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Lot 2, Block 1 (2) ~~:"~~~~ REBECCA SEEMAN .(~~'-"''''-''~:,,::fEGISTER OF DEEDS SALINE COUNTY KANSAS ,(;:{~t'IST'~\:,\ Book' 1212 P . 806 ( ; ..,. i 1 . age. ;:.....~ 'E"~./:i Receipt II: 6376B Gl"/ Recording Fee: .2'1.00 1.'>,+ ..........."./ Pagee Recorded' 5 Y 1)....__0 '~,~..!.:;.~ . IWJi!QXJ... J(t)~ Date Recorded: 5/25/2010 3:35:29 PM GRANT OF PERMANENT DRAINAGE EASEMENT THIS INDENTURE is made this --2!L- day of April, 2010, by and between H-M OLATHE, L.L.C., a Kansas limited liability company ("Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, goes hereby convey unto the City that certain portion of land owned by the Grantor as legally descri1>ed on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as a public drainage easement, in perpetuity (the "Drainage Easement"), for the purposes of locating, constructing, excavating, and maintaining: Storm water detention facilities, including pipelines, ditches, swales, rip rap and other erosion control devices for the purpose of collecting, detaining and transmitting surface stormwater from the site onto Kansas Department of Transportation right-of-way adjacent to the site. 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 they are the lawful owners of the described real estate and have the right, power, and authority to convey the rights granted hereby. 544736vl ook: 1212 Pagel 807 IN WITNESS WHEREOF, Grantor and City have hereunto caused this instrument to be executed as of the day and year first above written. H-M OLATHE, L.L.C. By: cj--dl)1~ Timothy R. Murphy, Member STATE OF MISSSOURI ) ) ss: JACKSON COUNTY ) BE IT REMEMBERED, that on this dO'fAday of April, 2010, before me, the undersigned, a notary public in and for the county and state aforesaid, came Timothy R. Murphy, Member ofH-M Olathe, L.L.C., a Kansas limited liability company, 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 said limited liability company. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~A iu Lk. /b~d~u:I Signature of Notary Public f1/l ev,' h-e-fh (~od da r Oi( Printed Name of Notary Public My commission expires: MERIBEfH GODDARD Notary Public - Notary Seal State of Missouri Commissioned for Jackson County My Commission Expires: December 03. 2011 Commission Number: 07446288 544736vl Book: 1212 Page: 808 CITY OF SALINA, KANSAS ACCEPTED BY: Aaro cD ~ 1,--- ATTEST: ~ STATE OF KANSAS; COUNTY OF SALINE, SS: On this JLf~ day of May, 2010, before me a Notary Public in and for said state, personally appeared Aaron G. Peck, 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. ~ LUoitr Sign e of Notary Publ1c ~. W,cl<S Printed Name of Notary Public My commission expires: 4-'- 2.q, 2DIL ~. SHANDI L. WICKS ~ Notary Public. State of Kansas My Appt. Expires 'I ' ~ -3- Book~ 1212 Page~ 809 EXHmIT A A tract of land located in Lot Two (2), Block One (1), Replat of Foley Addition, to the City of Salina, Saline County, Kansas, and more particularly described as follows: The West One Hundred Twenty-Six (126) feet of Lot 2, Block 1, Replat of Foley Addition This tract of land contains Thirty-Two Thousand Six Hundred One and Eighty-Four Hundredths (32,601.84) square feet, more or less, and is subject to easements, restrictions, and reservations of record. " KDOT R/W Lot 2 Block 1 Replot of Foley Addition Lot 1 Block 1 Replot of Foley Addition o I 50 100 150 200 I SCALE: 1" - 100' 544736vl ,J~09- A'-m ;).DW - c.,' (\~ Book: 1212 Page: 810 KDOT R/W CITY OF' SAUNA, KANSAS PUBLIC MlRKS - ENGINEERING - UTlL/nES Exhibit 8 Public Drainage Eallemllllt -- -- 1-1