Lot 1, Block 1 - Stormwater Detention Easement #1 •
•
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REBECCA SEEMAN
r..:[0..„ .•REGISTER OF DEEDS SALINE COUNTY KANSAS
-$. :: Page: 1332-1339
Receipt #: 119934 Recording Fee: 5140.00
Pages Recorded: 8C' N
Date Recorded: 11/9/2018 9:49:44 AM
PUBLIC.DRAINAGE EASEMENT.AND.MAINTENANCE COVENANT
This Public Drainage;Easement and Maintenance Covenant:("Easement and Covenant")
is made this 22-04 day of October, 2018;'by Foley Equipment Company;a Kansas Corporation,
("Owner"):
Recitals
A. Owner is the.owner of a tract.of real estate `legally described as Lot.One (1),
Block One,(.1),, in the Replat of Foley Addition to-the City Of*Salina, Saline County, Kansas
("Properly")
B. The Owner is developing:the Property with:a heavy-equipment sales and service
:facility and- such development dray impact surface storm "water:.runoff and drainage on the
Property.
C. The City Salina,Kansas ("City") has conditioned:its•issuance of a certificate of
occupancy for Owners :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:Fac i l i li es').
D. Owner•has construated the Drainage Facilities within-the-proposed easement area,
and the City has agfeed.to issue:the requested certificate of occupancy subject to Owner's-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 occupanby,.Owneragrees, 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 pants and
conveys to the Citya.public drainage easement,:in perpetuity, on a portion of the:Property:legally
described and depicted on the attached and incorporated Exhibit A (the "Easement Area") for
the purpose.oflocating,and maintaining the Drainage:Facilities, and for the purpose of collecting
Book 1349 Page: 1333
and detaining surface Storni Water.runoff.fromn the Property: Owner further grants to the City a
non-exclusive perpetual easement,oser and across the Property adjoining:the Easement.Area, for
the purpose of allowing the City vehicular and.pedestrian access to'inspect the Easement Area,
andto exercise the rights:and privileges granted herein.
3. Construction and.Maintenaince of Drainage Facilities. Owner covenants and
agrees to regularly and routinely; and at their owmcosuandexpense, 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 allimprovements, including-trees,
shrubs and other vegetation, which mayimpair the Drainage Facilities' function or strvetural
integrity; 'provided that Owner may install general landscaping,. shrulis, trees, vegetation and
other foliage in accordance with the Owner's landscaping planapproved byribe City, including
anyand all replacements thereof.:
4. City's Rights; Reimbursementof City's Costs.
5.1. If'the City determines, inits 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 Cityshall 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 toextension for adverse'weather conditions ifnecessary), the City shall have the
right, but hot 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;forand 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. Forpurposes of this,Easement and Covenant, the term
"actual costsand_ 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,eollected 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 theplans and specifications for the proposed
modification.
6. Indemnification. To the fullest extent permitted by law, Owner .shall defend,
indemnify andhold harmless the City, its 'agents, representatives, officers, officials and
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Boole 1349 Pages 9334
employees from and against all claims, damages, losses and expenses (including but not limited
to attorrtey 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 hive
resulted from the wrongful acts; errors, mistakes, omissions, ordefective work or services of the
Owner, its employees, agents, or anytierof subcontractors in the.performance of this Easement
and.Covenant.
7. Notices. All notices required ocpermitted to be-given pursuant to this Easernent
and Covenant shall be in writing and delivered personally oe sent by"registered or certified mail.
return receipt requested, or by generally.recogiized, prepaid,commercial courier or overnight air
courier service. Notice shall considered {-Oven when received:on the date.appearing on the return
receipt, but if.thelreceipt is not returned within five(5) days, then three (3) days after mailed, if
sent by registered or certifiedmail 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 thereafterbe.given as'demanded.in that;noticet
CITY: City Clerk
.P.O. Box 736
Salina, KS 67402-0736
OWNER: do Foley Industries,,Inc.
Attn: Doug Stuhlsatz, Vice President
1550 S. West Street
Wichita, KS 67213
8. Binding Covenant Running with the Land. This Easement.and Covenant shall
run with the landand shall be binding:upon all,parties now having 'Or hereafter: acquiring any
,right; title, or interest in the or any partthereof. 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 defaultby 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 Ito.be.performed;.kept,and observed by Owner.
10. Attorney Fees: lir the event the,City is required to bring an action to enforce the.
terms of this Easement and Covenant, the City shallbe entitled to its reasonable attorney fees and
expenses.
11. Applicable Law; Venue. This Easement and Covenant and its validity,
construction and.perfonhancc shall be•goyerned by the laws of.Kansas. In the event of any legal
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Book 1349 Page: 1335
action to enforce or interpret this Easement and Covenant, the sole and exclusive venue shall be in
the Saline County, KansasDistriet 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 Easeinent,and Covenant has,full_and'legal authority to bihd 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.mor any of its terms may be
changedor modified, waived, or terminatedexcept by an instrument in writing signed by an
authorized representative of theCity.
{Remainder of cage Intentionally Blank}
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Book 1349 Page 1336
IN WITNESS WHEREOF, Owner has executed this Easement and Covenant effective
as of the day and year written above.
