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Drainage Easement AGREEMENT This Agreement is made this Jý day of h~(tI,;)..-1 , 2005, by and between Holiday Resorts, LLC, a Kansas Limited Liability Comp~wner"), and the City of Salina, Kansas, a municipal corporation, (the "City"). RECITALS A. The City, in conjunction with the Deborah Drive Storm Drainage Improvement Project, wishes to acquire from the Owner a permanent storm water drainage easement affecting a certain portion of land owned by the Owner for the construction, operation, and maintenance of storm water drainage structures. B. The City has caused the temporary construction easement to be acquired to be appraised and has negotiated a purchase price with the Owner. C. It is the desire of the Owner to convey the permanent storm water drainage easement to the City upon the terms and conditions contained in this Agreement. FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements set forth herein, the parties agree as follows: 1. Description. The permanent storm water drainage easement to be conveyed by the Owner to the City shall be as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Permanent Easement"). 2. Compensation. The City agrees to pay the Owner upon closing the total sum of One Thousand Twelve Dollars ($1,012.00) for the Permanent Easement consisting of the following: a. Permanent Easement (961.74 sq. ft. at $1.00 per sq. ft.) $ 961.74 b. Damages to remaining property (reduced utility factor - $50.00) $ 50.00 Total Compensation Rounded $1,011.74 $1,012.00 3. Documents. The Owner agrees that the Permanent Easement shall be conveyed to the City by the Owner's execution and delivery to the City of a Permanent Easement document identical to the copy attached as Exhibit C to this Agreement. The Permanent Easement document shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 4. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Permanent Easement. 5. Partial Mortgage or Other Lien Release. In those cases where Real Estate is subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and acknowledged partial mortgage release or release of lien, releasing that portion of the real estate to which the Right-of-Way relates from any mortgage or other lien encumbrance. Any partial mortgage release or other lien release documents shall be recorded by the City with the office ofthe Saline County Register of Deeds, at the expense of the City. 6. Closing. Closing shall take place on or before March 11, 2005. At closing the Owner shall: a. deliver to the City the fully executed and acknowledged Permanent Easement document, and b. provide the City with any other necessary information such as the Owner's current mailing address and a Form W-9 (tax identification number), at which time the City shall pay Owner the total compensation set forth in paragraph (2) above. 8. Nonassignable. The Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. 9. Binding Effect. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and authorized assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. "OWNER" HOLIDAY RESORTS, LLC By: Tax ID No. 47 ,O8b (J/!,2- CITY OF SALINA, KANSAS By: -2- TRACT NO.1 EXHIBIT A , Property Owner: HOLIDAY RESORTS, LLC 3715 SW29th S1. Topeka, Kansas 66600 , ' 'lEGAL DESCRIPTION FOR DRAINAGE EASEMENT A trad of land located on Lot 3, Block 4, Holiday Resort Addition to the City of Salina, Saline County, Kansas, more' particularly described as follows: Commencing at the Southwest Comer of said Lot 3; thence N 00° 05' 388 W, a distan~ of One-ninety and Twenty-six hundredths (190.26) feet along the west line of said Lot 3, to the point of beginning; , , thence N 8go 13' 228 E, a distance of Ninety and Eighty-one hundredths (90.81) feet to a point on the west line of a platted drainage easement; " thence N 46° 33' 358 E, a distance of Fourteen and Seventy-six hundredths (14.7~) feet along the west line of said easemønt; , thence S 8go 13' 22" W, a distance One hundred-one and Afty~four hundredths (101.54) feet to a 'point on the west line of said Lot 3; , ," ~ toonceS,OOO 05388 E, a distance ofTen and no hundredths (10.00) feet along the West line of said Lot 3, back to ,the point of beginning. ' , The above described trad of land contains 961.74 square feet, more or less and is shown on Exhibit Trad No.1. Prepared by: D. Klanke File Name: Tract No.1 C:f - - - - RESORT - -. ~m~' , - ~ - liiïw: - - - -,I; ::¡ I I I ~ ~_.". :HY Unity "-~t I I I I / ;r- ..:.rY.r. I ¡ t Scal. " ~ '00' / / ~i I r Lot 3 / I / I . /,./ I i8-; /ß~m~H -¡ ¡ II~ 109 ~/ g I t:i ~ en I I / / / """" ......,. ........ I ~ P:;: Easemert / / I ' S 89" 13'22" W I ~I I I I wJ DRAINAGE EASEMENT Owner: HOLIDAY RESORTS, LLC 3715 SW 29th St Topeka, Kansas 66600 10.00' S 00"05'38" E 14.76" N 46"33'35" E ~ ~~ 'on ~:? ~o 0 ming I 11&1 1ig ~~.. z Point of C<lIM19l1C8lT1elt. ~.10' UtRlty Easement SouthwestlCorner of Lot 3 . ---- ------------- . N 8913'22 E Exhibit Tract No.1 EXHIBIT B EXHIBIT C PERMANENT EASEMENT FOR STORMW A TER DRAINAGE PURPOSES HOLIDAY RESORTS, LLC, a Kansas Limited Liability Company, (the "Grantor"), does hereby grant and convey unto the CITY OF SALINA, KANSAS, a mUnicipal corporation (the "Grantee"), a permanent easement for stormwater drainage purposes for the construction, operation, and maintenance of storm water drainage structures on, over, under, and across the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B. Grantor hereby covenants that it is the lawful owner of the described real estate and has the right, power, and authority to convey the rights granted hereby. &! IN WITNESS WHEREOF, the und=igned Granlor sets ils hand this }-V day of t?Þ fllðN'1 ' 2005. HOLIDAY RESORTS, LLC By: STATE OF KANSAS ) ) ss: ) COUNTY OF SHAWNEE BE IT REMEMBERED, that on thi~ day of ~ 2005, before me, the undersigned, a notary public in and for the county and state aforesaid, c~e James A. Klausman, President of Holiday Resorts, LLC, who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of Holiday Resorts, LLC. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above wri~ .Am KOlAR! IU8UC . S1aIe aI- ~ ~ . PAME~ FALK 1 Notary PublIc My Appt. Ex ... Jr) - /) "... REBECCA ~ / REGISTER OF DEEDS c.. SALINE COUNTY KANSAS rJ Book: 1100 Page: 477 Receipt #: 24024 Total Fees: $16.00 Pages Recorded: 3 Date Recorded: 3/23/2005 9:13:25 AM PERMANENT EASEMENT FOR STORMW ATER DRAINAGE PURPOSES HOLIDAY RESORTS, LLC, a Kansas Limited Liability Company, (the "Grantor"), does hereby grant and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "Grantee"), a permanent easement for stormwater drainage purposes for the construction, operation, and maintenance of storm water drainage structures on, over, under, and across the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B. Grantor hereby covenants that it is the lawful owner of the described real estate and has the right, power, and authority to convey the rights granted hereby. l1Jarcr WITN~~~O~HEREOF, the undersigned Grantor sets its hand this ~ day of HOLIDAY RESORTS, LLC By: -- STATE OF KANSAS ) ) ss: ) COUNTY OF SHAWNEE BE IT REMEMBERED, that on this~ day of fY\NcL ,2005, before me, the undersigned, a notary public in and for the county and state aforesaid, came James A. Klausman, President of Holiday Resorts, LLC, who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of Holiday Resorts, LLC. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above wri¿t~. .~ c:=-~ ~ ~=: .IIOTARY PUB . StIlI of 118. . Notary" Pub I i c PAMELA ... FALK ...., My Appt. EJp. ~ TRACT NO.1 Book: 110~~,e~ 478 . Property Owner: HOLIDAY RESORTS, LLC 3715 SW 29th S1. Topeka, Kansas 66600 . . . lEGAL DESCRIPTION FOR DRAINAGE EASEMENT A trad of land located on Lpt 3, Block 4; Holiday Resort Addition to the City of Salina, Saline County, Kansas. more . particularly described as follows: Commencing at the Southwest Comer of said Lot 3; thence N 000 05' 388 W, a distan~ of One-ninety and Twenty-six hundredths (190.26) feet along the west line of said Lot 3, to the point of beginning; . thence N 8go 13' 228 E, a distance of Ninety and Eighty-one hundredths (90.81) feet to a point on the west line of a platted drainage easement; .. thence N 460 33' 3S8 E, a distance of Fourteen and Seventy-six hundredths (14. 7~) feet along.the west line of said easemønt;. . . . . thence S ago 13' 22" W, a d"lStance One hundred-one and FIfty~four hundredths (101.54) feet to a .point on the West line of said Lot 3; . ... . ~ . thence S.OOO OS 388 E, a distance of Ten and no hundredths (10.00) feet"along the West line of said Lot 3, back to .the . point of beginning. .. . The above described trad .of land contains 961.74 squa~ feet, more or less and is shown on Exhibit Tract No.1. Prepared by: D. Klanke File Name: Tract No.1 Book: 1100 Page: 479 EXHIBIT B . . DRAINAGE EASEMENT Owner: HOLIDAY RESORTS, LLC 3715 SW29th St Topeka, Kansas 66600 10.00' S 00005'38" E r-1.- - - - - RESORT - - - 5.23' - ~ - ---¡)RM; - - - -Jo:- ~ ~30..{ N 8913'22" E 5O'- I ~- I I ~ "'-........ '" Utmy r-mt I I I I /r-N~E I I t / 01 I . ScaI. ," - 100' / / ~I I Lat3 / I I // I . ~ I ~~~ ~ " /~ Block 4 . 8 0 /, ,g I //~ , ' ~ I / ~ ExIsting Drainage Easement I Proposed Easemert /' , 101.54' / S 89" 13'22" W 14.76' N46"33'35"E I II . I I I wJ == re~ 'on 'a¡~ ~o 1:£8 ~§ z Point of CC/nrnenÅ“mert , ./ 1 O' Utllty Easement SouthwestlComer of Lot ä ~ - - -- ------ -- --------- N 8913'22 E t Exhibit Tract No.1 I~ry ~7J1~~' >I:!~ ~8t.S(!)þ\ .