Lot 3, Block 2
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COVENANT GRANTING ACCESS TO THE CITY OF SALINA
DEPARTMENT OF ENGINEERING AND UTILITIES
This covenant is made this Z¿'day of C1..u4 1996, by and between D. L. Sampson
and Delma M. Sampson, Trustees, under th~pson Trust No.1, dated October 20,
1995, (the "Owner"), and the City of Salina Department of Engineering and Utilities, (the
"City").
Recitals
A. The Owner owns a commercial building (the "Building") located at 201 East
Diamond Drive, Salina, Kansas, legally described as:
Lot Three (3), Block Two (2), Grainbelt Addition to the City of
Salina, Saline County, Kansas
B. The regular incoming water service to the Building has been installed such that
discontinuation of water service from the exterior of the Building for any reason would require
that the source of water for fire protection also be terminated.
C. As a condition of providing service to the Building, the City has required that the
Owner for themselves and all future owners of the Building, guarantee access to the water meter
located inside the Building during normal business hours.
THEREFORE, Owner covenants, for themselves æld for future owners of the Building
that:
1. Grant of Access. The Owner grants the City, its authorized agents and
employees, access to the water meter located in the Building from 8:00 a.m. to 5:00 p.m.,
Monday through Friday, for any purposes relating to the City's provision of water service to the
Building, including the right to access the water meter during those hours for the purpose of
discontinuing water service in accordance with the City's termination of service policy.
2. Termination. This Covenant shall terminatf'. at such time as incoming water
service is tapped separately from the source of water for fire protection and the water meter is
accessible from the exterior of the Building. The City will then file a written release of this
Covenant with the Saline County Register of Deeds.
3. Binding Covenant. This Covenant is essential to the City's ability to provide
water and wastewater utility service to the Building, shall run with the land, and shall therefore
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be binding upon the Owner, their successors and assigns, and all future owners and/or tenants of
the Building and their heirs, beneficiaries, personal representatives, trustees, successors, and
ass1gns.
D. L. SAMPSON TRUST NO. 1, DATED
OCTOBER 20, 1995
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By:
D. L. Sa
By:
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Delma M. Sampson, Trustee
"OWNER"
CITY OF SALINA, KANSAS
By:
I
"CITY"
Consent of Tenant
Omaha Hotel, Inc., the current tenant of the Building, hereby consents to the terms of
this Covenant.
OMAHA HOTEL, INe.
By:
iI~ð9~~ ,ø.
Herman D. Hartig, Vice Pr 15Jlnt
"TENANT"
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 22 day of August, 1996, before me a Notary Public in and for said state,
personally appeared D. L. Sampson and Delma M. Sampson, Trustees, under the D. L. Sampson
Trust No.1, dated October 20, 1995, known to me to be the persons who executed the within
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Covenant Granting Access to the City of Salina Department of Engineering and Utilities and
acknowledged to me that they executed the same for the purposes therein stated.
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I Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this..ì.S day of ~, 1996, before me a Notary Public in and for said state,
personally appeared Dona~ Director, Engineering & Utilities for the City of Salina,
Kansas, known to me to be the person who executed the within Covenant Granting Access to the
City of Salina Department of Engineering and Utilities and acknowledged to me that he executed
the same for the purposes therein stated.
A. LaDONNA BENNETT
~ Notary Pubtic. Stale of ~
My Appl. Expires Cd. 23, 1981
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Notary Public
STATE OF KANSAS, COUNTY OF SALINE, Ss:
On this '2.- z...day of Jt~".uf , 1996, before me a Notary Public in and for said state,
personally appeared Herm~ Vice President of Omaha Hotel, Inc., known to me to be
the person who executed the within Covenant Granting Access to the City of Salina Department
of Engineering and Utilities and acknowledged to me that he executed the same for the purposes
therein stated.
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.I!IfARY PœU: . Slate of Jtwa:, ~
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1/1' Notary Public
STATE OF KANSAS } L I~ FILED FOR RECORD
COUNTY OF SALINE 55. IN MYOFFICEAT
'O~O'CLOCK All". f) R 1996 AND DULY
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" REG. OF DEEI)':.
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