Downtown Wall Repair
WALL AGREEMENT AND COVENANTS
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7 --day of
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Agreement is entered into this
, 1986, by and between the CITY OF SALINA
(referred to as "the City") and N & S Real Estate, a Kansas
Partnership
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(referred to as "the Owner").
I
RECITALS
(A). The City has acquired and demolished certain
buildings in conjunction with the downtown renovation
project.
(B). Demolition of those buildings has in some
instances exposed the exterior walls of adjacent buildings,
requiring that the newly exposed exterior walls be repaired
and weatherproofed.
(C). Out of concern for public safety and aesthetic
compatibility with public improvements, the public interest
shall best be served by the City's participation in payment
of a portion of the cost of such repair and weatherproofing.
II
DEFINITIONS AND DESCRIPTIONS
For purposes of this Agreement the following defi-
nitions shall apply:
(1). "City's Property" shall refer to the following
described real estate owned by the City of Salina:
The South Twenty (S 20) feet of Lot
Ninety-Five (95) on Santa Fe Avenue, Original
Townsite, Salina, Kansas.
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(2). "Owner's Property" shall refer to the following
described real estate owned by the Owner and located adjacent
to the City's Property:
The North one-half (N 1/2) of Lot Ninety-Seven
(97) on Santa Fe Avenue, Original Town (now City),
Salina, Saline County, Kansas.
(3). "The wall" shall refer to that wall facing the
City's property.
(4). "Weatherproofing" shall mean treatment of the
exterior wall surface with a chemical sealant or other
recognized method capable of protecting the wall from damage
or loss of function due to exposure to the elements.
III
INITIAL REPAIR, RESURFACING AND WEATHERPROOFING
(A). The City agrees to reimburse Owner for the
actual cost of repairing, resurfacing, and weatherproofing the
wall the sum of $28,561.
(B). To qualify for reimbursement, Owner shall
submit to the City Manager for approval a proposed plan of
work to be undertaken in repairing, resurfacing, and
weatherproofing as well as the names and cost estimates of
proposed contractors to complete the work.
(C). Payment shall be made to Owner upon
presentation of paid receipts to the City Manager and after
the City's inspection and approval of the completed repair,
resurfacing and weatherproofing work.
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IV
COVENANTS
(A). Responsibility, Improvements, Repairs or
Modifications. Owner shall have full responsibility for the
wall and covenants and agrees that any future improvements,
repairs, or modifications to the wall must be approved by
the City before a building permit for such work shall be
issued.
(B). Access. Owner covenants and agrees that any
future openings in the wall that provide additional physical
or visual access to the City's property must be approved by
the City before a building permit for such work shall be
issued and that any expenses incurred in creating any such
additional access shall be the Owner's sole responsibility.
(C). Ongoing Maintenance. Owner covenants and
agrees to maintain the wall in a sufficient state of repair
and with appropriate weatherproofing necessary to protect
the wall from deterioration due to exposure to the elements.
If Owner fails to so maintain the wall as determined by the
City, the City shall, upon reasonable notice to the Owner,
perform such maintenance or weatherproofing work as is nec-
essary to protect the wall from the elements and shall be
entitled to recover from the Owner the cost of any such
repair or weatherproofing.
(D). Demolition. Owner covenants and agrees that
in the event the wall is demolished, this agreement and the
covenants herein shall apply to any wall reconstructed upon
Owner's property that faces the City's property, regardless
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of where such wall may be located in relation to Owner's and
City's common property line.
V
COVENANTS RUNNING WITH THE LAND AND BINDING EFFECT
This Agreement and the covenants herein shall con-
stitute covenants running with the land and shall be binding
upon the heirs, executors, administrators, successors and
assigns of the respective parties hereto. Provided however,
in the event the City reimburses an owner for repair, resur-
facing or weatherproofing a wall of a building adjacent to
City property without requiring said owner to accept the
above covenants and record them as hereinafter provided, the
covenants contained herein shall be null and void.
VI
RECORDING
This Wall Agreement shall be recorded in the Saline
County Register of Deeds office and shall be indexed under
the headings for both of the above described properties.
KANSAS
By
N &
, OWNER
artner
partner
STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, t at on th1s
day of
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~~~~~y- , 1986, before me, the undersigned, a notary public in
and for the county and state aforesaid, came Rufus Nye, City
Manager for the City of Salina, Kansas, who is personally known
to me to the same person who executed the within instrument on
behalf of the City of Salina, Kansas, and such person duly
acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal, the day and year last above written.
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Nota y Public
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 7d day of '--1.~ ,
1986, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Rodney G. Nitz, a general
partner in N & S Real Estate, a Kansas Partnership, who is
personally known to me to the same person who executed the within
instrument and such person duly acknowledged the execution of the
same.
IN WITNESS WHEREOF,
affixed my seal, the day and
/4 N"OTAR'! ru' :c - State at Kansas
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.1ThN;3d r,n\ I ,; lxp. May 12. 1988
I have hereunto set my hand
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and
STATE OF HAWAI I, fhtrt,Jh I COUNTY, ss:
BE IT REMEMBERED, that on this IOe day of ~ - ,b.....-.. ,
1986, before me, the undersigned, a notary public in ~~~r the
county and state aforesaid, came Laurin W. Schutter, a general
partner in N & S Real Estate, a Kansas Partnership, who is per-
sonally known to me to the same person who executed the within
instrument and such person duly acknowledged the execution of the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal, the day and year last above written.
