Loading...
Lot 7, Block 4 COVENANTS RELATING TO SANITARY SEWER LINE And MANHOLE ACCESS EASEMENT These Covenants Relating to Sanitary Sewer Line and Manhole Access Agreement are entered into this 2'" day of May, 2005, between the City of Salina, Kansas (the "City") and G. Michael Santilli and Rebecca D. Santilli, husband and wife, (the "Owner"). Recitals A. The Owner owns Lot Seven (7), Block Four (4), Woodland Hills Estates Addition to the City of Salina, Kansas, ("Owner's Lot") upon which is located a single- family residence addressed as 301 S. Estates Drive ("Owner's Residence"). B. The east ten feet (10') of Owner's Lot is subject to a platted public utility easement (the "Easement"). C. The City and the Owner acknowledge that the eight-inch (8") public sanitary sewer line which serves the Owner's Residence (the "Sewer Line") was installed at a depth of no greater than fifteen feet (15'), approximately two to three feet (2-3') west of the west boundary of the Easement and, consequently, outside the Easement. D. In the case of the Owner's Lot, the Sewer Line ends at the manhole located approximately ten feet (10') north of the south boundary of Owner's lot (the "Manhole"), to which the City needs access via an additional five-foot (5') by five-foot (5') easement for access to and maintenance of the Manhole. E. By entering into these covenants and limited manhole access easement as an alternative to the Owner granting additional public utility easement to the City, the City and the Owner intend to enable the City to fulfill its responsibility to maintain the Sewer Line while assuring the ability of the Owner to fully utilize Owner's Lot without risk of expense or damage to property in the event the City must access the Sewer Line. The City and the Owner mutually covenant and agree as follows: 1. Access. The Owner covenants to allow the City and its employees or contractors (along with any necessary equipment) access to Owner's Lot only when proper maintenance or repair of the Sewer Line presents no reasonable alternative than to physically access the line from the surface of the Owner's Lot. This grant of access shall not limit Owner's ability to otherwise lawfully construct accessory buildings, fencing, or landscaping over the Sewer Line. 2. Restoration. If the City accesses Owner's Lot pursuant to paragraph 1, the City covenants that it shall cause to be promptly and fully restored, at the City's expense, any lawfully constructed accessory buildings, fencing, landsaing or turf OCIFSEEPAN disturbed in the course of completing the necessary work. RESISTER OF DEEDS C SALINE cOLVIN KANSAS Book : 1104 Page : 81 Receipt t!: 25187 Total Fees: $28.80 Pages Recorded: 4 Date Recorded: 5/10/2085 4:19:44 PN Book : 1104 Page : 82 3. Maintenance. The City covenants that it shall inspect the Sewer Line via its closed circuit television technology no less than annually. The City further covenants that it shall utilize, to the fullest extent reasonably possible, those present and future technologies which allow for diagnosis, cleaning, and repair of the Sewer Line without accessing the Sewer Line from the surface of Owner's Lot. 4. Grevstone Drive Residences. The City covenants that the residences to be constructed on the west side of Greystone Drive shall not be permitted to connect to the Sewer Line and will instead be served by a public sanitary sewer line to be installed in the Greystone Drive public right-of-way. 5. Manhole Access Easement. Owner grants to the City a Manhole Access Easement over that portion of Owner's Lot legally described and depicted on the attached Exhibit A for the purpose of accessing and maintaining the Manhole. 6. Binding Covenants Running with the Land. These covenants and easement shall be recorded in the Office of the Saline County Register of Deeds; shall run with the Owner's Lot; and shall be binding upon the City, the Owner, and all future owners of Owner's Lot for so long as the Sewer Line remains in service. Executed the day and year first above written. OWNER ARA_G. Michael Santil i Resecca D. Santilli CITY OF SALINA, KANSAS By: i/ Deborah Divine, Mayor ATTEST: yiabfrim_ Lieu Ann Elsey, City Cl k STATE OF KANSAS, COUNTY OF SALINE, ss: hh This instrument was subscribed, sworn to, and acknowledged before me on this ■ day of May, 2005,by G. Michael Santilli and R ca D. Santilli, band and wife. -y(717 LIEU ANN ELSEY Notary Public Notary Public-State offyKansas 7 My Appt Expires L1—t1_^1 Book : 1104 Page : 83 STATE OF KANSAS, SALINE COUNTY, ss: "� This instrument was subscribed, sworn to, and acknowledged before me on this a_41-ay of May, 2005, by Deborah Divine as Mayor and Lieu Ann Elsey as City Clerk of the City of Salina. Kansas. KAREN LEE • Notary Pttac_SUt,o or Kansas Not ry Public lay Amt.Exams S-/i a 6 t 3 . , , Book : 1104 Page : 84 P-OPOSIED UTILITY EASEMENT KATHERINE . DRIVE 1j 589'04128V 120.15' ® ffU/E 10 OO Lot 7 1.-.-:too ° o °Block 4 •:: •°o^ 1w w 51 .... 1 lDi h® : N89 04'29 E 8 10 120.18' II LEGAL DESCRIPTION: The North Five (5) Feet of the South Thirteen and Ten Hundredths (13. 10) Feet, and the West Five (5) Feet of the East Fifteen (15) Feet of Lot 7, Block 4, Woodland Hills Estates Addition to the City of Salina, Saline County, Kansas. Contains Twenty Five (25) Square Feet More or Less. SCALE: 1" = 30' S ri CITY 0 SALINA BY: DATE: PROD.NO: Dept. of Public Works MTK / KWD MARCH 2005 Engineering Division PROJECT SHEET OF &� 300 WEST ASH SALINA, KANSAS 67401 1 1 a� a PH: 785.309.5725 FAX: 785.309.5713 Cindy Ciscy C\e