Lot 1 Block 1 S REBECCA SEEMAN
• ''Qt'ilBGISTER OF DEEDS SALINE COUNTY KANSAS
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(.; Book: 1260 Page: 391-396
`•1 Receipt 4: B1B96 `1
'+z, Recording Fee: 829.00
^ " a^", Pages Recorded: 5 C- ' cp
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Date Recorded: 1/31/2013 2:56:10 PM
GRANT OF PERMANENT UTILITY AND DRAINAGE EASEMENT
Presbyterian Manors, Inc., a not for profit Kansas corporation, formerly known as United
Presbyterian Foundation of Kansas, Inc. (the "Grantor"), being the owner of the
hereinafter described real estate, which is part of the Salina Presbyterian Manor
campus addressed as 2601 East Crawford Street, does hereby give, grant, dedicate,
and convey unto the City of Salina, Kansas, a municipal corporation, (the "Grantee")
An amended easement which converts an existing 20 foot platted Utility
Easement into a combined Permanent Utility and Drainage 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, and maintaining:
1) Poles, wires, conduit, pipelines, and junction boxes for the purpose of
conducting, transmitting, and distributing water, sewage, electricity, gas
and electronic communications by the City, its franchisees, and its
licensees.
2) Stormwater detention and transmission facilities, including a surface
drainage ditch, detention basin, storm pipelines, swales, rip rap and
other erosion control devices for the purpose of collecting and detaining
runoff from the Replat of the Replat of the Salina Presbyterian Manor,
Inc. Subdivision, the Replat of Pheasant Ridge Addition and Pheasant
Ridge Addition No. 2 and transmitting off-site runoff from south of
Crawford Street from the north edge of the Replat of Pheasant Ridge
Addition to Brookwood Lane.
As to the drainage portion of the easement, all maintenance of the ditch located within
the drainage easement area shall be the right, duty and responsibility of the abutting -
property owners in the Pheasant Ridge Addition No. 2 residential subdivision.
However, if the maintenance of the easement area is neglected and is determined to
be a hazard or threat to public safety by the City Engineer, corrective maintenance
may be performed by the City of Salina with costs assessed to and borne by said
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Book : 1360 Page : 395
property owners. Officials representing the City Engineering Department shall have
the right to enter upon the easement area for purposes of periodic inspection and / or
corrective maintenance of the easement area. If maintenance is neglected, any costs
incurred by the City in the maintenance of the easement area shall be assessed and
charged against the tracts within the Pheasant Ridge Addition No. 2 subdivision that
abut the easement area. The City Clerk shall at the time of certifying the City taxes to
the County Clerk certify the aforesaid costs and the County Clerk shall extend the
same on the tax rolls of the County against said tracts and it shall be collected by the
County Treasurer and paid to the City as other City assessments are collected and
paid. The City may, in lieu of levying the maintenance costs against the tracts,
maintain an action against the tract owners to collect the costs of said maintenance in
the same manner as any other obligation owed the City might be collected.
Grantor hereby covenants that they are the lawful owner of the described
premises and have the right, power, and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned duly authorized office of the Grantor
has set their hand this i4'14 day of January, 2013.
PRESBYTERIAN MANORS, INC.
Formerly known as United Presbyterian .
Foundation of Kansas, Inc.
By: 't
Bruce r1. Shogren, President/CEO
STATE OF KANSAS, COUNTY OF SEDGWICK, SS:
6I ERR./ M4 7^ra do hereby certify that Bruce H. Shogren, President/ CEO
of Presbyterian Manors, Inc., personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me in person and
acknowledged that they signed, sealed and delivered the said instrument as the free
and voluntary act of said corporation for the uses and purposes therein set forth.
Given under my hand and seal this /7 day of January, 2013.
My Appointment Expires:
Date Notary Pub°c
PriPiAtti
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, Book : 1260 Page : 396
CITY OF SALINA, KANSAS
ACCEPTED BY.
■
Norma i rennings, Mayor
ATTEST:
11
Lieu Ann Elsey, City CI li
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this 25 day of January, 2013 before me a Notary Public in and for said state,
personally appeared Norman M. Jennings, 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.
o
Ili i MIL TRAr 9PARK5
o a. y I LAM IL Nary Public- tat-to Kansas
Notary �ub c My APPt.Expires , (.3
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Book : 1260 Page : 397
EXHIBIT "A"
The following described portion of the Salina Presbyterian Manor campus is subject to a
Public Utility and Drainage Easement:
The North Six-Hundred Sixty-two and Twenty-nine One
Hundredths (662.29) feet of the East Twenty (20) feet of Lot
1, Block 1 in the Replat of the Replat of the Salina
Presbyterian Manor, Inc. Subdivision in the City of Salina,
Saline County, Kansas.
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Exhibit B
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