Maintenance Covenant
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.................. REBECCA SEEMAN
~~~."!~;~EGISTER OF DEEDS SALINE COUNTY KANSAS
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.~,....o UOI/:) Receipt .: 51070 eN Recording Fee: U6.00
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Date Recorded: 2/25/2009 2:55~5 PM
NUUNTENANCECOVENANT
The Melvin A. Bergkamp Trust and Bergkamp Incorporated, the fee owners and developers
of the following described real property located in the City of Salina, County of Saline, State of
Kansas, the same being the real property duly platted as the Replat of Bergkamp Subdivision, an
addition to the City of Salina, as such plat is now recorded in Plat Book A-14 at Page 27 of the
records in the office of the Register of Deeds of Saline County, Kansas, hereby make the
following declaration as to limitations, restrictions and covenants concerning the lots or tracts
constituting such subdivision and hereby specify that such declaration shall constitute a covenant
to run with all of the land in said subdivision as provided by law and shall be binding on all
parties and all persons claiming under them and for the benefit of and the limitations of all future
owners in the subdivision and the City of Salina, Kansas (the "City"):
(1) Lot owners within the Replat ofBergkamp Subdivision shall be responsible for and agree
to maintain and to keep in a good state of repair to the satisfaction of the City all drainage
facilities and improvements required by the City, including ponds, ditches, inlets, pipes
and pumps, whether located within the subdivision, or located off site of the subdivision
but used for the benefit of the lots within the subdivision.
(2) If maintenance is neglected, any costs incurred by the City in the maintenance of the
drainage facilities located within the subdivision, or located off site of the subdivision but
used for the benefit of the lot owners within the subdivision, shall be assessed and
charged against all of the lots within the subdivision. The City Clerk shall at the time of
certifying the City taxes to the County Clerk certify the aforesaid costs and the County
Clerk shall extend the same on the tax rolls of the County against said subdivision lots
and it shall be collected by the County Treasurer and paid to the City as other City taxes
are collected and paid. The City may, in lieu of levying the maintenance costs against the
subdivision owners as above provided, maintain an action against the subdivision lot
owners to collect the costs of said maintenance in the same manner as any other
obligation owed the City might be collected.
This instrument shall not be amended or modified in any manner without the prior approval of
the Planning Commission and governing body of the City of Salina, Saline County, Kansas.
Book: 1188 Page: 39
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IN WITNESS WHEREOF, the owners have caused this declaration to be executed this L day
of February, 2009.
Melvin A. Bergkamp Trust
By:
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Marjo A. Bergkamp, T stee
By:
B,rgkamplncorpo
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Scott Bergkamp, Preside
STATE OF KANSAS
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COUNTY OF SALINE
The foregoing instrument was acknowledged before me this tt-!:h day of February,
2009, by Melvin A. Bergkamp and Marjorie A. Bergkamp, Trustees of the Melvin A. Bergkamp
Trust under a eement dated December 27, 1989.
~ . NOTARY PUBLIC - State of Kansas
~ Susan M. Weis
- My Appt. Expires ._ ~ \\Ip \ \\
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'" Notary Public
My appointment expires: It- \ \ V1 \ \ \
STATE OF KANSAS )
) SS.
COUNTY OF SALINE )
The foregoing instrument was acknowledged before me this
2009, by Scott Bergkamp, President ofBergkamp Incorporated.
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day of February,
~ . NOTARY PUBLIC - State of Kansas
~ Susan M. Weis
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" ~otary Public
My appointment expires: \
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Book: 1188 Page: 40
EXHIBIT A
The property subject to this detention pond maintenance covenant is legally described as Lots I-
S, Block 1 of the Replat ofBergkamp Subdivision to the City of Salina, Saline County, Kansas.
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