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97-9845 Vac Belmont Plaza(Published in The Salina Journal December Ia , 1997) ORDINANCE NUMBER 97-9845 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PUBLIC DRAINAGE EASEMENT LOCATED ON LOT ONE (1) , BLOCK ONE (1) , REPLAT OF LOT THREE (3) , BLOCK THREE (3) , BELMONT PLAZA ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. (Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That on December 8, 1997, the governing body conducted a public hearing on the petition of Salina Building Systems, Inc., Dickinson, Inc., and Belmont Hotels, L.L.C. ( "Petitioners") requesting vacation of a portion of the drainage easement located on Lot One (1) , Block One (1) , replat of Lot three (3) , Block Three (3) , Belmont Plaza Addition to the City of Salina, Saline County, Kansas, more particularly described as follows: A tract of land located in Lot One -revised, Block One (1) , Replat of Lot Three (3) , Block Three (3) , Belmont Plaza Addition to the City of Salina, Saline County, Kansas. Commencing at a point on the East right-of-way line of Interstate Highway 135, said point also being the Southwest corner of said Lot One -revised; - Thence North Zero degrees Fourteen minutes Fifty-five seconds West (N.00°14'55"W.) of said Lot One -revised a distance of Two Hundred Sixty and Four Hundredths (260.04) feet; - Thence South Eighty-nine degrees Forty-seven minutes Seventeen seconds East (S.89047117"E.) a distance of Forty-two (42) feet to the point of beginning of the easement vacation to be described; - Thence North Zero degrees Fourteen minutes Fifty-five seconds West (N.00014'55"W.) a distance of Sixty-nine and Sixty-four Hundredths (69.64) feet; - Thence South Eighty-nine degrees Forty-six minutes Thirty-two seconds East (S.89046'32"E.) a distance of Sixty-eight and One Hundredth (68.01) feet; - Thence South Zero degrees Fourteen minutes Fifty-five seconds East (S.00°14'55"E.) a distance of Sixty-nine and Sixty-two Hundredths (69.62) feet; - Thence North Eighty-nine degrees Forty-seven minutes Seventeen seconds West (N.89°47'17"W.) a distance of Sixty-eight and One Hundredth (68.01) feet to the Point of Beginning. The above described Drainage Easement to be vacated contains Four thousand Seven Hundred and Thirty-five (4,735) square feet, more or less. Section 2. That the governing body finds from the evidence presented at the public hearing that: (a) Due and legal notice has been given by publication as required by law. (b) No private rights will be injured or endangered by vacation of the Drainage Easement. (c) In justice to the Petitioner vacation of the Drainage Easement should be granted. Section 3. That the Drainage Easement is hereby vacated and shall revert to the owners of Lot 1, Block 1, Replat of Lot Three (3), Block Three (3), Belmont Plaza Addition to the City of Salina, Saline County, Kansas. CmmIiNlM '. Section 4. That the petitioners shall provide for the design, construction, and dedication of additional drainage easement for a new stormwater detention basin at the southwest corner of Lot One (1) , Block One (1) , Replat of Lot Three (3) , Block Three (3) , Belmont Plaza Addition to the City of Salina, Saline County, Kansas. In addition, the petitioners shall sign and record the "Declaration of Covenants," attached hereto as Exhibit "A". If this condition is not met within Twelve (12) months of approval of this ordinance, the vacation shall be rescinded and the drainage easement and stormwater detention basin shall remain in place. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: D. L n CMC Ci Cl rk g, e Introduced: December 8, 1997 Passed: December 8, 1997 istin M. Seon,Mayor "EXHIBIT A" 'CORK9 iWakt,4 = Belmont Hotels, L.L.C. a Kansas limited liability company, the fee owner of the following described real estate (the "Belmont Lot") located in the City of Salina, County of Saline, State of Kansas, the same being the real property duly platted as Lot 1 - Revised, Replat of Lot 3, Block 3, Belmont Plaza Addition, a subdivision in the City of Salina, as such plat is now recorded in Plat Book A-10, at Page 28, of the records in the office of the Register of Deeds of Saline County, Kansas, hereby makes the following declarations as to the limitations, restrictions and covenants concerning the Belmont Lot and hereby specifies that such declarations shall constitute covenants to run with the land as provided by law and shall be binding on Belmont Hotels, L.L.C. and all persons claiming under them and for the benefit of and the limitations of all future owners_ of the Belmont Lot (the 'Lot Owner") and the City of Salina, Kansas (the "City"): (1) The Lot Owner shall be responsible for, and agrees to construct and maintain and to keep in a good state of repair to the satisfaction of the City, the easement for storm water drainage, the legal description of which is attached hereto as Exhibit A and incorporated herein by reference (the "Drainage Easement") , required by the City and located within the Belmont Lot, but used for the benefit of all platted lots within the Belmont Plaza Addition. (2) The Lot Owner agrees that, in the event of its failure to comply with the covenants contained in the foregoing Paragraph (1), that the City, either on its own behalf or at the request of any other owner (a) of the lots) within the Belmont Plaza Addition, may perform the construction, maintenance and/or repair of the Drainage Easement. (3) Any costs incurred by the City in the construction, maintenance or repair of the Drainage Basement located within the Belmont Lot, and used for the benefit of the Belmont Plaza Addition, shall be assessed and charged against the Belmont Lot. The City Clerk shall, at the time of certifying the City tastes to the County Clerk, certify the aforesaid coots and the County Clerk shall extend the same of the tax roles of the County against said Belmont Lot and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. The City may, in lieu of levying the maintenance coats against the Lot Owner of the Belmont Lot as above provided, maintain an action against the Lot Owner to collect the costs of said construction, maintenance or repair 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 the governing body of the City of Salina, Saline County, Kansas. IN WITNESS WHERSOF, Belmont Hotels, L.L.C., has caused this Declaration of Covenants to be executed this day of December, 1997. BELMONT HOTELS, L.L.C., a Kansas limited liability company By: Title: Prints Name: STATS OF ) COUNTY OF On this day of December in the year 1997 before me, , a Notary Public in and for said state, personally appeared , of Belmont Motels, L.L.C., at Kansas limited liMlity company known to me to be the person who executed the within Declaration of Covenants in behalf of said corporation and acknowledged to me that he executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in If , the day and year last above written. My Commission Expires: RCNUN 19U. KCI/dM Notary Public 2