Airport Authority and Storage Mart, LLC no build easement" REBECCA SEEMAN
- `•-�;`diEGISTER OF DEEDS SALINE COUNTY KANSAS
S ••tti8'F:�
`0 0 1278 Page: 1593 -1598
Receipt =: 93559 Recording Fee: 026.00
'^.',;, �w•�� Pages Recorded: B + tj Rdw= _d xJ
Date Recorded: 3/7/2019 11:92D6 AM
COVENANT AND AGREEMENT
REGARDING NO BUILD EASEMENT
THIS COVENANT AND AGREEMENT REGARDING NO BUILD EASEMENT is
made this MarchAa 2013 by and between THE SALINTA AIRPORT AUTHORITY ("Grantor')
and STORAGE MART, LLC, a Kansas limited liability company, ("Grantee ").
Recitals
A. Grantor is the owner of certain real property located within the City of Salina,
Kansas, legally described as Lots Five (5) through Nine (9), Block One (1), Schilling
Subdivision No. 5, to the City of Salina, Saline County, Kansas as depicted on the attached and
incorporated Exhibit A, page 2 (the servient estate referred to as "Grantor's Property").
B. Grantee is the owner of certain real property located within the City of Salina,
Kansas, as legally described on the attached and incorporated Exhibit B and also depicted on
Exhibit A, page 2 (the dominant estate referred to as "Grantee's Property ").
C. Grantee proposes to build structures on Grantee's Property.
D. In order to facilitate Grantee's proposed building design and compliance with fire
safety and other building codes of the City of Salina, Kansas, as administered by the city
manager or the city manager's designee (the "City "), Grantee has requested that Grantor grant a
twenty -five foot (25') "no build" easement along the eastern boundary of Grantor's Property (the
"No Build Easement "), thus precluding Grantor from constructing any structures on the
Easement. The Easement is currently subject to a platted drainage easement and consists
primarily of a drainage channel.
E. Grantor desires to facilitate Grantee's development of its property by granting the
Easement while reserving the ability to make surface and/or subsurface improvements to the
existing drainage channel located on the Easement and/or develop portions of the Easement as
improved parking areas.
THEREFORE, in consideration of mutual benefits and other valuable consideration,
Grantor conveys unto Grantee a perpetual No Build Easement over and across the East Twenty -
five feet (25') of Grantor's Property as legally described on the attached and incorporated
Exhibit A, page 1, and depicted on Exhibit A, page 2, subject to the following terms and
conditions:
Book: 1278 Page: 1594
1. Prohibited Structures — Permitted Improvements. Grantor shall not erect anv
structure of any kind over or within the Easement Area without obtaining the prior written
approval of the City. Grantor reserves the ability to make surface and/or subsurface
improvements to the existing drainage channel located on the Easement and/or to develop
portions of the Easement as improved parking areas, subject to any applicable permit
requirements.
2. Termination. The Easement may be terminated by the Grantor, with the written
approval of the City and upon written notice to the then owner of Grantee's Property, if and
when:
a. The Easement is no longer necessary for Grantee's improvements on Grantee's
Property under the then applicable fire safety and other building codes; or
b. Grantee's proposed structures are: (i) not constructed; (ii) not constructed as
proposed; or (iii) subsequently demolished or destroyed.
3. Limited Scone. The Easement is limited in scope to Grantor's covenant set forth
in paragraph 1. above and does not grant any right of access, use, or any other right or benefit to
Grantee. Grantee's Property, or any other party.
4. Bindine Effect. The Easement shall inure to and bind the parties and their
successors and assigns and shall constitute a covenant running with the land.
5. Approval by the City. As evidenced by the signature below of a representative of
the City, the Easement has been approved by the City and shall not be terminated or modified in
any way without the express written approval of the City.
THE PARTIES have caused this instrument to be executed by their duly authorized
representatives the day and year first above written.
SALINA AIRPORT AUTHORITY
By: k 7ai,_
Dart Neuschafer, Ch irman
Board of Directors
ATTEST:
By:
, M es, V%' e Chairman
Board of Directors
STORAGE MART, LLC
By:
Marty Simpson
President
Approved by City of Salina, Kansas
By: dt,L
Jason Gage' C4364 anager
Rook: 1278 Page: 1595
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on � iP 2013 by Daran
Neuschafer as Chairman and Jeff Maes as Vice Chairman of the Board of Directors of the Salina
Airport Authority.
