Loading...
Restrictive Covenant AGRVm~NT FOR RESTP, ICTIVE COVENANT This ~z3reem~nt is made and entered into by and between tLARRY SINSABAU~ and 5iILDRED SINSABAUGH, husband and wife, of Salina, Kansas, hereinafter referred to as the "Land~wner", and t~he CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as t~le "City". WITNESSETH: WHEREAS, Landowner owns a tract of land in Saline County, Kansas, legally described as: A tract of land in the Southeast Quarter of the Northwest Quarter (SE/4 of NW/4) and in the Southwest Quarter of the Northeast Quarter (SW/4 of NE/4) of Section Nineteen (19), Township Fourteen (14) South, ~ Range Tw~ (2) West of the Sixth Principal Meridian in saline County, Kansas, being more particularly described as follows: Beginning at the southwest corner of the South- east Q~]mrter of said Northwest Quarter (SE/4 of ~W/4) thence north along the west line of the Southeast ~-~..'~ ~i Q~rter of said Northwest Quarter (SE/4 of NW/4)to the northwest corner of the Southeast ~mrter of said ~rthwest Quarter (SE/4 of NW/4); thence east along ~3~. ~ north line of t~he Southeast Quarter of said North- west O~mrter (SE/4 of NW/4) to the west right-of-way ~ ~ i ~~ne of the Saline Flood Protection Dike; thence southeasterly along said west right-of-way line ~.~.~ to the sout~h line of said Northeast Quarter (NE/4); ~ ~ thence west along the sout~h line of said Northeast ~-~ Quarter (NE/4) and said Northwest Quarter (NW/4) to the point of beginning; said tract contains 32.3 acres, more or less; am~, W~REAS, said tract is located adjacent to the corporate limits of the City; and, W~HEREAS, the City has an interest in the orderly development of said tract, and has both interest and statutory authority to consider annexation of said tract; and, WHEREAS, the Landowner and the City mutually wish to defer annexa- tion at the present t/me while preserving to the City the option to proceed with annexation when such proceedings would be indicated by further development of said tract and changing circumstances. NOW I~EREFORE, For and in consideration of t~he mutual covenants, conditions and undertakings hereinafter set forth, the Landowner and the City agree as follows: (1). The City shall forebear from any annexation proceedings, unless and until the use or development of the above described real estate shall c~3nge frc~ its present status and personal agricultural usage, and so long as Landowner shall abide by the conditions of this Agre~m~e_nt. (2). In the event said tract or any parcel or portion thereof is proposed for sale, transfer, improv~ae-nt, development or other change frc{n personal agricultural usage, then the Landowner shall petition for a~xation to the City of that b<~r~ ion of the above tract which the Lan~<~ner proposes to sell, transfer, improve, develop or other c2~ange frc~ personal agriculturai usa~ ~, and sl/all pursue and process said petition expeditiously, end such annexation shall be made a condition precedent to the cons%ruination of any sale, transfer, improve- ment, development or change of usage of the above described real estate. (3). In the event that the Land<~vr~r shall fail to properly so petition, the City may, on its own motion, initiate such proceedings, and the Landowner hereby gives his consent to said annexation and proceedings, and the City shall also be preserved to any and all other legal rights and remedies. (4). The Landowner and the City mutual ly agree that this ~re~T~nt shall be placed of record in the offic~ of the Register of Deeds of Saline County, Kansas, and shall be construed as a covenant running with t~he land, and shall be binding on the ~c~rties, their respective heirs, administrators, executors, t~.,stees, assigns, successors and legal representatives. IN WITNESS V~REOF, the Landowner and the City, by its duly authorized representatives, execute this Agreement at Salina, Salin~ County, Kansas, on this ~o''~ day of November, 1979. L~O~N~R: CIte OF SALINA, KANSAS ..~ '~ ATIEST3 I <. - 'M_~ldred $ins~baugh ' ..~ City Clerk D.L. ~ri~ v ~ ~- l-'-,; .~.'© '['L%O , · STATE OF KANSAS, SALINE COUNTY, ss: ~ BE IT REA~BERED, that on this ~ day of November, 1979, before me, the undersigned, a notary public in and for the coun~f and state. aforesaid, came Harry Sinsabaugh and Mildred SLnsabaugh, husband and wife, wno are pers.onally known to me to be the same persons who executed the above instrument of writing and duly acknowledged the execution of the same. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last above written.