8.2 Agr Purch Drain Easement CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04-19-99 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
CITY ATTORNEY
ITEM Greg Bengtson
NO. 2 ~
RY' RY'
Item
Resolution Number 99-5455 authorizing the Mayor to execute an agreement for the purchase of
permanent easement for the purpose of detention and temporary storage of storm drainage.
Background
On April 4, 1999, the City Commission voted to accept the offer received from the owners of the Knox
Sand Pit whereby the City would acquire the additional permanent easement to temporarily store and
detain storm drainage from an additional 175 acres of residential development in exchange for:
1. A lump sum payment of $140,000,
2. The City's agreement to indemnify the current and future owners from any pollution based
claims arising from or federal/state orders relating to the additional storm drainage, and
3. The City's replacement of the current outfall located on existing City right-of-way with a properly
designed and functioning spillway facility;
and directed the City Attorney to prepare a contract and permanent easement transfer document for future
approval by resolution.
Attached are copies of the Agreement for Purchase of Permanent Easement and Permanent Easement
transfer document presented to the owners. The proposed resolution authorizes the Mayor to execute
the Agreement on behalf of the City.
Recommendation
Approve Resolution Number 99-5455.
AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT
This Agreement for Purchase of Permanent Easement is entered into this __ day of
April, 1999, among MARY L. GRINGERE, Trustee for the Benefit of the MILDRED I.
MILLER REVOCABLE TRUST dated February 19, 1991; RALPH E. MILLER, a single
person; MARY L. GRINGERE, a single person; DOROTHY W. WILLIFORD a/k/a
DOROTHY E. WlLLIFORD, and , her husband; and DONALD W.
MILLER, a single person, (collectively "Grantors") and THE CITY OF SALINA, KANSAS,
a municipal corporation, ("City").
Recitals
A. The Southeast Drainage Study (prepared by Wilson & Company in 1997), the
Engineering Report for Selected Drainage Improvements in South Salina (prepared by
Bucher, Willis & Ratliffin 1986), and the South Salina Drainage Study (prepared by Wilson
& Company in 1978) identified the need for storm drainage detention and temporary storage
inside the City's flood control levee system.
B. The Grantors own the body of water commonly known as the "Knox Sand
Pit" located near the southeast comer of the intersection of Ohio Street and Magnolia Road,
which has grown in surface area fi.om eight (8) to fifty-one (51) acres since 1978, thus
providing significant storm drainage detention and temporary storage capacity without
adversely impacting the sand pit or surrounding property.
C. In 1982, the City acquired from the Grantors through an eminent domain
proceeding (Saline County District Court Case No. 82-C-106) a permanent easement for the
purpose of constructing a drainage ditch for a storm water drainage system and a permanent
easement for the temporary ponding in the Knox Sand Pit of storm drainage fi.om the eighty
(80) acre tract depicted on the attached Exhibit A.
D. In order to address a crucial public safety concern, the City desires to acquire
a means for the detention and temporary storage of storm drainage fi.om the additional one
hundred seventy-five (175) acres of residential development depicted on the attached Exhibit
B.
E. It is the desire of the Grantors to convey and the City to accept a permanent
easement covering the Knox Sand Pit for the detention and temporary storage of storm
drainage from the additional one hundred seventy-five (175) acres of residential development
upon the terms and conditions contained in this Agreement.
FOR AND IN CONSIDERATION of mutual and reciprocal promises, covenants, and
agreements set forth herein, the parties agree as follows:
1. Grant of Permanent Easement. Grantors agree to convey and the City agrees
to accept a permanent easement for the purpose of detention and temporary storage of storm
drainage (the "Permanent Easement") covering the real estate legally described on the
attached Exhibit C (the "Real Estate"). The form of the Permanent Easement shall be
identical to that attached as Exhibit D and shall be recorded by the City with the office of the
Saline County Register of Deeds, at the expense of the City.
2. Compensation. The City agrees to pay to Grantors at Closing the total sum of
One Hundred Forty Thousand and No/100 Dollars ($140,000.00) in exchange for the grant of
the Permanent Easement (which equals $800.00 per acre for each of the 175 acres of
additional residential development to be served by the Permanent Easement).
3. Construction of Spillway. In conjunction with its use of the Permanent
Easement, the City agrees that by December 31, 1999, it will remove the currently obstructed
outfall pipe from which water is intended to be discharged from Knox Sand Pit and construct
and maintain at the same location (on the pre-existing City easement) a properly designed
and functioning earthen spillway. The elevation of the spillway will be established at the
lowest level which will assure positive drainage from the Knox Sand Pit to the Smoky Hill
River through the intervening drainage channel. That elevation has been estimated to be at or
about 1,225 feet above sea level.
4. Indemnification. The City agrees to indemnify and hold harmless the
Grantors and their successors and assigns:
A. From any future costs or actions required by state or federal laws, '
regulations, or orders relating to the storm drainage to be detained and temporarily
stored pursuant to the Permanent Easement.
