Restrictive Covenants
REBECCA SEEMAN C
RESISTER OF DEEDS ...,
SALINE COUNTY KANSAS ,...
Book: 1086 Page: 123
Receipt #: 19251 Total Fees: $44.00
Paqes Recorded: 6
- Date Recorded: 8/25/2004 8:12:07 AM
RESTRICTIVE COVENANTS FOR
DRAINAGE TRANSMISSION AND STORAGE FACILITIES
The Elks Home Association, a Kansas Not-For-Profit Corporation, the fee
owner ofthe following real property located in the County of Saline, State of Kansas,
as described on attached Exhibit "A", hereby makes the following declarations as to
limitations, restrictions, and covenants concerning the real estate described on Exhibit
"A" and hereby specifies that such declaration shall constitute covenants to run with
all ofthe real estate described on Exhibit "A", as provided by law, and shall be binding
on all parties who have any interest in such real estate and the City of Salina, Kansas
(the "City"):
1. The Elks Home Association, its successors and assigns as owners of
the real estate described on Exhibit "A", shall be responsible for and
shall maintain and keep in a good state of repair to the satisfaction of
the City, the drainage transmission and storage facilities located on
said real estate and shown in the "as built" drawings attached as
Exhibit "B" to be used for the benefit of certain portions of Cedar
Ridge Addition to the City of Salina.
2. Any costs incurred by the City in the maintenance of the drainage
transmission and storage facilities as described, upon the failure ofthe
Elks Home Association to maintain the same, shall be assessed and
charged against the real estate described on Exhibit "A". 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
Book: 1086 Page: 124
same on the tax rolls of the County against such real estate described
on Exhibit "A" 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 oflevying the maintenance costs against the Elks Home
Association and the described real estate, maintain an action against
the Elks Home Association, its successors and assigns, to collect the
costs of said maintenance in the same manner as any other obligation
owed to 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 the Governing Body of the City of
Salina, Saline County, Kansas.
IN WITNESS WHEREOF, the Elks Home Association has caused this
Declaration to be executed this ~ day of
A- lA..-~ L.f S -' , 2004.
/
ELKS HOME ASSOCIATION:
~
By: /J.)~ wJL 1~.
WALTER WILLIAM FAIR, President
ATTEST:
2
Book: 1086 Page: 125
STATE OF KANSAS, COUNTY OF SALINE SS:
The foregoing instrument was acknowledged before me this ~ day of
A- v.. ~ \l~J.-'
, 2004, by Walter William Fair, President of Elks Home
Association.
f\. JOHU~4IE T. GARCiA, JR.
~ Notary Public - Stat of r~nsQ.:I
My Appt. Expires
~~I' 3JA)
NO AR PUBLIC--
STATE OF KANSAS, COUNTY OF SALINE SS:
The foregoing instrument was acknowledged before me this ~ day of
A-u~U7+
, 2004, by Gary Dean Stansberry, Secretary of Elks Home
Association.
3
Book: 1086 Page: 126
ELKS COUNTRY CLUB
METES & BOUNDS
Project #01-42
Commencing at the Northwest Comer, Section 29, TI4S, Range 2 West; thence Easterly
along the North boundary line of said section and having a bearing of North 89 degrees
49 minutes 41 seconds East a distance of 424.33 feet; thence South 00 degrees 00
minutes 00 seconds West a distance of 16.00 feet, said point also being on the Northern
property boundary and the true point of beginning.
