Lot 15, Block 7 i11111111111111111iii111iiiMIII111111111111111111111101111111111ii1ui1111lIIl
' " REBECCA SEEMAN
--,-REGISTER OF DEEDS SALINE COUNTY KANSAS
` )Book:1341 Page: 391-395
Receipt #: 116354 Recording Fee: $89.00
Pages Recorded: 5 cA
Date Recorded: 4/ 13/2018 9:30:59 AM
City of Salina, Kansas
EASEMENT ENCROACHMENT AGREEMENT AND RELEASE OF LIABILITY
This Agreement is entered into March Zi , 2018, by and between the City of Salina,
Kansas, a Kansas municipal corporation (the "City") and Matthew K. Steadham, a single person
("Owner").
Recitals
A. Owner is the fee simple owner of certain real estate commonly known as 1310
Lakeview Drive, Salina, Kansas, which is legally described as follows (the "Property"):
Lot Fifteen (15), Block Seven (7) of the Eastview Estates Addition to the City of
Salina, Saline County. Kansas
B. The City is the owner of a fifteen foot (15') sanitary sewer easement and a ten
foot (10') public utility easement which extends the entire length of Owner's Property
(collectively, the "Utility Easement").
C. In 2010, the previous owners of the Property obtained a building permit to
construct a twenty-four foot (24') by thirty foot (30') detached garage and concrete slab on the
Property but constructed the garage and concrete slab (the "Improvements") over the Utility
Easement as depicted in the attached and incorporated Exhibit A ("Encroachment Area') instead
of constructing the Improvements as shown on the site plan that was approved as part of the
building permit.
D. Owner represents to the City that the encroachment of the Improvements in the
Encroachment Area was not disclosed when he purchased the property in 2015, and the City is
relying upon Owner's representation for purposes of entering into this Agreement.
E. The sanitary sewer line located underneath the Encroachment Area was installed
in 1991 at a depth of twenty feet (20') and the full thirty foot (30') easement width is needed to
perform the excavation to access the buried line and to perform maintenance and make repairs;
the projected useful life of the sewer pipe installed in 1991 is sixty (60) years.
Book 1341. Page: 392
F. Salina Code Section 42-63(a) prohibits the placement or construction of a
building or structure within a platted or recorded public easement, unless expressly authorized by
the Governing Body; Owner acknowledges that that the Improvements are currently in violation
of Section 42-63(a).
G. Owner has requested that the City authorize the Improvements to remain in their
present location, and the City has agreed to allow the Improvements to remain in their present
location subject to the terms and conditions of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree
and covenant:
1. Incorporation of Recitals. The recitals set forth above are incorporated into this
Agreement, as if fully set forth herein.
2. Effective Date; Term. This Agreement shall be effective and shall continue until
demolition or removal of the detached garage on the Property as installed and maintained at the
location depicted on Exhibit A.
3. Authorization of Encroachment. Pursuant to Salina Code Section 42-63(a), the
City authorizes Owner, and his successors in interest and assigns, to maintain the Improvements
in the Encroachment Area subject to the terms and conditions of this Agreement. Owner shall
not expand or otherwise cause the Improvements to further encroach or infringe upon the Utility
Easement beyond what is specifically depicted in the attached and incorporated Exhibit A.
4. City's Rights.
(a) Owner, and his successors in interest and assigns, irrevocably authorize
the City and its agents to enter on to the Encroachment Area, without notice, for the purpose of
installing, repairing, replacing, or maintaining public improvements or facilities in the Utility
Easement or for any other public purpose. In the event that any installation, repair, replacement,
or maintenance work is made costlier by virtue of the construction, maintenance or existence of
Owner's Improvements, Owner shall pay to the City an amount equal to such additional cost as
reasonably determined by the City.
(b) Owner, and his successors in interest and assigns, irrevocably authorize
the City and its agents to remove or relocate all or any portion of the Improvements, or contents
thereof; for any project planned or undertaken by the City or its agents related to the installation,
repair, replacement, or maintenance of public improvements or facilities in the Utility Easement.
Owner, and Owner's successors in interest and assigns, shall be solely responsible for the cost
and expense of any such removal or relocation.
