Lot 133, 135 & 137
COVENANT GRANTING ACCESS TO THE CITY OF SALINA
UTILITIES DEPARTMENT
TillS COVENANT, is made this 26th day of November, 2002 by and between THE
illSTORIC FOX THEATER OF SALINA FOUNDATION, a Kansas Corporation with
principal offices at Salina, Saline Co., Kansas (the "Owners"), and the CITY OF SALINA
UTILITIES DEPARTMENT, (the "City")
Recitals
A. Owners own a commercial building (the "Building") located on a tract legally described as:
E. 80' of the S. Yz of Lot 133 and all of Lots 135 & 137 on Santa Fe Avenue, Original Town
Site, City of Salina, Saline County, Kansas.
B. As a condition of providing water service to the Building, the City has required that Owners
guarantee access to the water meter located inside the building during normal business hours.
THEREFORE, Owners covenant that:
1. Grant of Access. Owners grant the City, it's 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 terminate at such time as 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. Bindine Covenant. This Covenant is essential to the City's ability to provide
water utility service to the Building, shall run with the land, and shall therefore
be binding upon Owners, its successors and assigns, and all future owners of the
Building and heirs, beneficiaries, personal representatives, trustees, successors
and assigns.
EXECUTED, the day and year first above written.
THE HISTORIC
OUNDATION
REBECCA SEEMAN
REGISTER (f' ŒEDS C:..-- A/
~ I NE COMTY KANSAS I V
Book: 1032 Pa~e: 445
Recei~ I: 6726 -rotal Fees: $8.80
Pages Recorded: 1
Date Recorded: 12/31/2002 2:33:41 PM
Attest:
, Secretary
STATE OF KANSAS, COUNTY OF SALINE, ss:
On thisJMlJ.ßay of J¡)f!¿JJ1~t) , 2002, a Notary Public in and for said State,
personally appeared t' . I , Chairman of The Historic
Fox Theater of Salina Found io , known to m to b such officer who executed the within
Covenant Granting Acces~ to the City of Salina ~nd ackno,:ledged to me t t -~e dexeè.\!'!~<i\tlj5~ . C~ .-)
same for the purpose thereIn stated on behalf of saId Corpor bon. ~~~ No!a;y ¡)u';Ue . Sl:,iC 01 r(¿~i"'; )
My Appt '!:'J'..~~'sjD-J.5..:J£12iJ
I
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 3Ú""day of Ùetember , 2002, before me a Notary Public in and for said State,
personally appeared Den ftotf , Director of 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 Utility Department and acknowledged to me that he executed the same for the purposes
therein stated.
,-'" ~ NOTARY PUBLIC - Slate Ii KaN8
að? ~ TRINA ANGUIANO
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Notary Public