SW4-6-T14S-R3W REBECCA SEEMAN
"•iREGISTER OF DEEDS SALINE COUNTY KANSAS
,, ;,°,: k,))Book:1341 Page: 1388-1395
::' Receipt #: 116577 . 1 Recording Fee: $140.00
Pages Recorded: 8 c N
Date Recorded: 4/27/2018 11:56:49 AM
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
This Public Drainage Easement and Maintenance Covenant ('Easement and Covenant")
is made this y,$}h day of February, 2018, by NETS (Salina), LLC, an Illinois limited liability
company ("Owner"):
Recitals
A. Owner is the owner of a tract of real estate legally described on Exhibit C
attached hereto ("Property")
B. The Owner is developing the Property with a multi-tenant retail center and such
development may impact surface storm water runoff and drainage on the Property.
C. The City of Salina, Kansas ("City") has conditioned its issuance of a certificate of
occupancy for Owner's building on the Property upon Owner's grant of a public drainage
easement, including a surface level storm water detention basin and related facilities within the
drainage easement area, in accordance with the City-approved plans and specifications (the
"Drainage Facilities").
D. Owner has constructed the Drainage Facilities within the proposed easement area,
and the City has agreed to issue the requested certificate of occupancy subject to Owner's grant
of the public drainage easement and covenant to 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, Owner agrees, and covenants 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. Owner, on its behalf and on behalf of its
successors and assigns (hereinafter collectively referred to as "Owner") hereby grants and
• conveys to the City a public drainage easement, in perpetuity, on a portion of the Property legally
described on the attached and incorporated Exhibit A's and depicted on the attached and
incorporated Exhibit B's (collectively the "Easement Areas"), for the purpose of locating and
maintaining the Drainage Facilities, and for the purpose of collecting and detaining surface storm
water runoff from the Property. Owner further grants to the City a non-exclusive perpetual
Book 1341 Page: 1389
easement over and across the Property adjoining the Easement Areas, for the purpose of allowing
the City vehicular and pedestrian access to inspect the Easement Areas, and to exercise the rights
and privileges granted herein; provided that such access shall not interfere with the operations
and businesses located on the Property.
3. Construction and Maintenance of Drainage Facilities. Owner covenants and
agrees 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 Areas free and clear of all improvements which may
impair the Drainage Facilities' function or structural integrity; provided that Owner may install
general landscaping, shrubs; trees, vegetation and other foliage in accordance with the Owner's
landscaping plan approved by the City, including any and all replacements thereof.
4. City's Rights; Reimbursement of Citv's Costs.
5.1. If the City determines, in its sole but reasonable discretion, that the
Drainage Facilities or Easement Areas are not properly cleaned, maintained, or otherwise kept in
good repair or working order, the City shall provide written notice of the deficiency to Owner. If
the deficiency remains unabated by Owner within thirty (30) days after the date of the written
notice (subject to extension for adverse weather conditions if necessary), 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. Owner 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
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 Owner 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. Owner
acknowledges and agrees that the City may, in addition to or in lieu of levying such costs and
expenses against the Property, maintain an action against Owner for collection of such costs in the
same manner as any other obligation owed to the City.
5. No Modification of Drainage Facilities. Owner 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, Owner 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
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Book 1341 Page: 9390
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
Owner, 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: do Net 3 Real Estate, L.L.C.
Attn: David Cunningham, Manager
220 North Green Street
Chicago, IL 60607
With a copy to: Haugh & Associates, Ltd.
Attn: Valerie Haugh
525 Dee Lane, Suite 200
Roselle, IL 60172
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
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 Owner 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 Owner.
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.
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•
Book 1341. Page: 1391
11. Applicable Laws 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. Authority and Consent to Transaction. Owner represents that the person
executing this Easement and Covenant has full and legal authority to bind Owner to the terms of
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 Owner.
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 1341 Page: 1392
IN WITNESS WHEREOF. Owner has executed this Easement and Covenant effective
as of the day and year written above.
NETS (Salina). LLC; an Illinois limited liability company
By: Net 3 Real EEstate�L.L.C., an Illinois limited liability company, its Manager
By:
SCS , /
Name: David E. Cu gham
Title: Manager
STATE OF ILLINOIS
SS
COUNTY OF COOK
This instrument was acknowledged before me on February 2.-c- , 2018, by David E.
Cunningham, as manager of Net 3 Real Estate, L.L.C., the manager of Net3 (Salina) LLC.
jt _ HEATHER L MSeal D 4,etzsz-kbyUlette
I•
.� ' Olticial Seal c
Notary Public -State of Illinois Notary Public
11 r lily Commission Expires Dec 19,2020. .j
421\
&4T t(te_ n l zAjo ft'4-Q
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ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY OF SSAALNA, KANSAS
By:
ATTEST: Trtrlt W.Davis, M.m., Vies Mayor
Saaria
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
AP<t\ Trent W.