B. From any environmental claims arising from the additional storm drainage
to be detained and temporarily stored pursuant to the Permanent Easement.
This indemnification shall include the costs of defense by counsel designated by the City and
approved by Grantors. Any compromise settlement of a claim shall be subject to the prior
approval of the City.
5. Covenant of Title. Grantors covenant that they are the lawful owners of the
real estate covered by the Permanent Easement and that the real estate is not subject to any
contract for sale or other liens and encumbrances.
6. Closing. Closing shall take place on or before _, 1999. At
closing the Grantors shall deliver to the City the fully executed and acknowledged Permanent
Easement document and provide the City with the mailing address and Social Security
number or tax identification number for each of the Grantors. Upon meeting those
requirements the City shall pay the Grantors the total compensation set forth in paragraph 2
above.
7. Nonassignable. Neither the Grantors' nor the City's rights under this
Agreement may be assigned prior to closing without the prior written consent of the other
party.
8. Enduring Covenants. Any agreements, promises, or covenants contained in
this Agreement which are intended to do so by their terms shall endure beyond the closing.
9. Binding Effect. The terms of this Agreement shall be binding upon and inure
to the benefit of the heirs, administrators, executors, beneficiaries, trustees, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have signed this Agreement effective the day
and year first above written.
"Grantor"
Mildred I. Miller Revocable Trust
Dated February 19, 1991
By
Mary L. Gringere, Trustee
Ralph E. Miller
Mary L. Gringere
Dorothy W. Williford a/k/a Dorothy E.
Williford
Williford
Donald W. Miller
"City"
By
Peter F. Brungardt, Mayor
ATTEST:
Judy D. Long CMC, City Clerk
1982 Drainage Ea.~ ement Acquisition
¢Twin Oaks, Twin O lks II, Part of Bonnie Ridge
Citylimits
Citystreets
I----] Parcels
~ Knox Drainage Dit~ & Detention Basin
Exhibit A
999 Drainage EasE,ment Acquisition
AREA
1 JERRY IVEY PARK
2 W. MAGNOLIA ROAD SY STEM
3 S. OHIO STREET SYSTE ~1
4 EASTVlEW ESTATES, BI ,PTIST CHURCH,
UNPLATTED TRACT
~.~. 1999 Acquisitio~ Area
Citystmets
[]Parcels
Knox Drainage Ditch & Deteatior Basin
Exhibit B
CERTIFICATE OF ENGINEER
I, Shawn O'Leary, P. E., City Engineer of the City of Salina, Kansas, hereby certify that pursuant to
Resolution No. 99-5419 adopted by the Board of Commissioners of Salina, Kansas, on February 22,
1999, I made a survey and description of the land necessary to be acquired by the City of Salina for
the purpose of improving the flood control system in southeast Salina by providing storm drainage
detention and temporary storage and that the following permanent easement is necessary for said
improvements.
Permanent easement to the following tract:
A tract of land located in the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), the
Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), and the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4), all in Section Thirty-one (31), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian in Saline County, Kansas, more particularly
described as follows:
Commencing at the Northwest comer of the Southwest Quarter (SW I/4) of the Northeast Quarter
(NE I/4) of said Section Thirty-one (31);
Thence east along the north line of said SW 1/4, NE 1/4 on an assumed bearing of N 89044'38'' E
a distance of 439.67 feet;
Thence S 00°15'26'' E a distance of 76.38 feet to the Point of Beginning;
Thence S 89°29'36'' E a distance of 384.79 feet;
Thence S 50°18'18" E a distance of 486.01 feet;
Thence N 89°50'29'' E a distance of 145.51 feet;
Thence S 28°25'29'' E a distance of 108.18 feet;
Thence S 32028'28'' W a distance of 258.43 feet;
Thence S 49°36'12' E a distance of 222.56 feet;
Thence S'32°39'05'' E a distance of 206.75 feet;
Thence S 08°20'01" E a distance of 99.48 feet;
Thence S 23 °36'43" W a distance of 158.40 feet;
Thence S 89°46'36'' W a distance of 1033.91 feet;
Thence N 66°39'01" W a distance of 573.14 feet;
Thence N 84o55'56" W a distance of 187.30 feet;
Thence S 75°32'01" W a distance of 925.48 feet;
Thence N 43 o 15'03" W a distance of 160.39 feet;
Thence N 01 °40'46" E a distance of 242.40 feet;
Thence N 11 °09'16" E a distance of 328.79 feet;
Thence N 42°57'06'' E a distance of 381.74 feet;
Thence N 81 °16'24" E a distance of 944.27 feet;
Thence N 89°44'34'' E a distance of 33.04 feet;
Thence S 80°29'41'' E a distance of 412.82 feet;
Thence.N 00°I 5'26" W a distance of 143.62 feet back to the Point of Beginning.
The above described tract of land includes 57.80 acres more or less.
Dated at Salina, Kansas, this I st day of March, 1999.
~~~ Shawn O'Leary, P. E.
