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6.2 Easement Airport Industrial CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/14/2005 TIME 4:00 P.M. AGENDA SECTION NO: 6 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEPARTMENT OF PUBLIC WORKS ITEM NO. Page 1 2 BY: Brad Johnson BY: ITEM: Acceptance of Dedication of a permanent Public Utility Easement, and a permanent Public Drainage Easement for the Salina Vortex Project. BACKGROUND: Salina Vortex Corporation is currently constructing a new 124,000 square foot complex including warehouse space and offices for their operation at the northwest corner of Centennial Road and Water Well Road. As part of their building project, a public waterline extension was needed to provide fire protection and domestic water, which prompted the need for the dedication of a public utility easement. After the one-year warranty expires, the City of Salina will take over ownership and maintenance responsibility for the public waterline. There was also a need for a stormwater detention pond to capture and detain the increase in stormwater caused by the development. This detention pond is required to be within a public drainage easement to protect the integrity and functionality of the pond and assure that the pond is properly maintained. The maintenance responsibility for the detention pond will be the responsibility of the property owner. The dedication documents are attached with the legal descriptions and drawings of each easement. Staff has reviewed the attached legal descriptions and drawings and is in agreement with the formal acceptance of these dedications. FISCAL NOTE: The construction of the waterline and detention pond are being built with private funds, therefore there is no fiscal impact to the City of Salina other than the ongoing maintenance of the public water line. RECOMMENDATION: It is recommended that the City Commission accept the dedications of the attached 20' public utility easement and public drainage easement. CC: Lee Young, Salina Vortex Corporation GRANT OF PERMANENT DRAINAGE EASEMENT Salina Economic Development Corporation, (the "Grantor"), being the owner of the hereinafter described real estate, does hereby give, grant, dedicate, and convey unto the City of Salina, Kansas, a municipal corporation, (the "Grantee") A Permanent Drainage Easement, in perpetuity, on the real estate depicted and legally described on the attached document for the purposes of locating, constructing, excavating, and maintaining stormwater detention facilities, pipelines, inlets and junction boxes, and for the purposes of collecting, detaining and transmitting surface stormwater. Grantor acknowledges that this Grant of Permanent Drainage Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. 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 undersigned duly authorized officers of the Grantor set their hands this day of , 2005. SALINA ECONOMIC DEVELOPMENT CORPORATION By: Gerald Cook, Executive Director STATE OF KANSAS, COUNTY OF SALINE, SS: On this day of November, 2005, before me a Notary Public in and for said state, personally appeared Gerald Cook, Executive Director of Salina Economic Development Corporation, known to me to be the person who executed the agreement on behalf of Salina Economic Development Corporation, and acknowledged to me that he executed the same for the purpose therein stated. Notary Public CITY OF SALINA, KANSAS ACCEPTED BY: Deborah Divine, Mayor ATTEST: Lieu Ann Elsey, City Clerk STATE OF KANSAS; COUNTY SALINE, SS: On this day of November, 2005, before me a Notary Public in and for said state, personally appeared Deborah Divine, Mayor, and Lieu Ann Elsey, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the agreement on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. Notary Public ., . Le~al Description. A parcel in Lot 1, Block 3 Airport Industrial Center Subdivisision City of Salina, Kansas Landmark SURVEYING & MAPPING INC~ Offi~e: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abi1ene, Kansas, 67410 Legal Description (Drainage Easement) ¿~ parcel of land located in Lot 1, Block 3, Airport Industrial Center SubdiviJion to the City of Salina, Saline County, Kansas, being used for drainage purposes and is ¡TIore particularly descrilJed as follo\\.s: Beginning at the Northeast comer of said Lot 1; - thence on an assumed bearing of S 00°09102" E along the East line of said Lot 1 a distance of 444.69 feet; - thence S 13 020' S 7" W along said East line a distance of 130,18 feet to the Southeast comer of sa!d L(ìt 1 ~ - th~nce S 88 (;37105'1 \V along the South line of said Lot 1 a distanc~ of ~ 72,-+5 feet; -- po, ~n(-"-;, ~T ì()c.::;:(r'1~" c ~:.I d¡'stance ofì~6 [:,0 ['eet' "J.e _c~~ ,--' ...}',)'- La ~ ~_J).'~) 1 , - t:1~nCt N OC'.-) 1 r 52 I' \Xl a distânce of .3 72.21 feet [ü a point on the North li~~: of said Lot 1; - thence N 89°50'5811 E along said NortJl line a distance of 184.80 feet in tht POINI" OF B EGINNfNCj; Said parcel contains 115,755 square fc~t, 1110rC or less, and is subject to easen1cnts, reservations and restrictions of record. bl__- - ,. - ---~-, , # 1201 Oatc:- 9/23/05 , Proj. #: 05-4021 .' .- . Page: 10f2 Salina Vortex . NOTE: This does not constitute a Certificate of Survey. ..... ., - - \..... . Sketch Landmark SURVEYING & MAPPING INC~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 A parcel in Lot 1, Block 3 Airport Industrial Center Subdivisision City or Salina, Kansas . _<t Vortex Avenue R/W POINT OF BEGINj\lING NE Cor. Lot 1, B~{)ck 3 or - - 184.80' N 89°50'58" E - - - - - - - - - - l ~ Uti li tL E~_s cnlen ~ - - - - - ~ - -t- - - - - - - - - - I -;------1 ------ ---- - - - I II i I ~ I I I I ~I II ~I II ~I I ~I I - = I j I ë ~ (': I () 7 If) (.) !' -.:::t =-- I ~ I ~ -.:::t 0 "VI~ W ,-. I I , -' '-' C/) It..:] - Q J¡ ~ zl d ~'O - J ~~~':-- . - I:.=: C- I ;i;v ~I i j ~ ~C;) 0 I ~~ ~Io 0 I ~ ~ I r-J r:/) . ~'þ- N I tõ-~ 11 I <), I I II I I ) I: / I ,/ II ~~ )1 ~I ) f.QI /1 ~I I ~I I 0$;'1 /, 9)1 "vI / I -<¡ I I - - - - - ~ -~ 25' B îd"ng Setback II-=-- -; -=---- -- - - -- - - -- ==-- -=-- - Ul ~ - -=--: -=-- -==-- - =---J S 88°37'05" W 272.45' 20' UtilIty Easement ~ :) :;1 ::-:. ....... '-' .....,; - -- ..... .- .- - -- -< Scare: 1 "=100' ".) ~I :)1 ~ 100 0 100 - f'.. YìÒo a -. ('\¡ . 0 a r'T""¡C'V) -. -. - ~ Water WeIlJ3..oad RfW . - --- . - --....- - Date: 9/23/05 Proj. #: 05 -40-21 -- Page: 2 of 2 Salina Vortex NOTE: This does not constitute a Certificate of Survey.