Lot 1, Block 1
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EASEMENT
THIS INDENTURE, made this.:z 3->:f day of ::T~~ ,1984-, by and between
UNITED PRESBYTERIAN FOUNDATION OF KANSAS, a Kansas corporation, with principal
offices in Harvey County, Kansas, of the First Part and THE CITY OF SALINA,
KANSAS, a municipal corporation, of the Second Part:
WITNESSETH: The said Party of the First Part for a good and valuable
consjderation, the receipt and sufficiency of which is hereby acknowledged,
does by these presents, grant, bargain, sell and convey unto the Party of the
Second Part, an easement in, over and across a certain portion of land owned
by the First Party, more particularly described as follows:
A tract of land located in Lot 1, Block 1, Salina Presbyterian
Manor Inc. Subdivision being more particularly described as follows:
Beginning at a point that is the southwest corner of Lot 1, Block 1,
Salina Presbyterian Manor Inc. Subdivision; thence N 00° 00' 00" E
along the west line of said Lot 1 a distance of 560.00 feet; thence
N 89° 22' 27" E a distance of 25.00 feet; thence S 00° 00' DO" H a
distance of 305.00 feet; thence S 02° 51' 50" E a distance of 100.07
feet; thence S 00° DO' 00" W a distance of 155.00 feet, more or less,
to the south line of said Lot 1; thence S 89° 22' 27" H along the
south line of said Lot 1 a distance of 30.00 feet, more or less to
the point of beginning. Said tract contains 0.34 acres, more or less.
for all of the rights of ingress and egress of said Second Party, its servants,
officers, employees and contractors, for the purpose of constructing, installing,
repairing, replacing and maintaining public drainage facilities, in perpetuity.
IN WITNESS WHEREOF, the said UNITED PRESBYTERIAN FOUNDATION OF KANSAS has
hereunto caused this easement to be signed on its behalf by its proper officers
who are duly authorized so to do and has caused its common corporate seal to be
hereunto a ffi xed thi s 7-..3 day of ..::::rA.J , 198~
UNITED PRESBYTERIAN FOUNDATION OF KANSAS
By: ~~YJ
Pres"ô nt
DerrIT it Meyer
Attest: STATë OF KANSAS ~ ss;;., /"' FILED FOR RECORD
~~U'õY OF' SALlN"E,,', ",' (iV// IN MY OFFICE AT
~~ /.~ ~ ~ . O'CLOCK :~ r ::; 1 1384 AND DULY
~ ~ . . M, 'l (h, , " .. J J1.COR~~
Secretary I ..Ä .~l Of (7./~AT PAGE ..r:f-:-c:J.~
BE IT REMEMBERED, that on this ~;t,.Qday of ~ 1 8f, befoA me, .
the undersigned, a notary public in and for the sate afo said, came ~
~. ~ ,President of UNITED PRESBYTERIAN FOUNDATION OF KANSAS, a
corporatlo du y organized, incorporated and existing under and by virtue of the
laws of the State of Kansas who is personally known to me to be such officer
and who is personally known to me to be the same person who executed as such
officer the within instrument of writing on behalf of said corporation, and
such person duly acknowledged the execution of the same to be the act and deed
of said corporation.
,.....,~",~",,!, IN TESTIMONY WHEREOF, I have hereunto set my hand and affi xed my offi ci a 1
.",,~\ô ;'$,~aJ the day and year last above written.
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Notary Pub ic
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SW Cor, Lot I, Blk, I
Presbyterian Manor Add.
S. Point of Beginning
S 89°22' 27"W
30.00'
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Mise Book /~ / Page 5l J~
N 8~22'27" E
25.00'
N
SCALE: I": 100'
LOT I, BLOCK I
Salina Presbyterian Manor Inc. Subdivision
S 02°51'50" E
100.07'
S OooOO'OO"W
155.00'
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AGREEMENT
This Agreement is entered into this 16th day of November, 1998, by and between the CITY
OF SALINA, KANSAS (the "City") and PRESBYTERIAN MANORS, INC., a Kansas
corporation, ("Presbyterian Manor'!). '
Recitals
A. Presbyterian Manor is the owner and developer of a townhome development
recently constructed in Salina Presbyterian Manor Inc. Addition to the City of Salina, Kansas.
B. One of the townhome units was partially constructed and a retaining wall entirely
constructed within a public drainage easement as depicted on the attached EXhibit A.
C. The City ap.d Presbyterian Manor desire to identify a means by which the townhome
unit and retaining wall may remain in place and improvements made to the existing drainage
channel that will ultimately allow for vacation of that portion of the drainage easement upon which
the townhome unit and retaining wall are cwrently encroaching.
TIffi PARTIES therefore covenant and agree:
1. Occuuancv Permit. The City agrees that an occupancy permit for the encroaching
townhouse unit will be issued upon signature of this Agreement by both parties in consideration for
the covenants made and commitments undertaken by Presbyterian Manor as outlined in this
Agreement.
