Road Maintenance
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INGRESS-EGRESS AND ROAD MAINTENANCE AGREEMENT
THIS INGRESS-EGRES AND ROAD MAINTENANCE AGREEMENT is made this
.;::2( .?7*' day of , 2004, by and between the City of Salina, Kansas, a municipal
corporation hereinafter referre to as "T City", and Peonypatch.com, LLC, a Kansas Limited Company,
hereinafter referred to as "Peonypatch".
WHEREAS, Peonypatch is the fee title holder of record of the real estate described real estate on the
attached Exhibit A and depicted on the attached Exhibit B; and
WHEREAS, Peonypatch is desirons of maintaining their access to the agricultnralland located between the
City's flood control levee and the old Dry Creek channel; and
WHEREAS, the City is agreeable to guaranteeing access to the above described tract from Beverly Drive,
NOW, THEREFORE, the parties hereto agree as follows:
1. For valuable consideration the receipt of which is hereby acknowledged, specifically including the
compliance by the parties hereto with the requirements of the Army Corps of Engineers relating to the
use of the flood control levee, the City hereby agrees to provide an unrestricted, access route from
Beverly Drive over and across the City's flood control right-of-way east of the flood control levee
north to the above described tract ("Peonypatch Tract").
2. The aforesaid access grant is appurtenant to and shall run with the above described tract and shall be
binding upon and inure to the benefit of the parties to this Agreement, their respective heirs, successors
or assigns so long as the property is used for agricultural purposes.
3. The parties hereto agree to use the rights granted by this instrument with due regard to the rights of
others and their use of the area encumbered by this agreement and shall not use the access route in
anyway that will impair the rights of others to use it and shall not obstruct passage thereon.
4. The parties further agree as part of the consideration of this easement grant to so maintain and operate
the access route granted by this instrument in such a manner that the operation thereof will in no way
hinder or impede the proper and reasonable function of the City's flood controllevell and right-of-way
through which easement is granted.
5. In order to maintain adequate access for agricultural purposes, the parties hereto agree and understand
that Peonypatch shall maintain the access route herein created as it has previously done. Peonypatch
shall be responsible for the cost of any materials and labor used in repair and maintenance performed
by Peonypatch. Peonypatch shall not be responsible for the cost of materials and labor performed by
the city.
6. This ingress-egress easement grant shall remain in full force and effect until such date as an alternative
means of access is provided by the City or the above described tract is no longer used for agricultural
purposes.
7. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Kansas.
REBECCR SEEMAN (/ t I
REGISTER OF DEEDS J"
SALINE COUNTY KANSAS
aaak: 1146 Page: 1172
Reoeipt i: 39802 Total Fees: $20.00
Pages Reoorded: 4
Date Reoorded: 3/6/2007 3:22:20 PM
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Book: 1146 Page: 1173
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Salina, Kansas, on
the date indicated in their respective acknowledgements.
"RETTELE"
"CITY"
CITY OF SALINA
J1~~
~WYEdikuu
lani- e K. Baldwin, Member
By:
Attest:~~
STATE OF KANSAS
5S:
COUNTY OF SALINE
The foregoing Ingress-Egress and Road Maintenance Agreement was acknowledged before me on
this 3v-cl dayof A.I~""'T ,2004, by David A. RetteleandJaniceK.
Baldwin, members of Peonypatch.com, C.
inJy\onQLU-W
Notary Public
My Appointment Will Expire:
~ BARBARA POWELL
, Notary Public _ State of KunSCl3
,;;,.:, - My Appt. Explres q-J. i..(Jtf
STATE OF KANSAS
55:
COUNTY OF SALINE
The ~~oing Ingress-Egress and .J>ad Maintenance Agreement was acknowledged before me on
this ~ day of ~ L y- ,2004, by Monte Shadwick, Mayor and Lieu
Ann Elsey, City Clerk, of the City of Salina, a municipal corporation, as the act and deed of said
corporation.
A. PENNY DAY
~ Notary Public - S 18 of Kansas
.; My Appt. Expires
~~-
My Appointment Will Expire:
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Book: 1146 Page: 1174
EXHIBIT A
The property that is the subject of this Ingress - Egress Agreement (commonly known as
the Peonypatch tract) is legally described as:
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All that part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter
of the Southwest Quarter of Section Fourteen 14), Township Fourteen (14) South, Range
Three 3) West of the 6th P.M., described as follows:
Commencing at a point 165 feet North of the Northwest corner of the Southwest Quarter
of Section 14; thence running South along the West line of said section to the Southwest
corner of the North Half of the Southwest Quarter of said Section 14; thence East along
the South line of said North Half of the Southwest Quarter of said Section 14 100 feet;
thence North parallel with West line of said quarter section 638 feet to the center of the
channel of Dry Creek; thence following the center of the channel of said South 68'/.
degrees East 203 feet; thence South 28 degrees East 259 feet; thence South 74'/.
degrees East 65 feet; thence North 29 degrees east 279 feet; thence North 2 degrees
West 125 feet; thence-North 84 degrees West 60 feet; thence North 2 3/4 degrees East
160 feet; thence North 59% degrees East 209 feet; thence North 18% degrees West 210
feet; thence North 5'/. degrees West 160 feet; thence North 2 degrees East 180 feet to
point 165 feet due North from North line of said Southwest Quarter of Section 14; thence
West parallel with North line of said Southwest Quarter 735 feet to the place of beginning,
containing 14.77 acres more or less except the following described tract, commencing at
the Southwest corner of North Half of Southwest Quarter of said Section 14, running
thence North on West line of said Section 14, to the center of channel built by the State
Highway Commission; thence East down said channel 100 feet; thence south to the South
line of said North Half of the Southwest Quarter, thence West 100 feet to the place of
beginning.
.lAlso the following described real estate, to wit: That portion of the Southwest Quarter of
Section 14, Township 14 South, Range 3 West of the 6th P.M. commencing 100 feet East
of the West line of the North Half of Southwest Quarter of Section 14, Township 14 South,
Range 3 West of the 6th P.M, in the center of the new Dry Creek channel, running thence
North parallel with west line of said Section 14, to the center of the Old Dry Creek channel,
thence Southeasterly down the center of the said Old Dry Creek channel to the center of
the new Dry Creek channel, thence up the new channel in a westerly direction to the place
of beginning of said tract of land being and lying north of the new Dry Creek channel and
South and West of the Old Dry Creek channel, all in Saline County, Kansas, and the tract
bounded by the new channel of Dry Creek on the south, by the old channel of Dry Creek
on the east and north and by the west line of Section 14 on the west and all real estate
owned by L.J. Briscoe et al in this area less any land taken by lawful condemnation by the
City of Salina Case No. 22018 for flood control and less any real estate lying south of the
new channel of Dry Creek.
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EXHIBIT B
THE PEONY PATCH
17 40 BEVERLY DRIVE
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INGRESS-EGRESS ROAD
ACROSS CITY FLOOD
CONTROL RIGHT-OF-WAY
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