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4325 Vacate Easement Replat of Foley Addition City Clerk's Office Filed DO NOT WRITE IN TR 5-(10 1 7-9 9 dT9' '8 •5R_ PETITION NUMBER 3�� TO: THE GOVERNING BODY CITY OF SALINA, KANSAS The undersigned, being a property owner in the City of Salina, Kansas, does hereby petition your honorable body for: The vacation of that certain Permanent Drainage Easement granted by H-M Olathe, L.L.C. to the City of Salina, Kansas, dated October 2, 2007, and recorded on November 21, 2007 in Book 1163 at Page 220 with the Saline County, Kansas Register of Deeds. A copy of said Permanent Drainage Easement is attached hereto as Exhibit A. Respectfully submitted: H-M OLATHE, L.L.C. By: Timothy R. Murphy, Member 1524 N. Corrington Kansas City, MO 64120 (888) 642-8782- phone (816),483-5842 —fax PLF—074,4/14/2010 EXHIBIT A Permanent Drainage Easement See attached. PLF-074,4/14/2010 J '• ER OF DEE ttiSp�Y KMW rw , 1m : Oete iboord�d: UnLI 7 M.46 F" i Grantor Grantee Type of Document permanent Drainage Easement Recording Fees Mtg Reg Tax $0.00 Total Amount $24.00 Retum Address CINDY - . ROOM 208 i A , Books 1 ,3 page: ! OR6MOF PE IANltNT DRAIMAGE RA�S&1VtENT 04�r'02 toe Tins INDENTURE, made this ah1 day of 2007, by and botwom H-M Olathe,L.L.C.,a ICaasas Corporation,(the"Grantor")and the CITY OF SALWA,KANSAS,a mwdclpal corporation,(the"CityW): WTI`NBSSETH: That the Grantor, for good and valuable consideration, does hereby oonvey unto the City that c atain portion of land owned by the Ctrantor as legally demlmd on the attached and incorporated Exhibit A and depicted oa the attached and laooipotated BX1Ubit B as a public drainage easement, in papedrity, (the "Drainage Basement") for the purposes of locaftM consftcftM excavating,and maintmnW Stomrwatar detendo n'facilities,.including swales,ditches,pipelines,halals and pumps for 1 the purpose of colleottng,detaining and transmitting=AM sborrrrtvatec Ctrantor admowtedges that this Chant of Permanent Drainage Easement"neither alter nor affect the Grantors obligation to maintain the described=1 estate. Grantor hereby covenants that they are the lawlbt owners of the described heal estate and have the right,power,and authority to convey the rigbts granted hereby. IN wrrNSS3 WmREOF, the,Ctrantor has hereunto caused this instawnent to be executed the day and year fast above writoam. H llti t)Iathe,.L.L.C. T� Y.President MiSSOuRt JAGKSOM STATB OF MUMAA XX'I 400 COUNTY,ss: BS rr REMLMBERBD, that on this d7b# day of WS�7, before MR underdSoed, a notary public in and for the county and state aforesaid, came Tim MuMbY, I president of JAM Oladae, L.L.C., who is personally!mown to one to be the samc pagan who mec uted the above,and foregoing instrument of writing and duly acknowledged the execution of the same on beJaslf of said corporation. _ IN j i ii—Q have hereunto subsccrnribed my asa>de and. affuCed my aal above 'flan. MMSOM notary Pob1le-Notary Seal STATBOF _ N,yComUiWmaWgW36 jr/0'pt-�4-07 Notaty Public f Book: 1163 Pager CITY OF SALINA. KANSAS ACCEPTED BY: Uk N Alan E. Jilka, Ma ATTEST: Lieu Ann Elsey.City C k STATE OF KANSAS;COUNTY OF SALINE,SS: On this �qay of November, 2007, before me a Notary Public In and for said state, personally appeared Alan E.Jilka,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. PENNY OAY Nofrf►PuO�- al w �vot otary Pu .2. Sooki 1163 Page: 223 EXHIBIT A* The property subject to the drainage easement is legally described as follows: The North Sixty (60)feet of the West Three Hundred Thirty- One and Fifty-One Hundredths (331.51.)feet of Lot Two(2), Block One (1) in the Repiat of the Foley Addition to the City of Salina, Saline County, Kansas. � mil, '���.�./,ryfJ.,t ,r 1 .4. ' i s 70 F_, N88'03'S/- M r �pct9 ,N� X487'57.53 E 210.99 (D&M) IV; 0�; � t U cr- (0) I II � ' r WO p rOno s c;s _� Easement 9 � O ci BLOCK 1 c ° ° r BLOCK 1 LOT 2 L Z z pn LOT 2 ,'x,77 C4 0 e5 p O . I S63'53'33"w k Dub 320-00' (D) .. '20.27' M) S89*52'32"W (hS) 15 �g4'S,2'h3�W (D} SCALE: qC �� PLAN. 1 60 ww 1