This instrument was acknowledged before me on-Febr[P ry 23 , 2018 by Aaron K,
C41 ,j,elt, .. Mayor of the City of Salina. Kansas, and Shandi Wicks, CMC, City Clerk for the
City of Salina. Kansas.
favi Si M.11., Vice Mayor .
t otary Public
ALLISON STRAIT RI1t`7On SFvui{
aNotary Public - Stale el 'L`-aases • .
My App;. ExpiresIU .-
Book 1341 Page: 1393
EXHIBIT 'A'
DRAINAGE EASEMENT DESCRIPTION:
A PORTION OF BLOCK 1, MEADOWLARK ACRES ADDITION NO. 2 TO THE CITY OF SALINA,
COUNTY OF SALINE, STATE OF KANSAS, ALL LYING IN THE SOUTHWEST QUARTER OF
SECTION 25, TOWNSHIF 14 SOUTH, RANGE 3 WEST OF THE 6TH PRINCIPAL MERIDIAN,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE S 89'33'23" E 86.75 FEET;
THENCE N 00'19'12" E 40.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 1;
THENCE ON THE SOUTH LINE OF SAID BLOCK 1, 5 8T33'23" E 199.10 FEET;
THENCE N 00'26'37" E 215.98 FEET TO THE POINT OF BEGINNING;
THENCE N 0014'55" E 14.11 FEET TO THE BEGINNING OF A CURVE TO THE LEFT;
THENCE NORTHWESTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00
FEET, AN ARC LENGTH OF 23.56 FEET, AND WHOSE CHORD BEARS N 44'45'05" W 21.21
FEET;
THENCE N 89'45'05" W 89.35 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE NORTHWESTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00
FEET, AN ARC LENGTH OF 23.56 FEET, AND WHOSE CHORD BEARS N 44'45'05" W 21.21
FEET;
THENCE N 00'14'55" E 1.09 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE EASTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 19.00 FEET, AN
ARC LENGTH OE 37.73 FEET, AND WHOSE CHORD BEARS N 57'07'51" E 31.53 FEET;
THENCE S 65'59'12" E 15.57 FEET;
THENCE S 74'47'14" E 94.31 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE SOUTHEASTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00
FEET, AN ARC LENGTH OF 26.19 FEET, AND W.—;OSE CHORD BEARS S 37'16'10" E 24.36
FEET;
THENCE S 00'14'55" W 7.65 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE NORTHWESTERLY ON THE ARC OF SAID CURVE HAVING A RADIUS OF 5.00
FEET, AN ARC LENGTH OF 7.85 FEET, AND WHOSE CHORD BEARS S 45'14'55" W 7.07
FEET;
THENCE N 89'45'05" W 22.50 FEET TO THE POINT OF BEGINNING.
END OF DESCRIPTION \\111111111/i,
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JASON R. LOADER
KANSAS RLS NO. 1462
load erj@kven g.corn
2319 NORTH JACKSON I P.O. BOX 1304
JUNCTION CITY, KANSAS 66441
PH. (785) 762-5040 I FAX (785) 762-7744
jcCkveng.com I www.kveng.com 1 OF 2
♦ KAW VALLEY ENGINEERING JANUARY 24, lois
1666EXBG DRAINAGE ESMNT
Book 1341 Page: 1394
EXHIBIT 'B'
VACATED \ `\
1 /V \\
CENTURY 6.1.- \ �, . \ S 65'59'12" E 15.57'
PLAZA DRIVE.,} �\ \R_\,2� 0\ \ INGRESS EGRESS
Irk \ EASEMENT L=26.19'
(PRIVATE DRIVE)�I \ 1\<h�• G Pte.�N�� \� MISC BOOK 139, R=20.00'
=37.\73' O÷^i 7- PAGE 516
111 I. �=19.00'
o ,m CB=S 37'16'10" E
i \\ CD=24.36'
CB=N 57'0751=EJ / N s,
I CD- 31.a- , \N: ;/ \ \,4142-r4.. \
II iII I j \ — �s1' ----------S-00'.14'55"---W-
_
g N 00'14'55" E 1.09' \\ _ �' \5-00' 4'55" W
I 7.65'
L=23:56' I' .'.N�:89`45'05 -W �\
R=15.00' 895' \ ��
Sb CB=N 44'45'05" W 11 =`
I ICD=21.21' L=23.56' .; ) �
I ,I R=15.00' !,
1, v PROPOSED -CE''N 44'45'05" W I ' '
DRAINAGE CD=21.21'
� EASEMENT I ' L=7.85'
' N 00'14'55" E R=5.00'1
�^ p4 - 14-1r.