2. Desi2ll and Construction of DrainalZe Channel Imurovements. Within six months
wm the date of this Agreement, Presbyterian Manor shall present to the City detailed design plans
prepared by a certified engineer of modifications or improvements (e.g. pipes, box culverts) to be
made to the existing drainage channel. The design plans shall be subject to the approval of the City
Engineer and must, in the discretion of the City Engineer, be sufficient to allow for vacation of that
portion of the drainage easement upon which the townhome unit and retaining wall cwrently
encroaCh. Within on~ year following notification of the City Engineer's approval of the design
plans Presbyterian Manor shall complete construction of the modifications or improvements,
subject to the approval of and acceptance by the City Engineer on behalf of the City.
3. Indemnification and Hold Hannless. Presbyterian Manor shall indemnify and hold
and save the City, its officers, employees, agents, and contractors, hannIess from any loss, cost,
expense, penalty, damage, or judgment, inCluding attorneys fees, that may arise fÌ"om the City
allowing Presbyterian Manor to maintain the encroaching townhome unit and retaining wall
pending the design and construction of the modifications or improvements to the existing drainage
cbannel which will allow for vaca!ion of that portion of the drainage easement upon which the
townhome unit and retaining wall are located.
, ,
4. Default. If Presbyterian Manor should fail to complete its obligations to design and
construct the modifications or improvements to the existing drainage channel as described in
paragraph 2 above, the City may, in its discretion, pursue any of the following remedies:
a. Require the removal of the retaining wall and the reconstruction of the
townhome unit such that it no longer encroaches upon the drainage easement;
b, Pursue judicial enforcement of Presbyterian Manor's obligations under this
Agreement; or
c, Cause the work described in paragraph 2 to be completed and to recover any
and all costs incurred in completing the work either by obtaining a money judgment against
Presbyterian Manor or by levying an assessment in the amount of such costs against the real
estate upon which the encroaching townhome unit and retaining wall are located.
5. Notices, Any notice to either party shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O, Box 736
Salina, KS 67402-0736
Presbyterian Manors, Inc.
6525 East Mainsgate
Wichita, KS 67208-1440
6. AssÜrnment. The assignment of any rights under this Agreement by Presbyterian
Manor shall be subject to the prior written consent of the City,
7, Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns,
Executed the day and year first above written.
By:
CITY OF SALINA, KANSAS
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ATTEST:
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By:
ATTEST:
BY:~~ Ya¿=---
Sherry K. Ie, Secretary
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this&, -II,. day of /lIveNf ky. 1998, before me a Notary Public in and for ~aid state,
personally appeared Peter F. Brungardt, Mayor, and Judy D. Long, City Clerk, for the City of
Salina, Kansas, known to me to be the persons who executed the within License Agreement on
behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes
therein stated. .
~ 8AA8ARA R. YÆBER
NOrNlrPIIU:
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My appointment expires: ~ J" '¿'",,'6~'"
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( /7'1' 7' Notary Public
STATE OF KANSAS, COUNTY OF ~'tJ)('7H}'C.1'~ SS:
. On this \ '\'\'\\ day of N. Q\J t tJ\~\Û 998, before me a Notary Public in and for said state,
persozially appeared. William M. Ward, Jr., President, and Sherry K. Cole, Secretary, of
Presbyterian Manors, Inc., known to me to be the person who executed the within License
Agreement and acknowledged to me that they executed the same for the purposes therein stated,on
behalf of Presbyterian Manors, Inc.,.
fJtlt! t(~t!~-m,
, Notary Public
My appointment expires: ~\\ ~ \ ~ I 'J.\j\) J. .
~......'\. SUE ELLEN GOATES
. ~\ State of
My AppI. Exp.' Þ'
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'0 ~ Arrowßltoot Geomatics Inc.
Detail of Retaining Wall .and Structure Encroachment
into Drainage Easement between Salina Presbyterian Manor Inc.
and the City of Salina, Kansas
111.78'
West line, Salina Presbyterian Manor Inc. Addition
/ East line of Drinage Easement
as described in agreement between
Salina Presbyterian Manor Inc. and the
, City of Solina, Kansas dated
January 23rd. 1984
Retaining Wall
Corner of Encroaching Structure
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Scale ,- = JO'
89,15'
South line, Salina
Presbyterian Manor
Inc. Addition
59.04'
Southwest corner. Lot One. Block One.
50' Replat of Salina Presbyterian Manor tnc,
_1. - ;= th-;::I Salina, Kansas -
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ArroW8ltOOt Geomatics Inc.
2tØ w. ~ ...., 8o'oI.M<IA, 1CI1I'-4C1H117
1IIH174J18 1WC1fHIJ'-1-
Exhibit A