Covenants Running With the Land
REBECCA SEEMAN C-..'
RESISTER OF DEEDS N
SAlINE COUNTY KANSAS
Book: 111..5 Page: 1343
Receipt I: 32803 Total Fees: $Z~00
QaQis.Re~Rded: 5
COVENANTS RUNNING WITH THE""LA1Nt'e Recorded: 4/5/2006 8: 12:ZI.AM
RESTRICTING THE SALE OF CERTAIN LOTS AND CONSENTING TO AND
WAIVING PROTEST OF IMPROVEMENTS TO BE CONSTRUCTED UNDER
THE KANSAS GENERAL IMPROVEMENT AND ASSESSMENT LAW (K.S.A.
12-6aOl, et seq.)
THESE COVENANTS running with the land are made this~day of March,
2006, by Magnolia Hills, Inc. (the "Owner")
RECITALS
A. Owner is the owner of the real estate legally described on the attached and
incorporated Exhibit A and depicted on the attached and incorporated Exhibit B (the
"Real Estate").
B. Owner has applied for approval by the City of Salina, Kansas (the "City")
of subdivision and platting of the Real Estate, to be known as the Magnolia Hills Estates
Addition to the City of Salina.
C. Owner acknowledges that there are lots in Blocks 4, 5 and 6 of Magnolia
Hills Estates Addition that can not be served by the City's sanitary sewer system without
the construction of a sanitary sewer pump station, either a regional public pump station
serving a 440 acre area in the vicinity of Markley Road and Magnolia Road or a private
lift station serving only lots within Magnolia Hills Estates Addition.
D. Owner makes these covenants and restrictions as a condition of
subdivision approval granted by the Salina Planning Commission pursuant to and in
accordance with K.S.A 12-749 and Salina Code Section 36-8.
COVENANTS RUNNING WITH THE LAND
NOW THEREFORE, Owner makes the following declaration as to covenants
relating to the lots or tracts constituting the Real Estate and hereby specifies that this
declaration shall constitute covenants running with all of the land described as the Real
Estate:
./'
1. Owner agrees that !:;9ts 1-4 in Block 4 and Lots 5 and 6 and Lots 13-17 in
Block 51:fiid Lots 1-11 in Block 6 shall not be given away, sold, leased, rented, conveyed,
or in any way alienated unto any person or entity [collectively the "Subsequent
Owner(s)"], until a method of providing sanitary sewer service to those lots is approved
by the City's Utilities Director.
2. Owner, for Owner and Subsequent Owners, consents to the construction
of a regional sanitary sewer pump station intended to serve 440 acres in the vicinity of
Markley Road and Magnolia Road that can not be served by a gravity sewer system and
the construction of a gravity sewer line crossing under Markley Road to carry discharge
from the lots identified in Section 1 to the planned pump station on the west side of
Book: 1125 Page: 1344
Markley Road. (the "Improvement") under the Kansas General Improvement and
Assessment Law (K.S.A. 12-6aOl, et seq.), and further waives the right pursuant to
K.S.A. 12-6a06 to protest against the construction of the Improvement under the Kansas
General Improvement and Assessment Law for a period of three (3) years from the date
first stated above.
3. If after three (3) years a special assessment benefit district for a regional
sanitary sewer pump station is not created, the City agrees that Owner and Subsequent
Owners may proceed with construction of a private lift station serving the lots identified
in Section I above.
4. If a private lift station is built, the Utilities Director for the City reserves
the right to require Owner and Subsequent Owners to locate the lift station in a manner
that would facilitate the operation, maintenance and ultimate abandonment of the lift
station in the future by gravity extension of a sanitary sewer main connection from the
Real Estate to the planned public pump station to be located on the west side of Markley
Road. Owner, for Owner and Subsequent Owners, agrees that if a gravity sewer system
becomes available after the private lift station is constructed the private lift station will be
abandoned and the lots served by the private lift station will connect to the public gravity
system. Owner, for Owner and Subsequent Owners of the lots identified in Subsection 1,
hereby consents to the construction of a gravity sewer line crossing under Markley Road
to carry discharge from said lots to the pump station on the west side of Markley Road
(the "Improvement") under the Kansas General Improvement and Assessment Law
(K.S.A. 12-6aOl, et seq.), and further waives the right pursuant to K.S.A. 12-6a06 to
protest against the construction of the Improvement under the Kansas General
Improvement and Assessment Law.
5. If Owner or Subsequent Owner fails to comply with these Covenants, any
person or entity entitled to lawfully participate in petitioning for the Improvement under
K.S.A. 12-6aOI, et seq., including without limitation, the City, may pursue any lawful
remedy available to enforce these Covenants, including, without limitation, seeking
injunctive relief in the Saline County District Court, and shall be entitled to recovery of
any expenses, costs, and reasonable attorney's fees required in enforcing these
Covenants. Any such recovery to which the City of Salina is entitled may be levied as an
assessment against that portion of the Real Estate owned by the Owner or Subsequent
Owner who has failed to comply with these Covenants or pursued as the personal debt of
the responsible Owner or Subsequent Owner.
6. These Covenants shall be binding upon Owner and Subsequent Owner(s)
and shall constitute covenants running with the land described above as the Real Estate
for a period of three (3) years from the date first stated above or until the Utilities
Director approves a plan for providing sewer service to the lots identified in Section 1
above.
7 These Covenants shall not be amended or modified in any manner without
the prior approval of the Salina Planning Commission and Board of Commissioners of
the City of Salina.
Book: 1125 Page: 1345
IN WITNESS WHEREOF, Owner or Owner's duly authorized representative has
executed these restrictions effective as of the day and year first stated above.
STATE OF KANSAS, COUNTY OF SALINE, ss:
The foregoing instrument was acknowledged before me this ~ day of March,
2006 by Kelly Dunn, President, Stanley C. Byquist, Vice President and James P. Markle,
Treasurer of Magnolia Hills, Inc.
tJr+:a~a/tu JL-
tary PublIc
Book: 1125 Page: 134b
EXHIBIT A
A parcel of land located in the Southeast Quarter of Section 29, Township 14
South, Range 2 West of the 6th Principal Meridian in Saline County, Kansas,
more particularly described as follows:
Commencing at the Southwest corner of said Southeast Quarter; thence on an
assumed bearing of N89026'52" E along the South line of said Southeast Quarter
a distance of 50.00 feet to a point on the East right-of-way line of Markley Road;
thence N 00026'51" W along said East right-of-way line a distance of 564.18 feet
to the Point of Beginning of the parcel to be described;
- thence continuing NOo026'51" W along said East right-of-way line a distance of
1692.08 feet;
- thence along said East right-of-way line on a curve to the right with a radius of
1859.56 feet, a chord distance of 396.17 feet, a chord bearing on N05038'43" E,
and an arc length of 396.92 feet to a point on the North line of said Southeast
Quarter;
- thence N89034'57" E along the North line a distance of 801.15 feet;
- thence S00033'05" E along said West line of Magnolia Hill Addition, and
extension thereof, a distance of 2084.04 feet;
- thence S89026'52" W a distance of 846.98 feet to the Point of Beginning;
platted and known as the Magnolia Hills Estates Addition to the City of Salina,
Kansas.
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