Covenants to Sanitary Sewer
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COVENANTS RELATING TO SANITARY SEWER LINE
And
MANHOLE ACCESS EASEMENT
These Covenants Relating to Sanitary Sewer Line and Manhole Access
Agreement are entered into this 'J,r!- day of May, 2005, between the City of Salina,
Kansas (the "City") and G. Michael Santilli and Rebecca D. Santilli, husband and wife,
(the "Owner").
Recitals
A. The Owner owns Lot Seven (7), 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 301 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. In the case of the Owner's Lot, the Sewer Line ends at the manhole
located approximately ten feet (10') north of the south boundary of Owner's lot (the
"Manhole"), to which the City needs access via an additional five-foot (5') by five-foot
(5') easement for access to and maintenance of the Manhole.
E. By entering into these covenants and limited manhole access easement 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 ofthe 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, lands~in¡f or turf
disturbed in the course of completing the necessary work. REGIsifR ~~S c......N
SAlINE CWHy KANSAS
Book: 1104 Page: 81
Neceipt #: 25187 TOtal Fees: $28.00
Pages Recorded: 4
Date Recorded: 5/18/2005 4:19:44 PM
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Book: 1104 Page: 82
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.
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. Manhole Access Easement. Owner grants to the City a Manhole Access
Easement over that portion of Owner's Lot legally described and depicted on the attached
Exhibit A for the purpose of accessing and maintaining the Manhole.
6. Bindin2 Covenants Runnin2 with the Land. These covenants and
easement 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
G/J.e:tiÞ' .
¡§omX' ~ () ~rj L~
Re ecca D. SantIllI
:~Y~:L
Deborah Divine, Mayor
ATTEST:
tluU
Lieu Ann Elsey, City Cl k
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was subscribed, sworn to, and acknowledged before me on thisd ~.
day of May, 2005, by G. Michael Santilli and R cca D. Santilli, band and wife.
A. LIEU ANN ELSEY
~ Notary Public - State of Kansas
My Appt. Expires ~- -
2
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Book:
1104 Page: 83
STATE OF KANSAS, SALINE COUNTY, ss:
'^^' - This instrument was subscribed, sworn to, and acknowledged before me on this
~ ~y of May, 2005, by Deborah Divine as Mayor and Lieu Ann Elsey as City Clerk of
the City of Salina, Kansas.
~ot ry P:..L£....ubli-c . ~ /
~ KI\Ri;.,'¡LEE ~
°.. "'" Notary Pubtic - State of K"f'.~eS
"" . ;;~ My Appt. ExpIre. ..$-/,1. ,pI.
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Book: 1104 Page: 84
PROPOSED UT~L~TY EASEMENT
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Lot 7
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LEGAL DESCR~PT~ON:
The North Five (5) Feet of the South Thirteen and Ten Hundredths (13.10)
Feet, and the West Five (5) Feet of the East Fifteen (15) Feet of Lot 7,
Block 4, Woodland Hills Estates Addition to the City of Salina, Saline
Coun ty, Kansas.
Contains Twenty Five (25) Square Feet More or Less.
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~ CITY C>F SALINA BY: DATE: PROJ.NO.:
~ Dept. of Public Works MTK / KWD MARCH 2005
~ Engineering Division PROJECT:
~ ~ 300 WEST ASH SALINA, KANSAS 67401
:;;}.u~~ PH: 785.309.5725 FAX: 785.309.5713
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SCALE: 1" = 30'
SHEET:
1
Of:
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