- Thence North 89 degrees 49 minutes 40 seconds East a distance of 37.28 feet;
- thence South 62 degrees 9 minutes 8 seconds East a distance of 20. 78 feet;
- thence South 26 degrees 37 minutes 12 seconds West a distance of 192.54 feet;
- thence South 0 degrees 53 minutes 12 seconds East a distance of 48.40 feet;
- thence South 14 degrees 36 minutes 27 seconds East a distance of71.58 feet;
- thence South 51 degrees 10 minutes 11 seconds East a distance of 46.32 feet;
- thence North 75 degrees 58 minutes 31 seconds East a distance of 39.95 feet;
- thence South 45 degrees 1 minutes 25 seconds East a distance of 32.59 feet;
- thence South 89 degrees 10 minutes 26 seconds East a distance of 53.89 feet;
- thence North 1 degrees 11 minutes 24 seconds West a distance of 64.32 feet;
- thence North 54 degrees 29 minutes 6 seconds East a distance of 128.86 feet;
- thence North 85 degrees 30 minutes 3 seconds East a distance of 115.19 feet;
- thence South 79 degrees 42 minutes 12 seconds East a distance of37.05 feet;
- thence South 72 degrees 3 minutes 4 seconds East a distance of 108.98 feet;
- thence North 68 degrees 26 minutes 18 seconds East a distance of90.09 feet;
- thence North 88 degrees 49 minutes 34 seconds East a distance of83.76 feet;
- thence North 46 degrees 46 minutes 35 seconds East a distance of 295.51 feet;
- thence North 89 degrees 49 minutes 40 seconds East a distance of29.30 feet;
- thence South 46 degrees 46 minutes 34 seconds West a distance of328.47 feet;
- thence South 22 degrees 56 minutes 29 seconds West a distance of 82.77 feet;
- thence South 85 degrees 40 minutes 14 seconds West a distance of 163.09 feet;
- thence North 76 degrees 44 minutes 4 seconds West a distance of62.68 feet;
- thence South 76 degrees 52 minutes 42 seconds West a distance of98.31 feet;
- thence South 41 degrees 56 minutes 15 8econds West a distance of 113.95 feet;
- thence South 0 degrees 23 minutes 32 seconds West a distance of 150.43 feet;
- thence North 74 degrees 19 minutes 11 seconds West a distance of74.76 feet;
- thence North 32 degrees 42 minutes 30 seconds West a distance of 50.80 feet;
- thence North 1 degrees 11 minutes 7 seconds West a distance of 128.39 feet;
- thence North 89 degrees 22 minutes 5 seconds West a distance of 56.22 feet;
- thence South 5 degrees 32 minutes 32 seconds West a distance of 4.23 feet;
- thence South 65 degrees 48 minutes 59 seconds West a distance of 32.60 feet;
- thence South 87 degrees 6 minutes 29 seconds West a distance of65.03 feet;
- thence North 53 degrees 42 minutes 9 seconds West a distance of 106.93 feet,
- thence North 83 degrees 20 minutes 18 seconds West a distance of 51.15 feet;
- thence South 71 degrees 9 minutes 41 seconds West a distance of 57.17 feet;
- thence South 39 degrees 14 minutes 54 seconds West a distance of 65.28 feet;
- thence North 56 degrees 24 minutes 48 seconds West a distance of34.78 feet;
~
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EXHIBIT
A
PAGE 1
~
Book: 1086 Page: 127
- thence North 28 degrees 4 minutes 21 seconds West a distance of 48.40 feet;
-thence North 60 degrees 44 minutes 39 seconds East a distance of24.96 feet;
-thence North 13 degrees 24 minutes 7 seconds East a distance of 105.22 feet;
- thence North 77 degrees 54 minutes 1 seconds West a distance of78.95 feet;
- thence North 51 degrees 9 minutes 7 seconds West a distance of 50.87 feet;
- thence North 82 degrees 39 minutes 20 seconds West a distance of 57.65 feet;
- thence North 0 degrees 28 minutes 57 seconds West a distance of20.19 feet;
- thence South 82 degrees 39 minutes 27 seconds East a distance of 66.04 feet;
- thence South 51 degrees 8 minutes 54 seconds East a distance of 51.76 feet;
- thence South 77 degrees 53 minutes 54 seconds East a distance of74.65 feet;
- thence North 13 degrees 24 minutes 11 seconds East a distance of 38.61 feet;
- thence North 77 degrees 46 minutes 26 seconds East a distance of 56.04 feet;
- thence South 65 degrees 18 minutes 26 seconds East a distance of 101.07 feet;
- thence North 45 degrees 15 minutes 42 seconds East a distance of 49.23 feet;
- thence South 57 degrees 8 minutes 1 seconds East a distance of 17.07 feet;
- thence North 25 degrees 48 minutes 59 seconds East a distance of 152.25 feet;
- thence North 57 degrees 43 minutes 56 seconds West a distance of 31.78 feet;
to the true point of beginning
Said tract contains 3.19 AC. more or less.
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