5. Release, Hold Harmless and Indemnification. Owner acknowledges that the
Improvements are inherently at risk from damage either resulting from failure of utility
lines installed in the Utility Easement or the City's need to access the Utility Easement in
response to an emergency. OWNER COVENANTS AND AGREES TO RELEASE,
2
Book 1341 Page: 393
INDEMNIFY, HOLD HARMLESS AND DEFEND, AND DOES HEREBY RELEASE,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN
CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE,
EXISTENCE OR LOCATION OF THE ENCROACHMENT AND USES GRANTED
HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR
INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. OWNER SHALL LIKEWISE
ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL RELEASE AND
INDEMNIFY THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE
ENCROACHMENTS AND IMPROVEMENTS AND ANY AND ALL ACTS OR
OMISSIONS OF OWNER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
6. Right to Independent Legal Advice. Owner understands and acknowledges the
right to have this Agreement reviewed by legal counsel of Owner's choice.
7. Applicable Law; Venue. This Agreement 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 Agreement, the sole and exclusive venue shall be in the Saline County, Kansas
District Court.
8. Severability. The unenforceability, invalidity, or illegality of any provision of
this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
9. Authority and Consent to Transaction. Each party represents to the other that
the person executing this Agreement has full and legal authority to bind such party to the terms
of this Agreement, and that the execution and delivery of this Agreement have been duly and
validly authorized by each party.
10. Persons Bound. This Agreement shall extend to and bind the heirs, executors,
administrators, trustees, successors and assigns of the parties hereto.
11. Amendments. Neither this Agreement 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 party against whom the enforcement of the change, waiver, or termination is
sought.
12. Waiver. No failure or delay by a party hereto to insist on the strict performance
of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,
3
Book 1341 Page: 394
shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any
breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every
term of this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.
13. Merger Clause. These terms are intended by the parties as a complete,
conclusive and final expression of all the conditions of their Agreement. No other promises,
statements, warranties, agreements or understandings, oral or written, made before or at the
signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
14. Binding Covenant Running with the Land. This Agreement 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 Agreement shall be recorded and indexed to the
Property in the records of the Saline County Register of Deeds.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their authorized representatives.
OWNER CITY OF SALINA
By: / lir Si' •Davis. '
/
Matthew K. Steadham, a single person Trent W. Davis, .D., Vice-Mayor
STATE OF KANSAS, COUNTY OF SEDGWICK, ss:
This instrument was acknowledged before me on March , 2018, by Matthew K.
Steadham, a single person.
_ ._ —. ._ — A _ _ y c L , 6,.,_ a
LYNN M WANGSGARD r Notary Public _J
Notary Public -State of Kansas
re,
I
. My Commission Expires'-/-.?Ot 3
Notary Public Printed Name J
STATE OF KANSAS, COUNTY OF SALINE, ss:
Apri 1
This instrument was acknowledged before me on-March- \ , 2018, by Trent W. Davis,
M.D., Vice-Mayor of the City of Salina, Kansas. .. . -, _ , _ - - - - - •
1 i APublic/L�C�-
ALLISON STRAIT otary Public DD
Notary Public- State of Kansas
MyA.ppt. Expires 10- 25-20 ►AIWDOY1 S{-yCni\-
Notary Public Printed Name
4
Book 1341 Page: 395
•
EXHIBIT A
Lakeview Drive
-11
fl t
Note: I
11
1. The utilityline locations ore :1> ' I'"
estimates only, they were not
excavated for this mop.
2. The 50" Sanitary Sewer Line is 0
i 1 r
approximately 17 feet deep. G9, ifI
5. The JO" sanitary sewer line is ; i
the only utility in the 15' 0 II /
north-south sanitary sewer
1 i 1310 Lakeview Drive
easement. %- -- Lot 15; Block 7,
4. No utilities are located in the 1 - -- -- -- --- -- —
10' north-south utility easement. Eastview Estates
Addition
' (
a
15 ft Sanitary Sewer Easement s.gg [ 10 R UT/E
;
- n - L -- -- — --- — — -
West Line of Lot 15 YAi�% A, /j;'
j�j SII
'a. / / 7j
1.21 ; . / — , II
P:1
(9
RI20 ft Ur/E & 0/E
L
LA
ill
an of SAUNA 3m n.%W suava KANSAS
PU@1C WORKS- ENO S% S0- LIVLII/fS
0 0 20 30 40 Utility Location Map
� 1310 Lakeview Drive
SCALE: 1' 20' �e
L Feb 2014 a 1
SASE -.--- 1R •
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