No. 1 Lot 1 & Lot 2 Block 9 REBECCA SEEMAN
7'.` - °`REGISTER OF DEEDS SALINE COUNTY KANSAS
,•:; eT Book: 1288 Page: 1615-1651
4.•'•-'.' Receipt 98559 Recording Fee: $32.00
414:11>-' Pages Recorded: 7
Date Recorded: 10/31/2011 9:11:18 AM
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
This Public Drainage Easement and Maintenance Covenant ("Easement and Covenant")
is made this 21+h day of 0c,to8ar 2014, by Roger and Maureen Mattison, husband and
wife ("Owners"):
Recitals
A. Owners are the owners of an approximately 12,895 square foot tract of real estate
legally described as follows ("Property"):
Lot 1, and a portion of Lot 2, Block 9, Meyer Addition to the City of Salina,
Saline County, Kansas, being more particularly described as follows:
Beginning at the Northeast corner of said Lot 1; thence S 01°17'06" E along the
East line of said Lot 1, a distance of 13.20 feet; thence continuing along said East
line, on a curve to the left, having a radius of 410.00 feet, an arc length of 102.96
feet, a chord bearing of S 08°22'09" E, and a chord distance of 102.69 feet to the
Southeast corner of said Lot 1; thence S 88°47'24" W along the South line of said
Lots 1 and 2, a distance of 120.90 feet; thence N 01°21'31" W a distance of
115.20 feet to a point on the North line of said Lot 2; thence N 88°51'00" E along
the North line of said Lots 1 and 2, a distance of 108.38 feet to the point of
beginning, contains 12,895 square feet, more or less
B. The property is located in a designated Critical Drainage Area and owners have
developed a portion of the Property for purposes of constructing and operating a preschool
facility and such development will substantially impact surface storm water runoff and drainage
on the Property.
C. The City of Salina, Kansas (`'City") has conditioned its plat approval and issuance
of a certificate of occupancy for Owners' building on the Property upon Owners' grant of a
public drainage easement, and upon Owners' promise to construct, operate, clean, maintain, and
repair a storm water detention basin and related storm water control facilities within the drainage
easement area, in accordance with the City-approved plans and specifications (the "Drainage
Facilities").
Book: 1288 Page : 1646
D. Owners have constructed the Drainage Facilities within the proposed easement
area, and the City has agreed to issue the requested certificate of occupancy subject to Owners'
grant of the public drainage easement and covenant to perpetually maintain and repair the
Drainage Facilities, in accordance with the terms and conditions set forth below.
NOW THEREFORE. in satisfaction of the conditions precedent to the City's grant of the
requested certificate of occupancy, Owners warrant. agree, and covenant as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and are
incorporated herein by this reference.
2. Grant of Public Drainage Easement. Owners, on their behalf and on behalf of
their successors and assigns (hereinafter collectively referred to as "Owners") hereby grant and
convey to the City a public drainage easement, in perpetuity. on a portion of the Property legally
described on the attached and incorporated Exhibit A and depicted on the attached and
incorporated Exhibit B ("Easement Area"); for the purpose of locating, constructing, excavating,
and maintaining the Drainage Facilities, and for the purpose of collecting and retaining surface
storm water from the Property. Owner acknowledges and agrees that the Drainage Facilities are
intended to collect and retain storm water, and once collected, the water shall not be discharged
directly to any other location, including but not limited to adjoining property or the City's storm
sewer system. Owners further grant to the City a non-exclusive perpetual easement over and
across the Property adjoining the Easement Area, for the purpose of allowing the City vehicular
and pedestrian access to inspect the Easement Area, and to exercise the rights and privileges
granted herein.
3. Construction and Maintenance of Drainage Facilities. Owners covenant and
agree to regularly and routinely, and at their own cost and expense, inspect, clean, and maintain
the Drainage Facilities, and otherwise keep the Drainage Facilities in good repair and working
order. Owner shall keep the Easement Area free and clear of all trees, shrubs, vegetation, and
materials which may impair the Drainage Facilities' function or structural integrity.
4. City's Rights; Reimbursement of Citv's Costs.
5.1. If the City determines, in its sole discretion, that the Drainage Facilities or
Easement Area are not properly cleaned, maintained, or otherwise kept in good repair or working
order, the City shall provide written notice of the deficiency to Owners. If the deficiency
remains unabated by Owners thirty (30) days after the date of the written notice, the City shall
have the right; but not the obligation, to perform such cleaning, maintenance, repairs, and
reconstruction as deemed necessary by the City Engineer to correct the deficiency.
5.2. Owners shall be liable for and shall reimburse the City for the City's
actual costs and expenses incurred in connection with the performance of any such cleaning,
maintenance, repairs and reconstruction. For purposes of this Easement and Covenant, the term
"actual costs and expenses" shall include, but shall not be limited to, the City's labor costs, tool
and equipment costs, supply costs, and engineering and design costs, regardless of whether the
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Book : 1288 Page : 1647
City uses its own personnel. tools, equipment, and supplies. If such actual costs and expenses
are not fully paid within thirty (30) days after delivery to Owners of a written request for
reimbursement from the City, such costs may be assessed against the Property. The City Clerk
shall, at the time of certifying assessments to the County Clerk, certify, any such costs and expenses,
and the County Clerk shall extend the same on the tax rolls of Saline County against the Property,
which shall be collected and paid to the City as other assessments are collected and paid. Owners
acknowledge and agree that the City may, in addition to or in lieu of levying such costs and
expenses against the Property, maintain an action against Owners for collection of such costs in the
same manner as any other obligation owed to the City.
