Magnolia Hills - Permanent Drainage EasementI llllllll ll ll lllll 1111111111111111111 11111111111111111111 111111111111111111111111 1111
,,.;:"-d'?;"" REBECCA SEEMAN (~~:~:::;;~~~\REGISTER OF DEEDS SALINE COUNTY KANSAS
l,:: ... ;;;:.):)Book:1399 Page: 1059-1062
\,~·~;;·«~;./Receipt #: 136952 f\ _ / Recording Fee: $72.00 ""~"·"" Pages Recorded: 4 L,.,,f\I
Date Recorded: 8/26/2021 1:11:29 PM
PERMANENT DRAINAGE EASEMENT
This Permanent Drainage Easement is made this Z1 day of XJ tj , 2021, by and
between MAGNOLIA HILLS, IN CORPORA TED, a Kansas corporation, (the "Grantors") and
the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantors, for good and valuable consideration, hereby convey to the City
a permanent drainage easement (the "Easement") in, on, over, under, and through the real estate
legally described and depicted on the attached and incorporated Exhibits A and B (the "Real
Estate") for the purposes of constructing, operating, inspecting, altering, repairing, replacing,
substituting, relocating, adding to and maintaining a storm water detention pond and other drainage
facility tributary connections and appurtenant work in any part of the Easement, including the right
to clean, repair, replace and care for the drainage facilities.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantors covenant that Grantors own the Real Estate and have the right,
title, and capacity to grant the Easement.
MODIFICATIONS: The City shall have the right to install an additional storm sewer
pipeline or replace the pipe with a larger pipe in the Easement at some future date and under the
same conditions as the original storm sewer pipeline installed.
MAINTENANCE: Grantors acknowledge that the Easement shall not affect the Grantors'
obligation to maintain the Real Estate.
IMPROVEMENTS: Grantors acknowledge that the construction of any building or
structure, or the installation of fencing or landscaping on the Real Estate is governed by the
Salina Code as it may be amended from time to time (currently Sec. 42-63).
SURFACE GRADE: Grantors shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
Boole 1399 Page: 1060
IN WITNESS WHEREOF, the Grantors have executed this Permanent Drainage
Easement effective as of the day and year written above.
ACCEPTANCE OF PERMANENT DRAINAGE EASEMENT
CITY OF SALINA, KANSAS
By:
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Ju_[~
R. Dunn, President, of Magnolia Hills, Inc.
d '7 2021 by Kelly
N~~f_~ My appointment expires: (p-ti:; cl~
~ ~~;:~~~~c ~·s~~~p~~~s
My Appl. Expires -
Printed Name:}eh n It! f2 6 OOd YhCIV)
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on
·L. lfo1'1'6 ek as Mayor and JoVonna A. Rutherford, as ·
rf)at•~~~s a':'i " 5 +---tk, 2021, by !.iiettttel
Clerk of the City of Salina, Kansas.
My appointment expires: ~~ rw, 20
ASHLE'f RUSSELL
My Appoinlrnent Expires
AuguSt 30, 2022
-2-
1l "' ~ "' ..,. .;.; ~ .... .... en .... 0 ~ N Y5' ~ "'O ~I x w 0 trll ~ ~ :r ~ co ~ .... co' .... w 8 ~ ~ 0 M ..J > g r'.i EXHIBIT A A PORTION OF THE SE 1/4, SEC 29, T-14-S, R-2-W SALINE COUNTY, KANSAS DRAINAGE EASEMENT QESCBIPDQN: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 14 SOUTH, RANGE 2 WEST OF THE 6TH PRINCIPAL MERIDIAN, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE ON THE EAST LINE OF SAID SOUTHEAST QUARTER, S 00"28'27• E A DISTANCE OF 185.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON THE EAST LINE OF SAID SOUTHEAST QUARTER, S 00"28'27• E A DISTANCE OF 256.56 FEET: THENCE S a9·35•54• W A DISTANCE OF 143.52 FEET; THENCE N 57·52•17• W A DISTANCE OF 179.64 FEET; THENCE S a9·35•54• W A DISTANCE OF 425.00 FEET; ll-iENCE N 49•48'18· w A DISTANCE OF 99.45 FEET; ll-iENCE s 89"29'31· w A DISTANCE OF 178.78 FEET; THENCE S 42•4/49• WA DISTANCE OF 107.15 FEET TO A POINT ON THE EASTERLY LINE OF MAGNOLIA HILLS ESTATES ADDITION NO. 2 SAID POINT BEING ON A CURVE, IDENTIFIED AS Cl ON SAID ADDlllON: THENCE ON SAID CURVE TO THE RIGHT ALONG SAID EASTERLY LINE, HAVING A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 10.03 FEET, A CHORD BEARING OF N 51"41'23• W, AND A CHORD DISTANCE OF 10.03 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, N 42·47•49• E A DISTANCE OF 139.73 FEET TO THE SOUTHv.£ST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 1173, PAGE 1374; THENCE ON THE SOUTHERLY LINE OF SAID TRACT OF LAND, N 89·29•31• E A DISTANCE OF 260.23 FEET; THENCE CONTINUING ON SAID SOUTHERLY LINE, N 00"24'52• W A DISTANCE OF 65.10 FEET; THENCE CONTINUING ON SAID SOUTHERLY LINE, N e9·35•54• E A DISTANCE OF 699.25 TO THE POINT OF BEGINNING. END OF DESCRIPTION. 742 DUVALL AVENUE SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 saOkveng.com I www.kveng.com ~ KAW VALLEY ENGINEERING ------~ ~ l-oq?t" : --:. ~o\ fR -:xt--J "" ! ott::: .,. . ,~ ... ', ~····.~.'4NS>-~ •• •••• ~ .. , it~ ····-···· ~ , ... ''1/0NAL sv,,,, ,,,, "'''' TIMOTHY J. HART KANSAS PS NO. 1664 hortOkveng.com E19S1948 JUNE 27, 2019 1948EXB_D 1 OF 2 CTR I i l ~ °' ....
_J '"(ca ~ IQ ~ <( ,.... 0 \0 '<r :.< .... O> .... 0 N i'" N ~ rj "C ~· ~ £Y. t:; CD ~ ';!;!. CIO '<r O> .... oo' .... w ~ ~ C>. Cl ..., ~ s: 9. ;..; ---;:r---LOT 4, BLOCK 2, . ~ MAGNOLIA HILLS "-ESTATES ADD. 12 "-Ai O~~ ~y .00 s. L=10.03' ~~ ... <99~ 'i~Oo-t R=500.00' -~ -,g~l• '.J>:'>~ CB=N 51.41'23" W ~ • e .!:/ . ... CD=10.03 ~\ "" ~ jJ cf SCALE: 1 " -= 100' LINE TABLE LINE BEARING LENGTH L1 N 49"48'te• W L2 s 89'29'31 • w L3 s 42·47•49• w L4 N 42'47'49• E L5 N 0'24'52" W 742 DUVALL AVENUE SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX {785) 823-3411 saOkveng.com I www.kveng.com 99.45' 178.78' 107.15' 139.73' 65.10' ~ KAW VALLEY ENGINEERING EXHIBIT B A PORTION OF THE SE 1/4, SEC 29, T-14-S, R-2-W SALINE COUNTY, KANSAS '1t . . <9s>·::a. ~ VBs~" v"I• ~ ~~ ~~ '° \"i-:>. -~'\~ »"·\~ \tes .. ~fl· ,.,'1 ... ~ ·S~ .. I 5 '° ' ~ ~ ~