Sanitary Sewer Easement & Drainage Facility Maintenance Covenants
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Grantor
Grantee
Type of Document
RecordinQ Fees
Mtg Reg Tax
Total Amount
Return Address
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..."j'~"~.... . REBECCA SEEMAN
~~.~.....!.e~,~';{lEGISTER OF DEEDS SALINE COUNTY KANSAS
(~,,,~"er~~\~':l', Book: 1193 Page: 95
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. .;.....0 uO'..i:i.Receipt -: 55755 C' (\) + T+ Recording F..: t60.00
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Dat e Recorded: 5/11/2009 10:01:51 AM
AQreement
$60.00
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CITY CLERK
Bookl 1193 Pagel 96
AGREEMENTFORGRANTOFA
PUBLIC SANITARY SEWER EASEMENT
AND DRAINAGE FACILITY MAINTENANCE COVENANTS
This Agreement for Grant of a Public Sani~ Sewer Easement and Drainage
Facility Maintenance Covenants is entered into this ~day of May, 2009, among the
following parties:
MARIPOSA HOMEOWNERS ASSOCIATION, a Kansas not-for-profit
corporation (the "Association")
CORNERSTONE DEVELOPMENT GROUP, LLC, a Kansas limited liability
company ("Cornerstone")
CITY OF SALINA, KANSAS, a Kansas municipal corporation ("City")
Recitals
A. The Association is the Kansas not-for-profit corporation under which the
homeowners are organized and hold title to common areas within Blocks One (1) through
Four (4) of the platted residential subdivision known as:
Mariposa Addition [Blocks One (1) through Six (6)] to the City of Salina,
Saline County, Kansas ("Mariposa Addition").
In 2004, Block Six (6) of Mariposa Addition was replatted and is no longer a part
of Mariposa Addition.
B. The parties acknowledge that this instrument is to be executed,
acknowledged, and recorded in the office of the Register. of Deeds of Saline County,
Kansas, with a request that it be indexed to the following lots and blocks within Mariposa
Addition:
./
Lots One (1) through Eleven (11) inclusive, Block One (1) /
Lots One (1) through Eleven (11) inclusive, Block Two (2) /
Lots One (1) through Fourteen (14) inclusive, Block Three (3)
Lots One (1) through Twelve (12) inclusive, Block Four (4)';"/
All Common Areas, Blocks One (1) through Four (4)
Lot One (1), Block Five (5) V
C. Cornerstone is the owner and developer of a proposed residential
subdivision to be known as:
Grand Prairie Addition to the City of Salina, Saline County, Kansas
("Grand Prairie").
1;:-,.
Book: 1193 Page~ 97
D. The City owns and operates a public golf course on real estate adjoining
both Grand Prairie and the Mariposa (the "Municipal Golf Course").
E. The Association holds title pursuant to a Trustee's Warranty Deed dated
March 12, 1990, and recorded March 13, 1990, in Deed Book 355, pages 678 through
679, of the records of the Register of Deeds of Saline County, Kansas, to:
The areas shown as "Mariposa Park Common Area" and "Pathway
Commons" in Blocks 1 through 4 of Mariposa, an Addition to the City of
Salina as shown on the March 1989 Fin31 Plat thereof filed of record with
the office of the Register of Deeds and there recorded in Plat Book A-8 at
page 25 in Saline County, Kansas.
F. The Association granted an Easement as to Mariposa Park Common Area
for Primary Storm Water Runoff Detention dated March 1, 1990, and recorded May 23,
1990, in Misc. Book 147, pages 497 through 498, of the records of the Register of Deeds
of Saline County, Kansas, on and over the following real estate:
Mariposa Park Common Area, a portion of Block 1 of Mariposa (Blocks 1
through 6), a subdivision of the City of Salina, located in Saline County,
Kansas (the "Mariposa Detention Pond"),
to construct, maintain, and operate a primary storm water runoff detention structure,
including, but not limited to, an earthen dam, an inlet orifice structure with trash racks, an
elliptical corrugated metal pipe, an outlet channel and spillway, and concrete erosion
control structure (the "Drainage Facilities").
G. The Association executed Restrictive Covenants (To Maintain Storm
Water Detention Structure) dated March 1, 1990, and recorded May 23, 1990, in Misc.
