Lot 1 (Drainage)
..'
.,
_~'"'.., REBECCA SEEMAN
/.!.!.....~.e.e~':fEGISTER OF OEEDS SALINE COUNTY KANSAS
(J!'~':;':~'f:'! Book: 1175 Page: "115
..\,.Q[tll~../..i Receipt -: -19'172 N / Recording Fee: .28.00
\\ 4"'~"~'ii";~/ Page. Recorded: Be. if /J. - ..r<B"",-^-- \
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Date Recorded: 6/18/2008 "1:2"1:"17 PM
GRANT OF PERMANENT DRAINAGE EASEMENT
THIS INDENTURE, made this ~-\b day of :~a"':c.h" 2008, by and between
GATEWAY ADAMS, INC., a California 501(c)(25) corporation with an address of c/o
Emmes Asset Management Co, LLC, 420 Lexington Avenue, Suite 900, New York, NY
10170, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation,
(the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, does
hereby convey unto the City that certain portion of land owned by the Grantor as legally
described on the attached and incorporated Exhibit A and depicted on the attached and
incorporated Exhibit B as a public drainage easement, in perpetuity, (the "Drainage
Easement") for the purposes of locating, constructing, excavating, and maintaining:
Stormwater detention facilities, inclUding swales, ditches, pipelines, inlets and
pumps for the purpose of collecting, detaining and transmitting surface storm
water.
Grantor acknowledges that this Grant of Permanent Drainage Easement shall
neither alter nor affect the Grantor's obligation to maintain the described real
estate.
Grantor hereby covenants that they are the lawful
estate and have the right, power, and autho to
hereby.
ners of the described real
onvey the rights granted
By: Bmme8 AB8et
B8: AutbOrIIed Agent
By:
IN WITNESS WHEREOF, the Grantor has hereu to a ed this instrument to be
executed the day and year first above written.
Gateway Adams, Inc.
O&l'y M. TIBohIer. Au
2276766vl
Book: 1175 Page: 41t
STATEOFk~,
7tudr 1/ COUNTY. ss:
BE IT REMEMBERED. that on this 1"~ay of;~2008. before me, the
undersigned, a notary public in and for the county and state aforesaid, came Glary '" '
-r;-:,cr,\e.... Mhori:ied S":Joo-\or'J of Gateway Adams, Inc., who is personally
known to me to be the same person who executed the above and foregoing instrument
of writing and duly acknowledged the execution of the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written,
~/~
Notary Pub'
Commission Expires:
d~(v/
GRACE AlVAHZ
NoIory Public . Ita.. of New YOlk
NO.OIAl6172263
Quol",ed In NollClu
My Commission bplr.. ~
2276766vl
Book: 1175 Page: 417
CITY OF SALINA, KANSAS
ACCEPTED BY:
John K.
ATTEST:
STATE OF KANSAS, COUNTY SALINE, SS:
On this 12~ day of May 20ga, before me a Notary Public in and for
said state, personally appeared Johrl'tvanier II, Mayor, and Lieu Ann Elsey, City Clerk,
for the City of Salina, Kansas, known to me to be the persons who
executed the agreement on behalf of the City of Salina, and acknowledged to me
that they executed the same for the purposes therein stated.
~Llli
Nota Public ~
~. SHANDI L. WICKS
~ Notary Public - Stale of Kansas
My Appl. Expires
Book: 1175 Page: 418
EXHIBIT A
LEGAL DESCRIPTION
for
Drainage Easement
A tract of land located in the Northeast Quarter (NE Y4) of Section Thirty-five (35),
Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in
Saline County, Kansas, being more particularly described as follows:
Beginning at the Southwest corner of lot 1, Midstate Plaza Addition. Said point also
being the Northwest corner of lambertz Addition. Said point also being on the East line
of Interstate Highway 1-135.
THENCE along a curve to the leff having a radius of 5879.58 feet and an arc distance of
155.89 feet, chord of said curve being North 09' 21' 29" West a distance of 155.88 feet
along the West line of said Midstate Plaza Addition and along the East line of said
Interstate Highway 1-135;
THENCE North 79' 57'17" East a distance of 24.95 feet along the West line of said
Midstate Plaza Addition and along the East line of said Interstate Highway 1-135;
THENCE North 10'54'21" West a distance of 231.86 feet along the West line of said
Midstate Plaza Addition and along the East line of said Interstate Highway 1-135;
THENCE North 00'10'26" East a distance of 875.56 feet along the West line of said
Midstale Plaza Addition and along the East line of said Interstate Highway 1-135;
THENCE North 42'25'49" East a distance of 118.93 feet along the West line of said
Midstate Plaza Addition and along the East line of said Interstate Highway 1-135;
THENCE North 85'02'43" East a distance of 75.37 feet along the North line of said
Midstate Plaza Additi.on and along the South line of Magnolia Road;
THENCE North 89'38'50" East a distance of 440.00 feet along the North line of said
Midstate Plaza Addition and along the South line of Magnolia Road;
,
THENCE South 00'21 '1 0" East, perpendicular to the north line of said Midstate Plaza
Addition, a distance of 30.00 feet;
THENCE South 89'38'50" West, parallel to the north line of said Midstate Plaza
Addition, a distance of 469.17 feet;
2276766vl
Book: 1175 Page: 419
THENCE South 42'25'49" West, parallel to the north line of said Midstate Plaza
Addition, a distance of 127.95 feet;
THENCE South 00'10'26" West, parallel to the north line of said Midstate Plaza
Addition, a distance of 790.00 feet;
THENCE South 10'54'21" East a distance of 449.16 feet to a point on the south line of
said Midstate Plaza Addition and the north line of said Lambertz Addition;
THENCE South 90'00'00" West, along the south line of said Midstate Plaza Addition
and the north line of said Lambertz Addition, a distance of 81.21 feet to the POINT OF
BEGINNING.
2276766vl
Book: 1175 Page: 420
EXHIBIT '8' - DRAINAGE EASEMENT LOCATION MAP ~
~AGNOLIA ROAD ~
-- u --- ~ .~ -- ~~Z~'43"~,,--~;0;"~~':"~\~~:~~:;,_ ",,:,.,:--30.00' SO'O;21'10"E -- _u_ -- ~ .. COllN:~/.
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,-..:.~ ~ft,1.;T':'-.4691r' SB9GJ8'50~ .-'-'-' 1 fD.1/1." REBAA '11/
~'I;:'~h . fUSllC CAP fROM
~<,-,~:},t"~ ~~ FX1STlNG 20' WIDE LOT 2 I CX1lNNRErnmams
Proposed Storm":':; '~{>" UTIlITY 1~~Sf~IE~~ 'I
Water Drain
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PROPOSED
DRAlNAGE EASf~rNT
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AL~155.89'
R~5879.58'
CHD=155.88'
CHD B~N9'21'29'W
P.O.B.
R 3 W
~AGNa.1A ROAD
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35
SCHILLING ROAD
LOCATION MAP
NOT TO SCALE
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el'n ;>61.0- U~lj
XISlING 20' WIDE
UTILITY EASE~ENT
(PER PLAn
1'"",'""',-!1 = PROPOSED DRAlNAGE EASEMENT
LOT J
LOT 4
MIDSTA TE PLAZA
ADDlTlON
LOT 1
LOT 5
LOT 0
CAPITa.
fEDERAL
TRACT
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FD. T"SHAPEDBAR
FROWCOIMlYRfFEREN;(lIES
LAMBERTZ ADDlTWN