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,,..:-"-,"~··· REBECCA SEEMAN (~~:~:::;;~\~\REGISTER OF DEEDS SALINE COUNTY KANSAS
l,:\.;;;:.):}Book:1399 Page: 1055-1058
\,;;·~···•·::;.,-'Receipt #: 136952f\ _, Recording Fee: $72.00 ~---"' Pages Recorded: 4 'vN
Date Recorded: 8/26/20211:11:28 PM
PERMANENT DRAINAGE EASEMENT
This Permanent Drainage Easement is made this Z7'tfay of ~/v , 2021 , by and
between MAGNOLIA HILLS, INCORPORATED, 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.
• I Boole 1399 Page: 1056
IN WITNESS WHEREOF, the Grantors have executed this Permanent Drainage
Easement effective as of the day and year written above.
C.
By:
ACCEPTANCE OF PERMANENT DRAINAGE EASEMENT
CITY OF SALINA, KANSAS
By: ~-'7h
I
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on JD_/~ ]_ 'l
R. Dunn, President, of Magnolia Hills, Inc.
, 2021 by Kelly ---
My appointment expires: {;-J ')-J,<; i!t:~~7 Mrw~
~ ~J~:~~~I~ ~·s~~~p~~s~s
My Appt. Expires (rf )-:...:l,~-Printed Name:le+o. VH e K6xd ma n
STATE OF KANSAS, COUNTY OF SALINE, ss:
rfi~l~.$Q. ~ .
This instrument was acknowledged before me on ~1os.+-~' 2021, by l4ichacl.~e_~
-b-. Iloppoek as Mayor and Jo Vonna A. Rutherford, as · CI; of the City of Salina, Kansas.
My appointment expires:
ASHLEY RUSSELL
My Appointment Expires
August 30, 2022 Printed Name: ~ a 1 ~
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
~ "' ! .., ..,. ..c ~ ..... ..... 0\ ..... Q ~ N '°" ~ "O ~ m' ~ c ~I ~ ~ !;!:!.. ao ~ ..... ao' w ~ ~ 0 M ..J > g N EXHIBIT A A PORTION OF THE SE 1/4, SEC 29, T-14-S, R-2-W SALINE COUNTY, KANSAS DRAINAGE EASEMENT DESCRIPTION: A PORTION OF lHE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 14 SOUTH, RANGE 2 WEST OF lHE 6TH PRINOPAL MERIDIAN, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TiiE NORTHWEST CORNER OF LOT 1, BLOCK 4 MAGNOLIA HILLS ESTATES ADDITION NO. 2; lHENCE ON THE EASTERLY RIGHT-OF-WAY LINE OF HUNTWOOD DRIVE, N 37'32'11• E A DISTANCE OF 130.25 FEET TO TiiE POINT OF BEGINNING; THENCE CONTINUING ON SAID EASTERLY RIGHT-OF-WAY LINE, N 37'32°11· E A DISTANCE OF 20.14 FEET TO lHE INTERSECTION OF SAID EASTERLY RIGHT-OF-WAY LINE AND TiiE SOUlHERLY RIGHT-OF-WAY LINE OF RIDGEHILL DRIVE; THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE, ON A CURVE TO TiiE LEFT HAVING A RADIUS OF 560.00 FEET, AN ARC LENGTii OF 22.17 FEET, AND WHOSE CHORD BEARS S 56"40'07• E A DISTANCE OF 22.17 FEET; THENCE S 82'59'18• W A DISTANCE OF 31.02 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION. 742 DUVALL AVENUE SAUNA, KANSAS 67401 PH. {785) 823-3400 I FAX {785) 823-3411 saCkveng.com I www.kveng.com T KAW VAu.EY ENGINEERING E19S1948 JUNE 27, 2019 1948EXB_D-2 1 OF 2 TDA I i i i
~ ~ ,~ _4 <I 1l "' 4 <I . .d .. <I ..0 ~-~ / I oef "' t ,~~ z .i5 ~ a:} ~ x 6 I rill ~ i * .... <r>I ! ~ ~ 0 ,., $ g, N ....... EXHIBIT B ~ A PORTION OF lHE SE 1/4, SEC 29, T-14-S, R-2-W "' SALINE COUNiY, KANSAS d <I / 4 . . 4 4 ·.41<1· 4 . . . <I <I . . ~' -f'0Gl ~ ~~ "' <a ....... ~~ ""' ~"' (~ '& --?~ <1..> .. ~s ~ .~Qoo .. '-..~~-to .. ~~~--------. s e2·s9•1 s• w _.__ _ -----.;;,-----____ .... _ 31.02· POINT OF BEGINNING POINT OF COMMENCEMENT NW COR, LOT 1, BLOCK 4, MAG. HILLS ESTA1ES NO. 2 742 DUVAL.l.. AVENUE SAUNA, KANSAS 67401 PH. {785) 823-34-00 I FAX {785) 823-3411 saClkveng.com I www.kveng.com SCALE: 1· = 10' I T KAW VALLEY ENGINEERING E19S1948 JUNE 27, 2019 1948EXB_D-2 2 OF 2 TDA i I i ~~~~~~~~~~~~~~~~~~ I