Book 147, pages 501 through )502, of the records of the Register of Deeds of Saline
County, Kansas, (the "1990 Maintenance Covenants") under which:
Lot owners, along with Mariposa Homeowners Association, shall be
responsible for and agree to maintain and to keep in a good state of repair
to the satisfaction of the City the drainage facilities required by the City
which are located within the subdivision and used for the benefit of the
lots within the subdivision.
H. Cornerstone's design engineers propose to provide sanitary sewer service
to the proposed Grand Prairie Addition by constructing an eight inch sanitary sewer line
across the Municipal Golf Course and connecting to an existing public sanitary sewer line
located on Lot 12, Block 1 of the Mariposa Addition (the "Sanitary Sewer Line").
I. The Association, Cornerstone, and the City have determined the preferred
location of the Sanitary Sewer Line as it traverses Mariposa Addition property to connect
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Book: 1193 Page: 98
with the existing sanitary sewer line to be within a proposed sanitary sewer easement that
would pass through the Mariposa Park Common Area (the "Sanitary Sewer Easement").
J. The parties (without altering, amending, or affecting the enforceability of
the 1990 Maintenance Covenants), desire to address (a) the agreement by the Association
to grant a Public Sanitary Sewer Easement to the City; (b) the compensation to be paid by
Cornerstone to the Association for the Sanitary Sewer Easement; (c) responsibility for
ongoing maintenance and inspection of the Drainage Facilities; and (d) responsibility for
repairs or replacement of the Drainage Facilities.
NOW, THEREFORE, in consideration of the mutual covenants, undertakings
and understandings set forth herein:
1. Sanitarv Sewer Easement. The Association agrees to grant and convey
to the City a thirty foot (30') sanitary sewer easement legally described and in the form
attached as Exhibit A, pages 1-4 (the "Easement") upon receipt of the compensation from
Cornerstone referred to below. The City agrees that the City and its contractors will
access the Easement for installation, repair, or replacement of the Sanitary Sewer Line
via the Municipal Golf Course. The City further agrees to be responsible for filling any
settling in the Easement resulting from excavations necessary in the installation, repair, or
replacement of the Sanitary Sewer Line.
2. Inspection of Mariposa Detention Pond and Drainae:e Facilities. The
City shall be responsible for inspection of the Mariposa Detention Pond and Drainage
Facilities at intervals determined by the city engineer. The Association grants reasonable
access to the City and its authorized agents and employees for that purpose.
3. One:oine: Ree:ular Maintenance of Mariposa Detention Pond and
Drainae:e Facilities.
(a) Association Responsibility. The Association shall continue to be
responsible for ongoing regular maintenance of the Mariposa Detention Pond and
Drainage Facilities, to the satisfaction of the City and at the Association's
expense, including, without limitation, regularly scheduled mowing, weed-eating,
spraying for weeds, grubbing, and flume cleaning. The City agrees to correct at
this time an area of erosion that has developed at the head of the small flume
directing run-off from the Municipal Golf Course.
(b) Identification and Correction of Maintenance Deficiency. If a City
inspection results in the identification of any deficiency in the Association's
maintenance of the Mariposa Detention Pond and Drainage Facilities, the City
shall provide written notice of the deficiency to the Association. If the deficiency
remains unabated by the Association within thirty (30) days of the date of the
written notice, the City may proceed to cause the necessary work to be performed
and pursue recovery of the cost of the work against the Association and/or lot
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Book: 1193 Page: 99
owners in Blocks One (1) through Five (5), Mariposa Addition, pursuant to the
1990 Maintenance Covenants.
4. Repair or Replacement of Drainae:e Facilities.
(a) Pro~ortionate Share of Post-development Runoff. For purposes of
this Agreement, the parties acknowledge that their proportionate shares of volume
of post-development runoff from the watershed draining into the Mariposa
Detention Pond have been calculated to be:
City-at-Iarge (golf course, Eastridge, Haworth tract, Cedar Ridge)
Association [Mariposa (Blocks 1-5)]
Cornerstone [Grand Prairie]
TOTAL
53.6%
18.8%
27.6%
100.0%
The City's acknowledgement of the City-at-Iarge share under this paragraph will
not preclude the City from pursuing cost recovery of a proportionate share of the
City-at-large share of any expense incurred under these covenants from the
owners of an unplatted tract, a homeowners association, or lot owners, in the case
of privately-owned tracts within the City-at-Iarge property.
(b) Association's ResDonsibilitv for Cornerstone Proportionate Share.
