Agr Rezone Oakdale Add
AGREmENT
!his agreement made and entered into thia ? day of M!l.rch,
1948, by and between the CITY OF SALINA, hereinafter referred to as .CITY-
and L. E. FINK, hereinafter referred to as "OWNER-.
WITNESSETH THA 1'.
WHERF~S, the Board of Commissioners of CITY have heretofore duly
and regularly enacted a zoning ordinance No. 3la8 and oertain amendment.
thereto all of whioh are inoorporated herein by reference, and
WHEiREAS, owner 18 the owner of Lot 8, Blook 14 in Oakdale Addi-
tion to the City of Salina, now situate in the "A" Residential District
under t~e aforesaid ordinanoe, and has heretofore petitioned the Board of
Commissioners of said city to rezone said property to the "Bft Residential
Distriot as defined by said ordinanoe, and
WHEREAS, said petition was duly referred to the Planning and
Zoning Commission of said oity, whioh oommission reoomn~nded the rezoning
thereof; and
WHEREAS, all oonditions preoedent to the rezoning thereof have
been fully and timely oampl ied with, and
WHEREAS, the Board of Commissioners of said city are willing to
rezone said property subject to the provisions thereof, and
So. now, THEREFORE in oonsideration of the oity oausing add property to
be rezoned to the Class "Bft Residential Distriot the owner agreeSt
That wi thin six months from the date hereof he will oause the
stairway now projeoted to the seoond floor and transverse a part of the
west side of a struoture now situate on said lot and transverse a part
of thenorth side or front of said struoture on said lot to be wholly re-
moved to a point 18 inohes west of the west line of the west door into
the seoond floor of said struoture and to reoonstruot at and on the west side of
said structure a stairway and to construot an entranoe into said eeODDd
floor within the rear one-half of said struoture and that owner will cause
said removal, reconstruction and construction to be done in a good workman-
like manner; and owner further agrees that in the event of failure by him
so to do or oause to be done any of suoh removal. recoustruction or oon-
struction that the ordinance rezoning said property to "a- Residential may
be repealed and that said property will thereupon revert to Cla.. "Aft
Residential Distriot uses as effectively a8 though never rezoned.
-
..'
Owner further agrees that in the ~nt of the repeal of said
ordinanoe that he will use said property only for the objeots and purposes
autnorized for such "A" Residential Distriot and that in the event the city,
after the repeal of the rezoning ordinanoe, institutes suit to enjoin the
use of such property for any purpose other than that authorized for property
in the "A. Resident441 District that owner will not contest the same and
owne1" hereby agrees to cont... judgment pel"DlaI1ently enjoining the use of'
said property for purpoliJes other than that authorized for property in the
"Aft Residential Distriot.
It i. understood that this is a covenant running with the land
and that upon compliance with the oonditions hereof by owner that the City
llI8.ne.ger of the city is authorized to so determine and to release the covenant
of r8co1"d on behalf' of the oity.
In wi tnesa whereof the undersigned owner m s caused this agree-
ment to be exeouted and the oity, by order of the Board of Commissioners
of the city, has caused these presents to be executed by the Me.yor and
attested by the City Clerk.
~Atf ~ :t~
o er
Attests
0~~v
City Clerk
CITY OF SALINA.
"/~~/L
. )(ayo
-,
STA TE OF UN SAS ) SS
SALDE COUU'IT )
BE IT REMEMBERED, that on this t
before me ~ /;:-, --Pe.- T<::,. .- 0 /'f
/11~
A. D.
day of'
, a Notary Public in and for
1948,
said County and State, cwne L. E. Fink, to me personally known to be the
same person who executed the foregoing in.trument of wrl ting and duly
acknowledged the execution of the same.
IN WITNESS \'V!IEREOJ?, I have hereunto subsoribed my name and
affixed my offioial 8eal on the day and Y~."-:/lUP abov;~;7;_. "
./ ~1~
. otaryJPUblio
:.y Commission EXPire..J-~r-1 'I I ~ f'y
--.-. . ..
RELEASE
The undersigned City Manager does hereby oertify that the
owner has tully complied with the requisites of the foregoing agree-
ment and the covenant running with the land is hereby released.
Dated this
day of
, 1948
cIty
MAnager
(Seal of City)
CERTIFICATE
Chas. E. Banker, City Clerk of the City of Salina, oertified
that on the day of , 1948, E. J. Allison
was the duly appointed, qualified and aoting City Manager of the City
of 3e.l ina, Kansas.
cI ty Clerk
(Official Seal)