Monte D. Shadwick as Mayor and Lieu Ann
Clerk of the City of Salina, Kansas. Elsey as City
PENNY DAY
CAN Notary Public - tate of Kansas ?Notary Pu , i
DQ/ My Appt. Expires
2