T'— j CB=S 4514'55" W
\ PRO.OSED I POINT OR ' -00-
BEGINNING..
. _ CD=7.07'
) DRAINAGE C BEGINNING' ;
I'. I EASEMENT I li _ N :89'45'05" W
(� N 2 :50'
BLOCK 1 1111)
SCALE: I : MEADOWLARK, ACRES !' 1L'
1"=50'
I - PROPOSED
[poo9noNNo. 2
O'-P11&LUC • • ,I N' PROPOSED ./ _
`J 1SIDEWALK EASEMENT ' ' "'p'
IV ��� Ji iI O. 20' UTILITY
\ \ \— ASEMENT i
,/w T--.— - H i - -
M I 45' FLOOD ril \
N I iwr_doNTPai—c-hcF.r_:.
r7 (PER PLAT)
a S 89'33'23" E 199.10' I, (0T
r
NCO I SW COR BLOCK 1 I I.]
ISN 00'19'12" E MEADOWLARK ACRES
ADDITION NO. 2MAGNOLIA
1t 40.00' — — \ROAD R/W
POINT OF COMMENCEMENT
SW COR, SW 1/4, SEC 25, T-14-S, R-3-W
2319 NORTH JACKSON I P.O. BOX 1304
JUNCTION CITY, KANSAS 66441
PH. (785) 762-5040 I FAX (785) 762-7741
jc@kveng.com I www.kveng.com 2 OF 2
♦ KAW VALLEY ENGINEERING JANUARY 2 2 2018
1666EXBG DRAINAGE ESMNTMNT
Book 1341 Pager 1395
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Block 1, MEADOWLARK ACRES NO. 2, an addition to the City of Salina, Saline County,
Kansas.
EXCEPT the East 215.22 feet of said Block 1, all lying in the Southwest Quarter of Section 25,
Township 14 South, Range 3 West of the 6th P.M., Saline County, Kansas, more particularly
described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 25; thence South
89 degrees 34 minutes 28 seconds East, along the South line of said Southwest Quarter, a
distance of 87.20 feet to the point of intersection of the East right-of-way line of 9th Street;
thence North 00 degrees 17 minutes 55 seconds East, along the said East right-of-way line of 9th
Street, a distance of 30.00 feet to the Southwest corner of Block 1, Meadowlark Acres Addition
No. 2, and the point of beginning; thence South 89 degrees 34 minutes 28 seconds East, along
the South line of said Block 1, a distance of 281.00 feet; thence North 00 degrees 17 minutes 55
seconds East, parallel to the West line of said Block 1, a distance of 231.79 feet to the North line
of said Block 1; thence South 74 degrees 46 minutes 10 seconds East, along the North line of
said Block 1, a distance of 126.88 feet; thence continuing along the Northerly line of said Block
1 on a tangent curve to the right having a radius of 125.00 feet, the long chord of which bears
South 37 degrees 10 minutes 19 seconds East and a chord length of 152.53 feet, along an arc
length of 164.05 feet; thence South 00 degrees 25 minutes 32 seconds West, along the East line
of said Block 1, a distance of 78.52 feet to the Southeast corner of said Block 1; thence South 89
degrees 34 minutes 28 seconds East, a distance of 50.00 feet; thence North 00 degrees 25
minutes 32 seconds East, parallel to the Easterly line of said Block 1, a distance of 78.52 feet;
thence continuing on a tangent curve to the left having a radius of 175.00 feet, the long chord of
which bears North 37 degrees 10 minutes 19 seconds West a distance of 213.54 feet, along an
arc length of 229.67 feet; thence North 74 degrees 46 minutes 10 seconds West, a distance of
283.18
feet; thence continuing on a tangent curve to the right having a radius of 125.09 feet, the long
chord of which bears North 37 degrees 17 minutes 28 seconds West a distance of 155.22 feet,
along an arc length of 163.64 feet; thence South 89 degrees 29 minutes 29 seconds West, a
distance of 50.01 feet to the West line of said Block 1; thence South 00 degrees 17 minutes 55
seconds West, along the West line of said Block 1, a distance of 439.67 feet to the Southwest
corner of said Block 1 and the point of beginning.
Together with that part of the vacated Century Plaza Drive located within Meadowlark Acres
Addition Number 2, vacated per Ordinance No. 87-9190, a copy of which is recorded in Misc.
Vol. X139, Page 940
8