Lot 2, Block 1
TO REPLACE MISC BOOK 174-615
IIIisc. Bk JJ..!:L Pi to'l-$
COVENANT GRANTING ACCESS TO THE CITY OF SALINA
UTILITIES DEPARTMENT
THIS COVENANT, is made this~ay of December, 2000 by and between FOUNTAIN
PLAZA, INC., a Kansas Corporation with principal offices at Salina, Saline Co. Kansas (the
"Owners"), and'the CITY OF SALINA UTILITY DEPARTMENT, (the "City")
Recitals
A. Owners own a commercial building (the "Building") located on a tract legally described as:
Lot 2, Block 1, Waters Subdivision, City of Salina, Saline County, Kansas.
B. As a condition of providing water service to the Building, the City has required that Owners
guarantee access to the water meters located inside the building during normal business
hours.
THEREFORE, Owners covenant that:
1. Grant of Access. Owners grant the City, its 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.
2. 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.
3. Bindina 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.
STATE OF ICANS-4!; } ~ \ \ -\-- FIt.ED FOR RECORD
COUtHY OF SAUNi /\J + :N MY OffICE AT
3 ~O'CI.OCX DEC - 7 2000 ANDC.I:lY
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STATE OF KANSAS, COUNTY OF SALINE, ss:
On this ú~ day of December, 2000, before me a Notary Public in and for said state, personally
appeared James J. Copas, President of Fountain Plaza, Inc., known to me to be such officer who
executed the within Covenant Granting Access to the City of Salina and acknowledged to me that
he executed the same for the purpose therein stated on behalf of said corporation.
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STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 7-tft.. day of December, 2000, before me a Notary public in and for said state, personally
appeared Donald E. Hoff, 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 me for the pur oses therein stated.
~ KARE 1 LEE
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