My appointment expires: Nota ,uh�
t iCHEU.ERSWANSON,
NOTARY PUBLIC
STATE of WaAS �
STATE OF KANSAS, COUNTY OF SALINE, ss: —�
`ui
This instrument was acknowledged before me on cz 2013 by Marty
Simpson as President of Storage Mart, LLC.
My appointment expires: HI —A.
STATE OF KANSAS, COUNTY OF SALINE, ss:
C' 9&f600
Notary - ublic --
6;iCHELLE L SWANSUN j
NOTARY PUBLIIC,$ IIJ
STATE of
f•l3P -tEv,.
This instrument was acknowledged before me on�L 'T�, 201B by Jason Gage as
City Manager of the City of Salina, Kansas. N , ^ t N
My appointment expires:L4A q Notary Public
MICHELE R. ORR -MUTHS
Noary Pudic - State of Kansas
M Appt. Expires %,I
Earles Engineering & Inspection, Inc.
211 N. Kansas, Liberal, Kansas. 67901
(620)626 -89f2
115 W. Iron, Salina, Kansas, 67401
(785)309 -1060
Legal Description (25' No Build Easement)
Book: 1218 Pa
Exhibit A
A strip of land Located in Block 1, Schilling Subdivision No. 5, to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Beginning at the Southeast comer of Lot 9 in said Block, point also being the Southwest comer
of a parcel described in Book 1212, Page 1452 -1453 recorded in the Saline County, Register of
Deeds;
- thence N 00 °29'04" W along the East line of said Block and the West line of said parcel a
distance of 1577.60 feet;
- thence S 90 °00'00" W a distance of 25.00 feet;
- thence S 00 °29'04" E a distance of 1578.03 feet to the South line of Lot 9 of said Block;
- thence N 89 °01'07" E along said South line a distance of 25.00 to the point of Beginning.
Said parcel contains 39,445.3 square feet, more or less, and is subject to easements,
reservations and restrictions of record.
Date: 2/25/2013
Proj. #: 13
Page 1 of 2 1 Drawn By: TCR
: 1596
Book: 1278 PPAi�iA1597
Earles Engineering & Inspection, Inc.
211 N. Kansas, Liberal, Kansas, 67901
(620)626 -8912
115 W. Iron, Salina, Kansas, 67401
S 90owoo"
25.00'
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(785)309 -1060
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Date: 2 /25/2013 Proj. #: 13- Southe'est
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Page 2 oft Drawn By: TCR
Found Bar w /2"
Aluminum Cap
Book: 1278 Page: 1598
Exhibit `B"
A strip of land being a portion of Missouri Pacific Railroad right -
of -way located in the Southwest Quarter of Section 35, Township
14 South, Range 3 West of the 6"' Principal Meridian in Saline
County, Kansas, more particularly described as follows:
Beginning at the Northwest comer of a Flood Control and Utility
right -of -way also being the Northwest comer of Wheatridge
Addition to the City of Salina;
- thence on assumed bearing of S 00°29'04" E along the West line
of said Flood Control and Utility right -of -way also being the West
line of said Wheatridge Addition a distance of 1576.76 feet to a
point on the North right -of -way line of Schilling Road;
- thence S 89 °31'06" W along said North right -of -way line a
distance of 99.93 feet to a point on the West right -of -way line of
said strip of Missouri Pacific Railroad right -of -way, said point also
being the Southeast comer of Block 1, Schilling Subdivision No. 5
to the City of Salina;
- thence N 00°29'04" W along said West right -of -way line, said line
also being the East line of said Block 1 a distance of 1577.60 feet
to a point that is an extension of the North line of said Wheatridge
Addition;
- thence N 90 °00'00" E along said extension of the North line of
Wheatridge Addition a distance of 99.94 feet to the Point of
Beginning;
Said parcel contains 157,615 square feet, more or less, and is
subject to easements, reservations and restrictions of record.
Rm 281
Dean