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day of
SUPPLEMENTAL AGREEMENT
TQis Supplemental Agreement is entered into this ~
~G1I~~ , 1986, by and between the CITY OF SALINA
(referred to as "the City") and N & S Real Estate, a Kansas
Partnership
(referred to as "the Owner").
I
RECITALS
(A). The City and"Owner wish to supplement the provi-
sions of a Wall Agreement set forth herein, which is attached
hereto and made a part hereof as though to set forth the entire
agreement between the parties resulting from the action of the
City as set forth in the recitals of the Wall Agreement.
(B). The City and Owner agree that there are party wall
agreements dated July 1, 1878 and March 1, 1879.
(C). The Owner claims that the City's demolition of the
building on City's property caused damage to the wall of their
building and created structural problems not present before demo-
lition, which required substantial expenditures for the project
and that the City is liable therefor.
(D). The City denies such claims and denies any liabil-
ity to owner.
(E). Owner, with agreement of the City, has constructed
a new foundation and wall on City's Property and City is willing
to convey so much of City's Property to Owner so as to grant
Owner full ownership of the new foundation and wall and to termi-
nate the party wall agreements.
(F). City and Owner, consistent with their understand-
ings wish to finally conclude any and all issues of liability now
existing between them.
In consideration of the above recitals and the mutual
agreement hereinafter set forth the parties agree:
(1). The City will survey the new foundation and
wall and convey to the Owner so much of the City's Prop-
erty as is necessary to transfer fee title to the exist-
ing foundation and wall which conveyance will terminate
the party wall agreements.
(2). Concurrently with the execution hereof, the
parties will execute the wall agreement and the City
will pay to Owner $ ~~ S-c" ~n full settlement of any
and all claims which the Owner may have against the City
under the party wall agreements, and under the Wall
Agreement and in addition, any other claims which the
owner may have against the City by reason of its actions
as set forth herein.
CITY
LINA, KANSAS
N & S
artner
Laurin
partner
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 'l~ day of
~~t~~ ,1986, before me, the undersigned, a notary
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public in and for the county and state aforesaid, came
Rufus Nye, City Manager for the City of Salina, Kansas, who
is personally known to me to the same person who executed
the within instrument on behalf of the City of Salina,
Kansas, and such person duly acknowledged the execution of
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal, the day and year last above written.
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Not ry Public
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this jt+- day of '-7)~
1986, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Rodney G. Nitz, a general
partner in N & S Real Estate, a Kansas Partnership, who is per-
sonally known to me to the same person who executed the within
instrument and such person duly acknowledged the execution of the
same.
IN WITNESS WHEREOF,
affixed my seal, the day and
,~~nmY P!!
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E:!]~;.:_'L.,~,",:::m f/" r.
; Ka~s I
i, 1988 .
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set my hand and
written.
STATE OF HAWAII, f-lA-aJhl COUNTY, ss:
BE IT REMEMBERED, that on this IOfj.. day of L<\".......ku J.. _ ,
1986, before me, the undersigned, a notary public in ~~~~the
county and state aforesaid, came Laurin W. Schutter, a general
partner in N & S Real Estate, a Kansas Partnership, who is per-
sonally known to me to the same person who executed the within
instrument and such person duly acknowledged the execution of the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal, the day and year last above written.
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SPECIAL WARRANTY DEED
THIS INDENTURE, made this 15th day of December
1986, between the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter referred to as the "Party of the
First Part," and N & S REAL ESTATE, A KANSAS PARTNERSHIP,
hereinafter referred to as the "Party of the Second Part,"
WITNESSETH:
That the Party of the First Part, in consideration of
the sum of One Dollar ($1.00) and other valuable
considerations, the receipt and sufficiency of which are
hereby acknowledged, does by these presents grant, bargain,
sell, and convey unto the Party of the Second Part, its
successors and assigns, with special warranty covenants, all
of the following described real estate situated in Saline
County and the State of Kansas, to wit:
The South 2.86 feet of Lot Ninety-five
(95) on Santa Fe Avenue in the Original Town
of Salina, Saline County, Kansas.
TO HAVE AND TO HOLD THE SAME, together with all and
singular the tenaments, hereditaments, and appurtenances
thereunto belonging, or in anywise appertaining, forever.
And the said City of Salina, Kansas, for itself, its
successors and assigns, does hereby covenant, promise, and
agree to and with said Party of the Second Part, that it
will warrant and forever defend the same unto the said Party
of the Second Part, its successors and assigns, against said
Party of the First Part and its successors, and all and
every person or persons whomsoever, lawfully claiming or to
claim the same, or any part thereof, by, through or under
it.
IN WITNESS WHEREOF, the said Party of the First Part
hereunto has caused this deed to be executed by its Mayor,
thereunto duly authorized so to do, and has caused its
corporate seal to be hereunto affixed on the day and year
first above written.
CITY OF SALINA, KANSAS
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By
ATTEST:
ft~~-.J
D. L. Harrison, City Clerk
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 15th day of December,
1986, before me, the undersigned, a notary public in and for
the county and state aforesaid, carne Joseph Ritter, Mayor of
the City of Salina, Kansas, and D. L. Harrison, City Clerk,
who are personally known to me to be such officers and who
are personally known to me to be the same persons who
executed as such officers the within instrument of writing
on behalf of said City of Salina, Kansas, and such persons
duly acknowledged the execution of the same to be the act
and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above
written.
M. Eo ABBOTT
NOT AR'i PUBLIC
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Notary Public