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Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 REBECCA SEEMAN ' . ##I bitEGISTER OF OEEDS SALINE COUNTY KANSAS s Book: 1281 Page: 789-786 ''•""'•`r Receipt c. 95101 ' Recording Fee: 618.00 ^ Pages Recorded: 3 A4 Abeam_ �.am,a„.) Date Recorded: 5/15/2011 9:33:29 AM PERMANENT DRAINAGE EASEMENT This Permanent Drainage Easement is made this (pk day of May, 2014, by and between TWI Development, LLC, a Limited Liability Company, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City a permanent drainage easement (the "Easement") in, on, over, under, and through the real estate legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for the purposes of laying, constructing, operating, inspecting, altering, repairing, replacing, substituting, relocating, adding to, removing and maintaining a culvert, storm sewer, drainage ditch, drainage channel/water course or other drainage facility tributary connections and appurtenant work in any part of the Easement, including the right to clean, repair, replace and care for the drainage facilities, together with the right of access in, on, over, under and through the Easement. • TERM: The Easement shall be perpetual. OWNERSHIP: Grantor covenants that Grantor owns the Real Estate and has the right, title, and capacity to grant the Easement. MODIFICATIONS: The City shall have the right to change the drainage channel/water course and to install an additional sewer and/or drainage line or replace the line with a larger line in the Easement at some future date and under the same conditions as the original drainage line was installed. MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's obligation to maintain the Real Estate. IMPROVEMENTS: Grantor shall neither construct nor permit to be constructed any structure, landscaping, or trees, or obstruction on or over or interfering with the construction, maintenance, or operation of any sewer and/or drainage facility or appurtenance constructed pursuant to this Easement. SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface grade of the Real Estate without the prior written approval of the City. BINDING EFFECT: The Easement shall be binding upon and shall run with the Real Estate. IN WITNESS WHEREOF, the Grantor has executed this Permanent Drainage Easement effective as of the day and year written above. • Book : 1281 Page : 785 TWI Deve • •• ent, LLC By: .�.1 Tod. '. -lsh, Member ACCEPTANCE OF PERMANENT DRAI - EASEMENT CITY OF SA '1 • . KANSAS By: I Aaron K. Householter, Mayor ATTEST: (311\klki Miki Orr-Muths, Administrative Assistant ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on May (o , 2014 by Todd E. Welsh as member of TWI Development, LLC, a Limited Liability Company. My appointment expires: ' DAN STACK Notary Public-State of Kansas •My Appt. Expires December 23,=015, Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledeed_before_me_on__May P5 , 2014, by Aaron K. Householter as Mayor and Miki Orr-Me�,,utths, Administrative Assistant /City of Salina, Kansas. My appointment expires: 10-1r-00./Iq 1// 1 CYNTHIA S. WOLFF Notary Public- State of Kan I No ary Public 1 My Appt.Expires 10—strip IL [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Bank : 1PRJ Rage : 786 Exhibit A — — Owner: TWl Development, LLC 7 I. -I Description: I I /Drainage Easement I :•I i I ` 'I The east 10.00 feet of Lot 1, Lot 7 I,,.. I Lot 8 Lot 3, Lot 4, Lot 5, Lot 6, I': ,.I and Lot 7, and the west I_. ?j , I I 10.00 feet of Lot 8, Lot 9, j . : Lot 10, Lot 11, Lot 12, Lot I'I ,'I 13, and Lot 14, all in Block I'm' ' ! 2, Pheasant Ridge Addition I Lot 6 1; ' .i Lot 9 No. 2, City of Salina, Saline H: 'S1 1o.CO County, Kansas. Less the ' Drainage Easement I :7 South 1000 feet of said Lot ‘13 I ::1 1 and said Lot 14. I p 12.00' Drainage Easement I' .I au Said Drainage Easement o Lot 5 j 1 ; j Lot 10 o o contains 8672 square feet =° • I; `i11 .z1 I�: _'1 more or less o l: 'I o a I ' .t ' +I a Lot 4 i_: - .r ;;;.I Lot 11 V.-: :-_--1 t'=1 20.00 Existing Utility EasemeElt 1} :-I I Lot 3 p‘, >:;;I Lot 12 vi 1 `,I Lot 2 Ij • Lot 13 I j 1 LY..L. I I .../k4f. - 10.00' Existing Utility an I Drainage Easement- ,gyp.'"�` eo 1°•.• _ Lot 1 :' j Lot 14 LS-1426 L. d - S y�i' WY Or SAUNA, X0 W ASH, SAUNA. KANSAS PUBLIC NpPKS- ENONEERING - UMIIIES 0 30 60 90 120 Exhibit A - Block 2. Pheasant Ridge Addition No. 2 SCALE: 1' = 60' .... Lc AP'2014 tat 1-1 16 RbUv-I a:60 �6 Ck