Storm Drainage Covenants
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I ........'"~'~'.., REBECCA SEEMAN
. ..t:!..~...""e.~~~EGISTER OF DEEDS SALINE COUNTY KANSAS
(J7~~'~:T~qy..\ Book: 1200 Page: 120
· \.,0 fEO' i:1 Receipt -: 5B150 . C, N Recording F..: t21.00
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Date Recorded: 9/2/2009 10:21:37 AM
STORM DRAINAGE COVENANTS
These Storm Drainage Covenants, made and entered into as of the !ii~y of
January, 2009, by and among Insite Medical Partners, LLC ("Insite"); International
Church of the Foursquare Gospel, a California corporation ("Emmanuel"); and the City
of Salina, Kansas ("City").
Recitals
A. Insite owns real estate legally described as:
Meadow Pointe Addition to the City of Salina, Saline County, Kansas [a
Replat of Lot One (1), Block One (1), Lundberg Addition to the City of
Salina, Saline County, Kansas]
(the "Insite Property").
B. Emmanuel owns real estate legally described as:
Lot Two (2), Block One (1), Lundberg Addition to the City of Salina,
Saline County, Kansas
(the "Emmanuel Property").
C. The detention basin serving both the Insite Property and the Emmanuel
Property is located on the following described real estate owned by Emmanuel:
Lot Two (2), Block One (1), except the South Three Hundred Twenty-
Five Feet (325') of said Lot Two (2), Lundberg Addition to the City of
Salina, Saline County, Kansas
as depicted on the attached Exhibit A (the "Detention Basin").
D. The City has an interest in the development of the Insite Property and the
Detention Basin for the reason that the Insite Property is located in what the City has
identified and designated as Critical Drainage Area #2, and has, therefore, based upon
applicable ordinances, regulations, and drainage criteria, established certain restrictions
and requirements regarding the phased development. of the lnsite Property and
corresponding enhancements and physical modifications to the Detention Basin.
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E. Such restrictions and requirements by the City, upon development of
Meadow Pointe Addition, require construction of a larger Detention Basin, the
installation of drainage diversion lines from the Detention Basin to the Ohio Street storm
sewer system, and the installation and maintenance of a pump system to move the water
and meet the City's requirements that storm water be removed from the Detention Basin
within twenty-four (24) hours.
F. A certain Agreement dated November 22, i999 and recorded as Exhibit A
to that certain Trustees' Deed dated July 10,2000, at Deed Book 392, Pages 408-421 of
the records of the Saline County Register of Deeds (the "1999 Agreement"), by and
among the Trustees of the Virgil F. Lundberg and Dorothy E. Lundberg Trust No.1,
dated December 1, 1989 (previous owners of the Insite Property), Emmanuel, and the
City addressed, among other things, certain requirements regarding enhancement and
maintenance of the Detention Basin and installation of a diversion line and pump station
to carry storm water run-off from the enhanced Detention Basin to the Ohio Street storm
drainage system.
G. Insite desires to develop Meadow Pointe Addition in phases, commencing
with the development of Lot One (1), Block One (1), Meadow Pointe Addition as
depicted on the attached Exhibit A ("Phase I").
H. The proposed phased development of Meadow Pointe Addition prompts
the desire of the parties to make this restatement of the covenants set forth in the 1999
Agreement relating to certain storm drainage improvements required by such
development.
THE PARTIES, in consideration of the mutual promIses contained herein,
therefore, covenant and agree:
1. Phase I Development of the Insite Property. For the reason that the
capacity of the Detention Basin has been sufficiently expanded to accommodate Phase I
development of the Insite Property, a building permit for Phase I development, as
depicted on the attached Exhibit A, may be issued without any further enhancements or
physical modifications being made to the existing Detention Basin.
2. Development of Subsequent Phases of the Insite Prcmerty. No certificates
of occupancy for development of the lnsite Property beyond Phase I shall be issued until
the following conditions precedent have been met:
A. Insite shall design and install a new stormwater drainage pump and pump
station for the Detention Basin in accordance with City specifications and
requirements;
B. Insite shall design and install a new storm water diversion line for the
purpose of carrying storm water run-off from the Detention Basin to the
Ohio Street storm drainage system (the "diversion line").
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Book: 1200 Page: 422
C. Insite shall dedicate a public drainage easement, twenty feet (20') in
width, across the Meadow Pointe Addition, from the Detention Basin west
to the Ohio Street storm drainage system to accommodate the diversion
line.
D. Insite's design engineer shall prepare an as-built drawing of the Detention
Basin as it currently exists for review by the City Engineer or his designee.
Insite shall make any enhancements or physical modifications to the
Detention Basin necessary to bring it into compliance with the City's
adopted design criteria.
(Items A. through D. above are collectively referred to as "the Project.")
3. General Improvement Proiect. The parties agree that the Project will be
constructed and financed as a general improvement project pursuant to K.S.A. 12-6aOl,
et seq. City agrees that the share of the Project to be paid by the city-at-Iarge shall be
equal to the cost of designing and constructing the diversion line. Insite agrees that the
balance of the costs of the Project shall be specially assessed over a period of up to
fifteen (15) years against the following described real estate: e.(\)
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Lots One (1), Two (2), and Three (3):'Meadow Pointe Addition to
the City of Salina, Saline County, Kansas (the Insite Property).
4. Ongoing Maintenance. Emmanuel shall remain responsible for ongoing
maintenance of the Detention Basin, both before and after the Project. Insite shall remain
responsible for ongoing maintenance of the existing Detention Basin pump system.
Insite shall assume and be responsible for maintenance of all components of the Project
other than the Detention Basin from and after installation of the Project and its
acceptance by the City.
5. Supersedes 1999 Agreement. These Drainage Covenants supersede the
terms of the 1999 Agreement.
6. Binding Effect. These covenants shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns and shall be binding upon and
run with the land.
EXECUTED by the duly authorized officers of the parties hereto, effective as of
the day and year first written above.
Insite~ed' al Partners, LLC
By: !d;:71lv6
urt Robertson, Managing Member
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International Church of the Foursquare
Gospel
By: Loren~.p~
Authorized Representative
City of Salina, Kansas
By:
By:
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ACKNOWLEDGMENTS
STATE OF KANSAS, COUNTY OF SEDGWICK, ss:
This instrument was acknowledged before me on January ~, 2009 by Curt
Robertson as Managing Member of Insite Medical Partners, LLC.
My appointment expires:
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My Appt. Expires
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January ~, 2009 by Loren
Houltberg as Pastor and Authorized Representative of the International C the
Foursquare Gospel.
My appointment expires:
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Book: 1200 Page: 424
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January ~, 2009 by John K.
Vanier II as Mayor and by Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires:i-/IJf1/JO/.,).
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. Notary Pubhc
tt . SHANDI L. WICKS
~ Notary Public - State of Kansas
My Appt. Expires
R~ aok
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