By: Foley Equ' ent Company, a Kansas corporation,.its Vice President
By
Name: Doig St hls
Title: Vice P ent
STATE OF KANSAS
SS
COUNTY OF SEDGWICK
This instrument was ackno Qledged before me on October 2 -'< 2018, by Doug
Stuhlsatz, as Vice President.of Foley Equipment Company:
NOTARY PUBLIC-State of Kansas Nota Public
®�y
. KAREN R. McCORKLE �l r
My Appt E�ires 1-13-20a0 h v-L- P . ' V `
Notary-Public Printed Name
ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY'OF SALINA.. KANSAS(�
By: cewX Is w
Karl.F: yan, Mayor
ATTEST:
At/too/Sr cAufki
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS. COUNTY'OF SALINE, ss:
I4e.ra nber
This instrument was acknowledged before me on Oeh,Lcr S , 2018 by Karl F. Ryan,
Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerkfor the City of Salina,
Kansas.
DAN STACK R�
a5 I:o:ay Pu^ic-state of Kansas Notary Public
MY/,pp:. Exaires Occemberl3,2019 C5;1---
Da n 6 to GK
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Book 1349 Page: 1337
EXHIBIT A
EASEMENT DESCRIPTION
(two pages)
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Book 1349 Page: 1338
EXHIBIT A
STORMWATER DETENTION EASEMENT #1
REPEAT OF FOLEY ADDmON
CITY OF SALINA, KS
STORMWATER DETENTION EASEMENT#1
OWNER: FOLEY EQUIPMENT CO
LEGAL DESCRIPTION:
A tract of land located in the Replat of Foley Addition in the East Half of the Northeast
Quarter of Section 36,Township 13 South, Range 3 West of the 6th P.M., City of Salina,
Saline County, Kansas described as follows:
•
Beginning at the Northeast corner of Lot 1, Block 1 Replat of Foley Addition from whence
the Southwest corner of Block 1 Replat of Foley Addition bears S 58°00'26" W a distance of
943.67 feet;
From the Point of Beginning, thence S 01°03'56" E along an east line of said Lot 1 a distance
of 58.01 feet to a point 58.00 feet distance south, measured at right angles, of the north line
of said Lot 1;
Thence S 89°52'32" W parallel with and 58.00 feet south of said north line a distance of
782.44 feet to a point 20.00 feet east, measured at right angles, of the west line of said Lot 1;
Thence N 00°07'58" W parallel with and 20.00 feet east of said west line a distance of 0.41
feet to a point 40.00 feet southeasterly, measured at right angles, of the northwesterly line of
said Lot I;
Thence N 59°50'58" E parallel with and 40.00 feet southeasterly of said northwesterly line a
distance of 500.46 feet to a point 40.00 feet southerly, measured at right angles, of the
northerly line of said Lot 1;
Thence N 75°03'10" E parallel with and 40.00 feet southerly of said northerly line a distance
of 29.13 feet to a point on an east line of said Lot 1, the northeast corner of which bears N
00°03'12" W a distance of 41.39 feet;
Thence S 00°03'12" E along said east line a distance of 200.29 feet to the north line of said'
Lot 1;
Thence N 89°52'32" E along said north line a distance of 320.27 feet to the Point of
Beginning; ..`.,, .'U.....
fi 04.
i. • ••• •••••
$ Said tract contains 80,165 square feet, more or less.
r a?- -z'3
cail4 "ft
SHERD
2 OF 2 WI t 1E1•••bdd{(ce •`
t__ r= 100• &COMP '► ?Sd °9"
TM,,BY:
WL 8-262018
°«BD
aro 8-28-2018 Foley Industries
PROENc";
1601 E 77th St N
�.
Park City KS. 67147
NO REMS/ONDESCIOPOOR BY DATE OWE) .PPD
Book 1349 Page: 1339
EXHIBIT A
STORMWATER DETENTION EASEMENT #1
REPEAT OF FOLEY ADDITION
CITY OF SALINA, KS
e.
•
N75°03'10"E L.+
45.11'
" N75°03'10"E
li r
29.13'
Sc65.,F. c _ ry r
e-
9°5 .5%5% - - c o
•.• 50 _� r POB NE COR.LOT 1,
po y 9 ) c BLOCK I
y a
q. • s
o
- . I N89°52'32"E
1320,27) -
N00°07158"N' :-" - - ��` _ S01°03'56"E
20.00' I-- - S89°52'32"W Tr----
EXISTING STORMWATER STORMWATER DETENTION •
I--
46
3
DETENTION EASEMENT 8
4tiESE
MENT#1
8093square feet
N TDA S5a.
Z REPLAT OF FOLEY ADDITION
BLOCK 1,LOT 1
SW Cor.E12,NEI4
//,—SECT.36-TI3S-R3 W
/ SW Cor.BLOCK I SOUTH LINE OF SE Cor.NE/4
/ REPLAT OF FOLEY ADDITIONSect.36-T135-R3W
L. N89°56116"E
J
BASIS OF BEARINGS:BEARINGS SHOWN
HEREON ARE BASED ON THE PLATTED
MEASURED BEARINGS AS SHOWN ON THE
REPEAT OF FOLEY ADDITION.
S = SECTION CORNER
r-771.--r.... =EASEMENT AREA
=EASEMENT BOUNDARY LINE POB=POINT OF BEGINNING
— - - — = RIGHT OF WAY LINE NOTE: THIS DOES NOT CONSTITUTE
=PROPERTY LINE A BOUNDARY SURVEY
SHT.NO: ��q��+/�
1 OF2 --IWV 1700 East 67 Ave.
Salina,KS 67401
scat E: 1-=150' &COMPANY Fax
OWN.BY: DATE:
MA 8-28-2018
CWT.BY: Foley Industries
DHO 8-28-2018
PROJ.I,DR:
1601 E 77th St N
"'n Park City KS. 67147
CLIENT APP:
NO.
REVISION-DESCRIPTION BY DATE CHAD APPO