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NE4-S35-T14S-R3W -- _ - .—•°• REBECCA SEEMAN 't ..--•`•.mot EGISTER OF DEEDS SALINE COUNTY KANSAS /i':t°""a`:1.% Book: 1175 Page: 115 ;.i `Foos-`•/ Receipt •: 49172 p Recording Fee: 428.DO 4.,.:��', Pages Recorded: 6/": '\I gars fill Date Recorded: 6/16/200B 4:24:47 PM GRANT OF PERMANENT DRAINAGE EASEMENT THIS INDENTURE, made this 11 day of March, 2008, by and between GATEWAY ADAMS, INC., a California 501(c)(25) corporation with an address of do Emmes Asset Management Co, LLC, 420 Lexington Avenue, Suite 900, New York, NY 10170, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the"City"): • WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City that certain portion of land owned by the Grantor as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as a public drainage easement, in perpetuity, (the "Drainage Easement") for the purposes of locating, constructing, excavating, and maintaining: Stormwater detention facilities, including swales, ditches, pipelines, inlets and pumps for the purpose of collecting, detaining and transmitting surface storm water. Grantor acknowledges that this Grant of Permanent Drainage Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. Grantor hereby covenants that they are the lawful .. ers of the described real estate and have the right, power, and autho - to onvey the rights granted hereby. IN WITNESS WHEREOF, the Grantor has hereu to a -ed this instrument to be executed the day and year first above written. Gateway Adams, Inc. By Bmmea Asset L. ,1' ,e• LLp Its: Authorized Agent :`►►i'I� BY (fart'DL Tlschler. A II : 2276766vr Book: 1175 Page:a 416 STATE OF? , /COUNTY, ss: /BE IT REMEMBERED, that on this l6day of 7X,--r 2008, before me, the undersigned, a notary public in and for the county and state aforesaid, came Gztry M. T,schler, /-wtorized Sena-le erj of Gateway Adams, Inc., who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duty acknowledged the execution of the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. fret' Notary Pub' Commission Expires: — GRACE ALVAREZ /& G O// teary Public - state of New York NO. 0146172263 Qualified In Nassau C?yih/ My Commission Expires eltfid// 2216766v1 Rook: 1175 Page: 417 CITY OF SALINA, KANSAS ACCEPTED BY: ' . _ -' John K. -nier II, Mayor ATTEST: Lieu Ann Elsey, City q'r rrk STATE OF KANSAS, COUNTY SALINE, SS: On this /a{%` day of May 20g8, before me a Notary Public in and for said state, personally appeared Johr�anier II, 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. • L Notary Public r SHANDI L. WICKS ti Notary Public- State of Kansas as"rA My Appt.Expires L f 1 Pail • • Rook: 1175 Page: 418 • EXHIBIT A LEGAL DESCRIPTION for Drainage Easement A tract of land located in the Northeast Quarter(NE 'A) of Section Thirty-five (35), Township Fourteen (14) South, Range Three (3)West of the 6th Principal Meridian, in Saline County, Kansas, being more particularly described as follows: Beginning at the Southwest corner of Lot 1, Midstate Plaza Addition. Said point also being the Northwest corner of Lambertz Addition. Said point also being on the East line of Interstate Highway 1-135. THENCE along a curve to the left having a radius of 5879.58 feet and an arc distance of 155.89 feet, chord of said curve being North 09' 21' 29°West a distance of 155.88 feet along the West line of said Midstate Plaza Addition and along the East line of said Interstate Highway 1-135; THENCE North 79' 57'17" East a distance of 24.95 feet along the West line of said Midstate Plaza Addition and along the East line of said Interstate Highway 1-135; THENCE North 10'54'21"West a distance of 231.86 feet along the West line of said Midstate Plaza Addition and along the East line of said Interstate Highway 1-135; THENCE North 00'10'26" East a distance of 875.56 feet along the West line of said Midstate Plaza Addition and along the East line of said Interstate Highway 1-135; THENCE North 4225'49" East a distance of 118.93 feet along the West line of said Midstate Plaza Addition and along the East line of said Interstate Highway 1-135; THENCE North 85'02'43" East a distance of 75.37 feet along the North line of said Midstate Plaza Addition and along the South line of Magnolia Road; THENCE North 89'38'50" East a distance of 440.00 feet along the North line of said Midstate Plaza Addition and along the South line of Magnolia Road; THENCE South 00'21'10"East, perpendicular to the north line of said Midstate Plaza Addition, a distance of 30.00 feet; THENCE South 89'38'50"West, parallel to the north line of said Midstate Plaza Addition, a distance of 469.17 feet; 2276766v1 • Book: 1175 Page: 419 • THENCE South 42'25'49"West, parallel to the north line of said Midstate Plaza Addition, a distance of 127.95 feet; THENCE South 00'10'26"West, parallel to the north line of said Midstate Plaza Addition, a distance of 790.00 feet; THENCE South 10'54'21" East a distance of 449.16 feet to a point on the south line of said Midstate Plaza Addition and the north line of said Lambertz Addition; THENCE South 90'00'00"West, along the south line of said Midstate Plaza Addition and the north line of said Lambertz Addition, a distance of 81.21 feet to the POINT OF BEGINNING. 2276766v! • Book: 1175 Page: 420 • EXHIBIT 'B' — DRAINAGE EASEMENT LOCATION MAP MAGNOLIA ROAD -- 75.3i------------ -- -- —I-\_NE NTS r 30.00' 500°21'10"E � �. I N85'02'43'E 440.00' N89'38'50"E __ ctt IF 1/4 ,borh/FR i '' 4-69..17 S-39•-38..5-01W tM 4/ :/y 4 mwn REFCma TIES,,//45 0 F);]ST r; 70' WNW LOT 2 RI. UTILITY EASFMENT Proposed Storm 5a`L' IPER PLAT) Water Drain ' PROPOSFD I.' � XISTTNG 20' WIDE . DRAINAGE FASEMFNT UTILITY EASEMENT 1 9)ER PLATT 1-135 Aft I- I = PROPOSED DRAINAGE EASEMENT LOT 3 NI tG LOT 4 1 z § MIDSTATE PLAZA 1 8 ADDITION -- LOT 1 LOT 5 1 _ II 1 7 c'°' Ilet, 1 LOT 6 1 4 .III 11 14 '- N 24.95' f ..I'_.1 N79•S7'17"E v 1A m II- .1 i AL=155.89' ; I 1 CAPITOL R=5879.58' I,.I. "1 FEDERAL CN9'2129'W CAD B=N9'21'29'W �° _ ____1 P.O.B. I 1 60.61' S9O'00'00'W I I 1 1 I LAMBERIZ ADDITION R 3 W 1 I MAGNOLIA ROAD 1 I 1 1 it.-t„ I 1 T III 1 '14� © I �vi 5 lea ILL -- -- -- SCHILLING ROAD ^ KE I/4 ILIV I nrATION MAP , `® m'1 1lm BAR NOT TO SLAY FROW town xavmrs 11FS 2,m Dole- 1:I�Li