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eastgate addition drainage 1/27/1988DEAN BOYER, P.E. CITY ENGINEER Mr. George C. Etherington ES Realty, Inc. 115 N.W. 3rd St. Abilene, Kansas 67410 Dear George: ENGINEERING DEPARTMENT 300 WEST ASH STREET P.O. BOX 736 SALINA. KANSAS 67402-0736 AREA CODE 913 827.9481 January 27, 1988 DONALD E. HOFF, P.E. ASST. CITY ENGINEER D.W. BASSETT TRAFFIC ENGINEER Re: Eastgate Addition Salina, Kansas In accordance with our telephone conversation this morning regarding maintenance of the drainage facilities in Eastgate Addition, it was agreed that the City of Salina should perform any required maintenance on this facility. Our concern at the present time relates to the stormwater pump not functioning. Enclosed is a copy of the "Restrictive Covenants" which outlines main- tenance responsibilities and procedures. If you have any questions, please contact me. Sincerely, Z�:�- �7 Don Hoff, P.E' DH:ps Enc: (1) I MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES S�ATz OF KANSAS ) I �.I FILED FOR ORD w 1\ Y KN MY OFFICE AT COUNTY OF SA LING t O'CLOCX • .F".� ' 1984 ANO ouLY A` iV .: % L JU R ORO�II O �IJA T PAGE .. �f.�(/ ... XQ.L�.1f(1/,...... Re U. OF De -.S ,y RESTRICTIVE COVENANTS P.l.so[7 r�R#x g3$ 1 ES REALTY, INC. , the fee owner of the following described real property located in t e ity of Salina, County of Saline, State of Kansas, the same being the real property duly platted as East a e Addition a subLdi-v�ision of the City f Salina as such plat is now recorded in at Book at page of the records in the office of the Register of Deeds of Saline ounty, 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 the 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 shall be responsible for and agree to maintain and to keep in a good state of repair to the satisfaction of the City all drainage facilities required by the City, whether located within the subdivision or located off the subdivision, but 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, or located off the sub- division but 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 owner 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. IN WITNESS WHEREOF, the owner has caused this declaration to be executed this 1st day of November ,.,1984. e. 51 STATE OF KANSAS, SALINE COUNTY, ss: George C. Etlierington The foregoing instrument was duly acknowledged before me this 1st day of November , 1984, by George C. Etherington UDONNA BENNErr Iff MM. 1, A;WW M" 1h UP in-ia t Notary Public