' City Engineer
PERMANENT EASEMENT
THIS INDENTURE, made this __ day of April, 1999, among MARY L. GRINGERE,
as Trustee for the benefit of MILDRED I. MILLER REVOCABLE TRUST dated February 19,
1991; RALPH E. MILLER, a single person; MARY L. GRINGERE, a single person;
DOROTHY W. WILLIFORD a/k/a DOROTHY E. WILLIFORD and
her husband; and DONALD W. MILLER, a single person, (collectively "Grantors"), and the City
of Salina, Kansas, a municipal corporation (the "City").
WITNESSETH: The Grantors for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, do hereby grant, bargain, sell, and convey unto the
City, a permanent easement in, through, over, and across a certain portion of land and body of water
owned by the Grantors, legally described as follows and depicted on the attached Exhibit A, for the
purposes of detention and temporary storage of storm drainage from the one-hundred seventy-five
(175) acres of residential development depicted on the attached Exhibit B, in perpetuity.
A tract of land located in the Southeast Quarter (SE¼) of the Northwest Quarter
(NW¼), the Southwest Quarter (SW¼) of the Northeast Quarter (NE¼), and the
Southeast Quarter (SE¼) of the Northeast Quarter (NE¼), all in Section Thirty-
one (31), Township Fourteen (14) South, Range Two (2) West of the Sixth
Principal Meridian in Saline County, Kansas, more particularly described as
follows:
Commencing at the Northwest comer of the Southwest Quarter (SW¼) of the
Northeast Quarter (NE¼) of Section Thirty-one (31);
Thence east along the north line of said Southwest Quarter (SW¼) of the
Northeast Quarter (NE¼) on an assumed bearing ofN89°44'38'' E a distance of
439.67 feet;
Thence S 00o15'26" E a distance of 76.38 feet to the Point of Beginning;
Thence S89°29'36'' E a distance of 384.79 feet;
Thence S50° 18' 18" E a distance of 486.01 feet;
Thence N 89050'29" E a distance of 145.51 feet;
Thence S 28°25'29" E a distance of 108.18 feet;
Thence S 32°28'28" W a distance of 258.43 feet;
Thence S 49o36, 12" E a distance of 222.56 feet;
Thence S32°39'05'' E a distance of 206.75 feet;
Thence S 08°20'01'' E a distance of 99.48 feet;
Thence S 23036'43" W a distance of 158.40 feet; ~
Thence S 89046'36" W a distance of 1033.91 feet;
Thence N 66°39'01" W a distance of 573.14 feet;
Thence N 84055'56" W a distance of 187.30 feet;
Thence S 75°32'01" W a distance of 925.48 feet;
Thence N 43015'3" W a distance of 160.39 feet;
Thence N 01040'46" E a distance of 242.40 feet;
Thence N 11°09'16" E a distance of 328.79 feet;
Thence N 42o57'06" E a distance of 381.74 feet;
Thence N 81 o 16'24" E a distance of 944.27 feet;
Thence N 89°44'34" E a distance of 33.04 feet;
Thence S 80°29'41" E a distance of 412.82 feet;
Thence N 00015'26" W a distance of 143.62 feet back to the Point of Beginning
Exhibit D
The above described tract of land contains 57.80 acres more or less.
IN WITNESS WHEREOF, the Grantors have signed this Permanent Easement effective
the day and year first above written.
Mildred I. Miller Revocable Trust dated February 19, 1991
By:
Mary L. Gringere, Trustee
Ralph E. Miller
Mary L. Gringere
Dorothy W. Williford, a/k/a Dorothy E. Williford
Williford
Donald W. Miller
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the cotmty and state aforesaid, came Mary L. Gringere,
Trustee for the benefit of the Mildred I. Miller Revocable Trust dated February 19, 1991, 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 the Trust.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Ralph E. Miller, 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 for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Mary L. Gringere, 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 for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
STATE OF , COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Dorothy W. Williford,
a/k/a Dorothy E. Williford, 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 for the
purposes therein stated.
-3-
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
STATE OF , COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
Williford, who is personally known to me to be the same person who executed the above and
foregoing instnm~ent of writing and duly acknowledged the execution of the same for the purposes
therein stated.
IN WITNESS WltEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of April, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Donald W. Miller, 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 for the purposes therein stated.
IN WITNESS VOtEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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I11 IIIIIIIIII
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I"ll I I I I I t i'".'~l I I 1
· IIIIIIIIIIIIIII1[1~ S
'1 E:I__/_/~"~::11 I I I I I I I I I~1 IIIIIIII II
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999 Drainage Ease ment Acquisition
I JERRY IVEY PARK
2 W. MAGNOLIA ROAD S~ ~TEM
3 S. OHIO STREET SYSTE /I
4 EASTVIEW ESTATES, B~ PTIST CHURCH,
UNPLATTED TRACT
ci~ts
Pa~s
~ox Dmi~ge D~ & ~t~fi~ Basin
Exhibit B