In partial consideration of the compensation from Cornerstone to the Association
referred to below, the Association shall be responsible for both its proportionate
share (18.8%) and Cornerstone's proportionate share (27.6%) of the cost of
repairs or replacement of the Drainage Facilities determined to be necessary by
the City, resulting in a combined share (46.4%) referred to as the "Mariposa-
Grand Prairie Combined Share." The City shall be responsible for the City-at-
large proportionate share (53.6%), referred to as "City-at-Iarge Share," of the cost
of repairs or replacement of the Drainage Facilities. The sum of the Mariposa-
Grand Prairie Combined Share (46.4%) and the City-at-large Share (53.6%)
equals 100% of the cost or repairs or replacement of the Drainage Facilities.
(c) Identification of Need for Repair or Replacement. If either a City
inspection or notification from any other person results in the identification of a
need for repair or replacement of the Drainage Facilities, the City shall provide
the Association with a written notice of the needed repair or replacement. The
City shall then cause the repair or replacement to be made and shall provide the
Association with written notice of the total cost incurred in completing the repair
or replacement and an invoice for the Mariposa-Grand Prairie Combined Share
due and payable within 30 days of the invoice.
(d) Recovery of Proportionate Share Allocable to Lot Five (5),
Mariposa Addition. The parties acknowledge that the Mariposa Share includes
the proportionate share of volume of post-development runoff draining into the
Mariposa Detention Pond from Block Five (5), Mariposa Addition, which has
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Book~ 1193 Page~ 100
been calculated to be 8.7% of the post-development runoff from the watershed
draining into the Mariposa detention Pond (the "Block Five (5) Share"). In the
event of a repair or replacement and presentation of an invoice from the City to
the Association pursuant to subparagraph (c) above, the Association agrees to
make a reasonable, good-faith effort to recover the Block Five (5) Share from the
owners of Block Five (5) to be included in its remittance to the City. / If the
Association's reasonable, good-faith efforts to recover the Block Five (5) Share
are unsuccessful, the Association shall be deemed to have satisfied its obligation
to the City by remitting the Mariposa-Grand Prairie Combined Share, less the
Block Five (5) Share, within 30 days of the City's invoice. In that event, the City
may pursue recovery of the Block Five (5) Share against the owners of Block Five
(5), Mariposa Addition, pursuant to the 1990 Maintenance Covenants.
(e) Failure to Pay Mariposa-Grand Prairie Combined Share. If the
Association defaults in its payment of the Mariposa-Grand Prairie Combined
Share [or as adjusted under subparagraph (d) above] of the cost of any repair to or
replacement of the Drainage Facilities within 30 days after the City provides its
invoice, the City may pursue recovery of the Mariposa-Grand Prairie Combined
Share against the Association and/or lot owners in Blocks One (1) through Fiv:e
(5), Mariposa Addition, pursuant to the 1990 Maintenance Covenants.
5. Comoensation from Cornerstone to Association - Cornerstone's Future
Resoonsibilitv. In consideration for the commitments by the Association referred to in
paragraphs 1 and 4 above, Cornerstone agrees to pay to the Association the sum of Twenty
Thousand Dollars ($20,000) upon the Association's delivery of the signed Public Sanitary
Sewer Easement to the City.
6. Cornerstone's Future Resoonsibilitv. Cornerstone has caused the Grand
Prairie Addition storm water runoff system to be designed in conformity with the City's
storm water runoff detention requirements, including the anticipated construction of
storm water detention ponds upstream from the Mariposa Pond. (the "Grand Prairie
Detention Ponds"). The Grand Prairie Detention Ponds are to be constructed from City-
approved design plans and under City contract pursuant to the Kansas general
improvement and assessment law. The City and Cornerstone anticipate that the City will
assume ownership and perpetual maintenance responsibility for the Grand Prairie
Detention Ponds under future agreement pursuant to the City's policy for public
acceptance of maintenance responsibility for storm water detention ponds (Resolution
No. 93-4584). Cornerstone's payment to the Association of the compensation specified
in paragraph 5 above will satisfy Cornerstone's future responsibility for repair or
replacement of the Drainage Facilities, unless:
(a) Cornerstone instead retains ownership and responsibility for maintenance
of the Grand Prairie Detention Ponds, in which case Cornerstone shall be
responsible for any damage to the Drainage Facilities resulting from the
intentional or negligent acts of Cornerstone or its present or future
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Book: 1193 Page: 101
officers, members, agents or employees in the course of fulfilling its
responsibility for maintaining the Grand Prairie Detention Ponds; or
(b) Cornerstone instead retains ownership and responsibility for maintenance
of the Grand Prairie Detention Ponds and assigns ownership and
maintenance responsibility for the Grand Prairie Detention Ponds to a
homeowners association ("Grand Prairie Homeowners Association"), in
which case Grand Prairie Homeowners Association shall be responsible
for any damage to the Drainage Facilities resulting from the intentional or
negligent acts of Cornerstone or its present or future officers, members,
agents or employees in the course of fulfilling its responsibility for
maintaining the Grand Prairie Detention Ponds.