5. No Modification of Drainage Facilities. Owners shall not make any material
modification to the Drainage Facilities, except for corrective repairs and maintenance, unless and
until the City Engineer has approved in writing the plans and specifications for the proposed
modification.
6. Indemnification. To the fullest extent permitted by law, Owners shall defend,
indemnify, and hold harmless the City, its agents, representatives, officers, officials and
employees from and against all claims, damages, losses and expenses (including but not limited
to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury
to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent
that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have
resulted from the wrongful acts, errors, mistakes, omissions, or defective work or services of the
Owners, its employees, agents, or any tier of subcontractors in the performance of this Easement
and Covenant.
7. Notices. All notices required or permitted to be given pursuant to this Easement
and Covenant shall be in writing and delivered personally or sent by registered or certified mail,
return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air
courier service. Notice shall be considered given when received on the date appearing on the return
receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if
sent by registered or certified mail or commercial courier service; or the next business day, if
sent by overnight air courier service. Notices shall be addressed as appears below for each party,
provided that if any party gives notice of a change of name or address, notices to the giver of that
notice shall thereafter be given as demanded in that notice.
CITY: City Clerk
P.O. Box 736
Salina, KS 67402-0736
OWNER: Roger and Maureen Mattison
485 Upper Mill Heights Drive
Salina, KS 67401
8. Binding Covenant Running with the Land. This Easement and Covenant shall
run with the land and shall be binding upon all parties now having or hereafter acquiring any
right, title, or interest in the Property or any part thereof. A copy of this Easement and Covenant
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Book : 1288 Page : 1648
shall be recorded and indexed to the Property in the records of the Saline County Register of
Deeds.
9. No Waiver. No waiver of default by the City of any of the terms, covenants, and
conditions hereof to be performed, kept, and observed by Owners shall be construed, or shall
operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions
herein contained to be performed, kept, and observed by Owners.
10. Attorney Fees. In the event the City is required to bring an action to enforce the
terms of this Easement and Covenant, the City shall be entitled to its reasonable attorney fees and
expenses.
11. Applicable Law; Venue. This Easement and Covenant and its validity,
construction and performance shall be governed by the laws of Kansas. In the event of any legal
action to enforce or interpret this Easement and Covenant, the sole and exclusive venue shall be in
the Saline County, Kansas District Court.
12. Severability. The unenforceability, invalidity, or illegality of any provision of this
Easement and Covenant shall not render the other provisions unenforceable, invalid, or illegal.
13. Ownership. Owners covenant that Owners own the Property and have the right,
title, and capacity to grant this Easement and Covenant.
14. Persons Bound. This Easement and Covenant shall extend to and bind the heirs.
executors, administrators, trustees, successors and assigns of Owners.
15. Amendments. Neither this Easement and Covenant nor any of its terms may be
changed or modified, waived, or terminated except by an instrument in writing signed by an
authorized representative of the City.
{Remainder of Page Intentionally Blank}
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Book : 1288 Page : 1649
IN WITNESS WHEREOF, Owners have executed this Easement and Covenant
effe ive as of the day and year written above.
Ro' -r Mattison, Owner Maureen attison, Ownek
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Oc ,t&,t art 41, 2014, by Roger
Mattision and Maureen Mattison, husband and wife.
LOUISE DUPES CAD �
MP �
Notary
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.My Appt. Explrert 011-43.-9 v 151 Notary Public
ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY OF SALIN e , KANSAS
•
By:
Aaron . Householter, Mayor
ATTEST:
Sh di Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on delete a7 , 2014 by Aaron K.
Householter, Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for the
City of Salina, Kansas.
kcagg.agv,
MICHELE R.ORR-MOTHS l t o . Public
> ' Notary Public-pState of Kansas J
My Appt.Expires �tt'1�t
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Book : 1288 Page : 1650
EXHIBIT " A "
EASEMENT DESCRIPTION:
DRAINAGE EASEMENT g1
THAT PORTION OF LOT 1, BLOCK 9, MEYER ADDITION TO THE CITY OF SALINA, COUNTY OF SALINE.
STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 AND THE BEGINNING OF A CURVE TO THE
RIGHT;
(HENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1 AND THE ARC OF SAID CURVE HAVING A
RADIUS OF 410.00 FEET, AN ARC LENGTH OF 7.21 FEET. AN ASSUMED CHORD BEARING OF N 15'03'35-
W, AND A CHORD DISTANCE OF 7.21 FEET TO THE NORTH LINE OF A SEVEN FOOT WIDE UTILITY
EASEMENT AND THE POINT OF BEGINNING; THENCE S 88'47'24" W. ALONG SAID NORTH LINE, A
DISTANCE OF 32.29 FEET; THENCE
N 01'00'00" W A DISTANCE OF 53.02 FEET; THENCE N 89'00'00" E A DISTANCE OF 23.15 FEET TO
SAID EAST LINE OF LOT 1 TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 410.00 FEET, AN ARC LENGTH OF
53.72 FEET, A CHORD BEARING OF S 10'48'08° E, AND A CHORD DISTANCE OF 53.69 FEET TO THE
POINT OF BEGINNING.
BASIS OF BEARINGS:
•
THE BASIS OF BEARINGS FOR THIS EXHIBIT IS AN ASSUMED BEARING OF N 88'50'44" E ALONG THE
NORTH LINE OF BLOCK 9, MEYER ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
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PH. (785) 823-3400 I FAX (785) 823-3411
E13S0842 SEPT 17, 2014
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