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Lot 8, Block 2 (North) I~ 5EE~ REGISTER OF DEEDS COVENANT GRANTING ACCESS TO T~E C[T~O~~ l~ ~mge Kece~ w: ~ ~otal Fees: UTILITIES DEPARTMENT Pages geco~ed: I TillS COVENANT, is made this~-~- day of~a~M_~ , 2002 by and between SUNSET PROPERTIES, INC., a Kansas Corporation with principal offices at Salina, Saline Co., Kansas (the "Owners"), and the CITY OF SALINA UTILITIES DEPARTMENT, (the "City") Recitals Owners own a commercial building (the "Building") located on a tract legally described as: The N. 10 ft. of the S. 100 ft. of the N. 450 ft., plus the S. 40 ft. of the S. 50 ft. of the N. 350 ft. of Lot 8, Block 2, Wallerius Addition, City of Salina, Saline County, Kansas (A.K.A. 2144-2146 Planet Avenue). B. As a condition of providing water service to the Building, the City has required that Owners guarantee access to water meters located inside the building during normal business hours. TItEREFORE, Owners covenant that: Grant of Access. Owners grant the City, it's authorized agents and employees, access to the water meters located in the Building from 8:00 a.m. to 5:00 p.m., Monday through Friday, for any purposes relating to the City's provision of water service to the Building, including the right to access the water meters during those hours for the purpose of discontinuing water service in accordance with the City' s termination of service policy. Termination. This Covenant shall terminate at such time as the water meters are accessible from the exterior of the Building. The City will then file a written release of this Covenant with the Saline County Register of Deeds. Binding Covenant. This Covenant is essential to the City's ability to provide water utility service to the Building, shall run with the land, and shall therefore be binding upon Owners, its successors and assigns, and all future owners of the Building and heirs, beneficiaries, personal representatives, trustees, successors and assigns. EXECUTED, the day and year first above written. Lin~ta M. Simpson, Secrc/tary SUNSET PROPERTIES, INC. Pat B'~6~o en,~ - [,~ CITY OF SALINA, KANSAS ~.~ J Don Hoff, Director of Utilitie STATE OF KANSAS, COUNTY OF SALINE, ss: On this~r,~ day of~, 2002, before me a Notary Public in and for said State, personally appeared /~'7"' ~cgt.~--&/ , President of Sunset Prope~ies, ~c., ~o~ to me to be such officer who executed the within Covenant Granting Access to the CiW of Salina and ac~owledged to me that he executed the same for the p~ose therein stated on behalf of said Co~oration. [ ~ N0t~gY P08[IC -. Stat~ af ham ] Nota~ Pubi{~ ' STATE OF KANSAS, COUNTY OF SALINE, ss: On this q~' day of ~e:~e_mBc~ , 2002, before me a Notary Public in and for said State, personally appeared ~bOlq ~ , Director of Utilities for the City of Salina, Kansas, known to me to be the person who executed the within Covenant Granting Access to the City of Salina Utility Department and acknowledged to me that he executed the same for the purposes therein stated. ~_~ ~ ~ I~[ NOTARYTRiNAPUBLIC-StateANGUiANoOf Kansas'Il Notary Public [,~^~o~,~I My Comm. Exp. tg~.lq'O~]