Further, payment by Cornerstone to the Association of the compensation specified in
paragraph 5 above shall not bar any party to the Agreement from pursuing a cause of
action against any private consulting engineers or private contractors responsible for the
design or construction of the. storm water drainage systems serving Mariposa or Grand
Prairie Additions.
7. 1990 Maintenance Covenants. This Agreement and the covenants
contained herein are not intended to alter, amend, or affect the enforceability of the 1990
Maintenance Covenants, but are intended to elaborate upon how the obligations set forth in
the 1990 Maintenance Covenants are to be fulfilled.
8. Notices. All notices and demands under this instrument shall be given in
writing, either by personal service or by registered or certified mail, postage prepaid, and
return receipt requested. Notice shall be considered given when received on the date
appearing on the return receipt, but if the receipt is not returned within five (5) days, then
forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below
for each party:
ASSOCIA nON: Mariposa Homeowners Association
C/O Board Chairman
Salina, KS 67401
CORNERSTONE: Cornerstone Development Group, LLC
P.O. Box 1481
Salina, KS 67402-1481
CITY: City Clerk
City of Salina, Kansas
P.O. Box 736
Salina, KS 67402-0736
9. Amendment. This instrument shall not be amended or modified in any
manner without the prior approval of the governing body of the City of Salina.
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Book: 1193 Page: 102
10. Severabilitv. Invalidation of any of these covenants by law, judgment or
Court order shall in no way affect the remaining provisions which shall remain in full
force and effect.
11. Covenants Runnine: with the Land - Bindine: Effect. The covenants
contained herein shall benefit the land and all of the covenants and obligations set forth
herein shall be binding upon the parties and their successors, shall be deemed to run with
the land, and shall be binding upon all current and future owners thereof.
12. No Assie:nment. Due to the unique circumstances of the parties, none of
the rights and responsibilities established by this instrument shall be assignable by any
party, either in whole or in part.
13. Kansas Law Aoolies. This instrument and its validity, construction and
performance shall be governed by the laws of Kansas. This instrument shall be interpreted
according to its fair meaning, and not in favor of or against any party.
IN WITNESS WHEREOF, the Grantors and the City, by their du1y authorized
officers or representatives have executed this Agreement for Grant of a Public Sanitary
Sewer Easement and Maintenance Covenants as of the date first above written.
MARIPOSA HOMEOWNERS
ASSOCIA nON
By:
ATTEST:
By:
CORNERSTONE DEVELOPMENT
GROUP, LLC
By:
jf~ f< ~
William Umphrey, Memb
By:
7
Book: 1193 Page~ 103
By:
~ c e.._.-J1
steve enich, Member
CITY OF SALINA, KANSAS
BY:~~
. Luci L son, Mayor
-
ATTEST:
~
Lieu Ann Elsey, CMC, C~
ACKNOWLEDGEMENTS
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on
"1 2009, by Paul Carpenter as President and Darald Hough as
of Mariposa Homeowners Association.
a . LIEU ANN ELSEY
~ Notary Public - State of Kapsas
My Appt. Expires - -
~~
STATE OF-KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on
MA V 4- . 2009, by William Umphrey, William Sheppard and Steve Renich
~one Development Group, LLC.
~
Notary Public ~
a . LIEU ANN ELSEY
~ Notary Public - State of Kansas
My Appt. IOxpires -
8
Book: 1193 Page: 104
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on
~ ~ ' 2009, by M. Luci Larson, as Mayor and Lieu Ann
Elsey, CM , as CIty Clerk of the CIty of Salma, Kansas.
