Lots 1 & 3 • IIIII II III INTI II II I II I III 1I ILII Ill!IIID IIII Viii'III II I II►ILII III
REBECCA SEEMAN
�L ,...* REGISTER OF DEEDS SALINE COUNTY KANSAS
Book:1352 Page: 723-739A
Receipt #: 121296 Recording Fee: 5140.00
Pages Recorded: 8 C A�
Date Recorded: 2/8/2019 9:50: 13 AM
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
This Public Drainage Easement and Maintenance Covenant ("Easement and Covenant")
is made this 24th day of January 2019. by EXCHANGE BANK. a Nebraska corporation
("Owner"):
Recitals
A. Owner is the owner of Lots One (1) and Three (3) in the Green Lantern Addition
to the City of Salina, Saline County, Kansas ("Property").
B. Owner has developed a portion of the Property, generally described as the eastern
portion of Lot One (1) ("Developed Property"), for purposes of operating a financial institution
and other commercial tenant space, 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 issuance of a certificate of
occupancy for Owner's building on the Property upon Owner's grant of a public drainage
easement, and upon Owner's 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").
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 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, Owner warrants, 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
•
Book 1352 Page: 724
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 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 Developed Property. Owner acknowledges and agrees
that the Drainage Facilities are intended to collect and detain storm water, and once collected. the
water shall be discharged into the City's storm sewer system at a controlled rate. Owner further
grants 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. Owner covenants and
agrees to regularly and routinely, and at its 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 City's Costs.
4.1 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 Owner. If the deficiency remains
unabated by Owner 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.
4.2 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.
Book 1352 Page: 725
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
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: Exchange Bank
Attn: Brian Schardt
14 La Barre
Gibbon, NE 68840
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.
-3-
Book 1352 Page: 726
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. Authority and Consent to Transaction. Owner represents that the person
executing this Easement and Covenant has full and legal authority to bind such party to the terms
of this Easement and Covenant, and that the execution and delivery of this Easement and
Covenant have been duly and validly authorized by the governing body of Owner.
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}
-4-
• Book 1352 Page: 727
IN WITNESS WHEREOF, Owner has executed this Easement and Covenant effective
as of the day and year written above.
EXCHANGE BANK
By: ,
Name: , r��, .4 cr.--elL
Title: j.—e c e-------c- -:----c•
STATE OF NEBRASKA, COUNTY OF BUFFALO, SS:
This instrument was ac iowledged before me on jx, V L�t4.
k 2019,eYktek—Sejrttattf , as Pio 'LM) of Exchange Bank.
tt M AAL NOTARY•tyle of MoIrr4 '
4646.71)10
Illy Com.tar~Not 21,282+ otary Public
Printed name:ikkittiej*09(2_
ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY OF SALINA, KANSAS
By: • l�� �1J
Trent W. Davis, M.D., Mayor
ATTEST:
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Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Fe ricer 4 , 2019, by Trent W.
Davis, M.D., Mayor of the City of Salina, Kansas, and Shandi Wislc3, CMC, City Clerk for the
City of Salina, Kansas.
/
CYNTHIA S. WOLFF d ' //
BMW Notary Public. State of Kansas A Public ' f
MYAPpt.Expires 1O-k-: A. No'' inn
Printed name: �n i a ' 1,(�0
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DRAINAGE EASEMENT DESCRIPTION
A PART OF LOT ONE(1)AND LOT 3 IN ITS ENTIRETY, GREEN LANTERN
ADDITION TO THE CITY OF SALINA,SALINE COUNTY,KANSAS.
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3,THENCE
S 89'48'58.9'E.ALONG THE SOUTH LINE OF SAID LOT 3 AND LOT 1,A
DISTANCE OF 101.21 FEET;THENCE N 0'15'20 8'E.A DISTANCE OF 104.56
FEET;THENCE N 89'44'39.2'W,A DISTANCE OF 4.00 FEET;THENCE
N 0' 15'20.8'E,A DISTANCE OF 38.00 FEET;THENCE S 89'44'392'E,A
DISTANCE OF 4.00 FEET;THENCE N 0' 15'20.8'E,A DISTANCE OF 84.54
FEET;THENCE N 89'44'39 T W,A DISTANCE OF 8.50 FEET;THENCE
N 0' 15'20.8'E,A DISTANCE OF 51.20 FEET TO THE NORTH LINE OF SAID
LOT 1;THENCE N 89'33'35.9'W ALONG THE NORTH LINE OF SAID LOT 1,A
DISTANCE OF 16.89 FEET TO THE POINT OF CURVATURE OF A 50.00 FOOT
RADIUS CURVE CONCAVE TO THE NORTHWEST;THENCE SOUTHERLY,
ALONG THE WESTERLY LINE OF SAID LOT 1 AND LOT 3 AND SAID CURVE,
THROUGH A CENTRAL ANGLE OF 107'24'18.1'.AN ARC DISTANCE OF 93.73
FEET,THE CHORD OF SAID CURVE BEARS S54'08'07.5110/.A DISTANCE OF
80.60 FEET;THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 FOR THE
NEXT 3 COURSES:(1) S 0'27'47.1'W.A DISTANCE OF 131.95 FEET,(2)
THENCE N 88' 54'11.9'W,A DISTANCE OF 9.95 FEET,(3)THENCE S O'25'
11.1'W,A DISTANCE OF 99 16 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 22,998.12 SQUARE FEET(0.528 ACRES)
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