Maintaine Detention Pond
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RESTRICTIVE COVENANTS (TO MAINTAIN STORM
WATER DETENTION STRUCTURE)
Mariposa Homeowners Association, a Kansas not-for-profit
corporation, and Bank IV, Salina, N.A. (formerly known as Planters
Bank and Trust Company of Salina, Kansas), Trustee under trust
agreements establishing the William H. Graves Realty Trust, the
Lowell P. Graves Realty Trust, the John A. Graves Family Trust, and
the Dwight L. Graves Trusts, the fee owner of the following-
described real property located in the City of Salina, County of
Saline, State of Kansas, the same being the real estate duly
platted as Mariposa (Blocks 1 through 6), a subdivision of the City
of Salina as such plat is now recorded in Plat Book Volume A-8 at
page 25 on April 26, 1989 at 2:55 p.m. on the records in the office
of the Register of Deeds of Saline County, Kansas, hereby makes the
following declarations as to limitations, restrictions and
covenants concerning the lots or tracts constituting such
sUbdivision and hereby specifies that such declaration shall
constitute covenants to run with all of the land in said
sUbdivision as provided by law and shall be binding on all parties
and all persons claiming under them and for the benefit of and the
limitations of all future owners in the sUbdivision and the City
of Salina, Kansas (the "City"):
1. Lot owners, along with Mariposa Homeowners Association, shall
be responsible for and agree to maintain and to keep in a good
state of repair to the satisfaction of the City the drainage
facilities required by the City which are located within the
sUbdivision and used for the benefit of the lots within the
sUbdivision.
2. Any costs incurred by the City in the maintenance of the
drainage facilities located within the sUbdivision and used
for the benefit of the sUbdivision shall be assessed and
charged against all of the lots within the subdivision. 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 same on the tax rolls of the County
against said subdivision lots and it shall be collected by the
County Treasurer and paid to the City as other City taxes are
collected and paid. City may, in lieu of levying the
maintenance costs against 'the sUbdivision owners as above
provided, maintain an action against the subdivision lot
owners and Mariposa Homeowners Association to collect the
costs of said maintenance in the same manner as any other
obligation owed 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 governing
body of the City of Salina, Saline County, Kansas.
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IN WITNESS WHEREOF, the owner has caused this declaration to
be executed this 1st day of March, 1990.
Bank IV, Salina, N.A.
By: i/ftal(tt'rf?/l~.
Mark L. Miller, Senior Vice
President and Trust Officer
STATE OF KANSAS, COUNTY OF SALINE, SS.:
The foregoing instrument was duly acknowledged before me on
this 1st day of March, 1990, by Mark L. Miller as Senior Vice
President and Trust Officer of Bank IV, Salina, N.A.
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I ..0,.... I DELORES WOODRUff
W State of Kansas
. =' I My Appl Exp. Nov. 28.1993 I
D P Q1il\O / 'I.) flIcr/ A 'rt
Notary Public .
Mariposa Homeowners Association
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President
STATE OF KANSAS, COUNTY OF SALINE, SS.:
The foregoing instrument was duly acknowledged before me on
this 1st day of March, 1990, by James T. Graves as President of
Mariposa Homeowners Association.
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DELORES WOODRUFF
State of Kansas
My Appl Exp. Nov. 28, 1993
fJ~ tJ6cdA.~W
Notary Public
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STATE OF KANSAS' l
COUNTY OF SALINE f SS.,
FILED FOR RECOR:l IN MY OFFICE
ON MAY 231m AT
;""IQ.O'CLO~. A~UlY RECORDED
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/ lJ~ EG. OF DEEDS