SHAND! L. W\CKS
~ Notary Public, State Kansas
My APPt. Expires
~ /i)t;;:r
No Public
9
Exhibit A to Agreement
Page 1 of 4
Book: 1193 Page: 105
. GRANT OF PERMANENT SANITARY SEWER LINE EASEMENT
The Mariposa Homeowners Association, a Kansas not-for-profit corporation, (the
"Grantor"), being the owner of the hereinafter described real estate, does hereby
give, grant, dedicate, and convey unto the City of Salina, Kansas, a municipal
corporation, (the "Grantee")
A thirty foot (30') Permanent Sanitary Sewer Line Easement, in perpetuity,
on the real estate legally described on the attached and incorporated
Exhibit A and depicted on the attached and incorporated Exhibit B for the
purposes of locating, constructing, excavating, maintaining and replacing
a public sewer line, said real estate being a part of the Maripdsa Park
Common Area.
Grantor acknowledges that this Grant of Permanent Sewer Line Easement
shall neither alter nor affect/the Mariposa Homeowners Association's obligation
to maintain the Mariposa Park Common Area.
Grantor hereby covenants that it is the lawful owner of the described
premises and has the right, power, and authority to convey the rights granted
hereby.
IN WITNESS WHEREOF, the Grantor set their hand this _ day of May,
2009.
Mariposa Homeowners Association
By:
Paul Carpenter, President
Attest:
Darald Hough, Secretary
Exhibit A to Agreement
Page 2 of 4
Bookl 1193 Pagel 10t
STATE OF KANSAS, COUNTY SALINE, ss:
BE IT REMEMBERED, that on this day of May, 2009, before me,
the undersigned, a notary public in and for the county and aforesaid, came Paul
Carpenter, President of the Mariposa Homeowners Association, and Darald
Hough, Secretary.of the Mariposa Homeowners Association, who are personally
known to me to be the same persons who executed the above and foregoing
instrument of writing and duly acknowledged the execution of the same on behalf
of said corporation.
IN WITNESS WHEROF,I have hereunto subscribed my name and affixed
my official seal the day and year last above written.
Notary Public
. ACCEPTED BY:
M. Luci Larson, Mayor
A TIEST:
Lieu Ann Elsey, City Clerk
STATE OF KANSAS, COUNTY SALINE, SS:
On this _ day of May 2009, before me a Notary Public in and for said
state personally appeared M. Luci Larson, Mayor and Lieu Ann Elsey, City Clerk,
for the City of Salina, Kansas, known to me to be the persons who executed the
easement document on behalf of the City of Salina, and acknowledged to me
that they executed the same for the purposes therein stated.
Notary Public
Exhibit A to Agreement
Page 3 of4
Exhibit A
Book: 1~93 Page: 107
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Office: (785) 263-2625 Fax: (785) 263-1580
301 North Broadway, P.O. Box 97
Abilene, Kansas, 674io
Le2al Description
A 30' Sanitary Sewer Easement in
the Mariposa Park Common Area
City of Salina, Kansas
Legal Description (30' Sanitary Sewer Easement)
A parcel of land located in the Mariposa Park Common Area of Mariposa Addition to the
City of Salina, Saline County, Kansa$, being 30.0 feet in width used for sanitary sewer
easement purposes and is more particularly described as follows:
Beginning at tJ1e Southeast comer of Lot 12, Block 1 of saidlMariposa AdditiQn, said
point also being the Northeast comer of said Mariposa Park Common Area;
- thence S 15030'16" W along the East line of said Mariposa Park Common Area a
distance of 32.53 feet;
- thence N 51044'35" W a distance of234.88 feet;
- thence N 89042'34" Wa distance of 227.46 feet to a point on the North line of said
Mariposa Park Common Area;
- .thence N 47049'49" E along said North line a distance of 44.44 feet;
) - thence S 89042'34" E along sajd North line a distance of205.00 feet; -
- thence S 51044'35" E along said North line a distance of232.62 feet to the Point of
B~ginning;
Said parcel contains 13,500 square feet, more or less, and is subject to easements,
reservations and restrictions of record.
Date: 4/23/09 Proj. #: 07-5139
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Page: 1 of2 NOTE: This does not constitute a Certificate of Survey.
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Exhibit A to Agreement
Page 4 of 4
Book: ~193 Page: 108
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Office: (785) 263-2625- Fax: (785) 263.,1580
301 North Broadway, P.O. Box 97
J\bilene,~s,67410
ExhibitS.
Sketch
A 30' Sanitary Sewer Easement in
the Mariposa Park Common Area
City of Salina, Kansas
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Mariposa Park
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