Lot 1, Block 1 (Permanent Drainage)
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__""",_" REBECCA SEEMAN
/; ~...~-~.v"'REGISTER OF DEEDS SALINE COUNTY KANSAS
tl;~..n'/::\ Book: 1222 PBge: 1924
\..\..o.ro:"......i:) Receipt #: 6B026 ",I N ~8col"ding FIe: ."'''l.00
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""''''~OBte Recorded: 12/15/2010 3:31:40 PM
GRANTS OF PERMANENT DRAINAGE EASEMENT AND COVENANTS
by
UNIFIED SCHOOL DISTRICT NO. 305; SSS PROPERTIES, LLC; and
THE CITY OF SALINA, KANSAS
relating to a
STORM WATER DRAINAGE PIPELINE
THESE GRANTS OF PERMANENT DRAINAGE EASEMENT AND COVENANTS
are made and entered into thel'3+?Iay of December, 2010 by and among:
UNIFIED SCHOOL DISTRICT NO. 305, Saline County, the state of Kansas ("District");
SSS PROPERTIES, LLC, a Kansas limited liability company ("SSS Properties"); and
THE CITY OF SALINA, KANSAS, a Kansas municipal corporation ("City").
Recitals
A. There exists an eight inch (8") private storm water drainage pipeline (the
"Pipeline") running east from the former Hageman Elementary School site to the public storm
drainage system in the South Ninth Street right-of-way (the "South Ninth Storm Drainage
System"), as depicted on the aerial photograph attached as Exhibit A.
B. In the course of reconstruction of the South Ninth Storm Drainage System in
1998, the Pipeline was sealed off from the South Ninth Storm Drainage System.
C. The District has requested (1) restoration of the connection between the Pipeline
and the South Ninth Storm Drainage System and (2) acceptance of the Pipeline by the City as a
public storm water pipeline.
D. The City is willing to (I) restore the connection between the Pipeline and the
South Ninth Storm Drainage System and (2) accept the Pipeline as a public storm water pipeline
on the precondition that the District assumes maintenance responsibility for the Pipeline until
such time as the Pipeline is reconstructed by others in accordance with City standards for a
public storm water pipeline (the "New Pipeline"), at which time the City shall assume
responsibility for maintenance of the New Pipeline as part of the City's public storm drainage
system.
Book: 1222 Page: 1925
E. The location of the Pipeline requires that the District and SSS Properties each
grant permanent drainage easements to the City in order for the District to maintain and
ultimately replace the Pipeline and for the City to ultimately maintain the New Pipeline. The
parties acknowledge that AutoZone, Inc. has previously dedicated a public drainage easement in
which the segment of the Pipeline traversing the AutoZone property is located.
THEREFORE, the parties grant and covenant:
GRANTS OF PERMANENT DRAINAGE EASEMENT
1. The District. The District, being the owner of a portion of Lot One (1), Block
One (1) of the Hurd Plaza Addition to the City of Salina, Saline County, Kansas, grants unto the
City for the benefit of the public a permanent drainage easement, in perpetuity, on the real estate
described on the attached and incorporated Exhibit B and depicted on the attached and
incorporated Exhibit C (which is already a plattedpublic utility easement) for the purposes of
locating, constructing, and maintaining storm. water detention and transmission facilities,
including a storm water pipeline, for the purpose of collecting, detaining and transmitting surface
storm water from the former Hageman Elementary School site across the described real estate.
2. SSS Properties. SSS Properties, being the owner of a tract of land located in the
East Half of the Northeast Quarter (E Yz NE Y. ) of Section Twenty-Six (26), Township Fourteen
South (14S), Range Three (3) West of the 6th P.M., in the City of Salina, Saline County, Kansas,
grants unto the City for the benefit of the public a permanent drainage easement, in perpetuity,
on the real estate described on the attached and incorporated Exhibit D and depicted on the
attached and incorporated Exhibit E for the purpose of locating, constructing, and maintaining
storm water detention and transmission facilities, including a storm water pipeline, for the
purposes of collecting, detaining and transmitting surface storm water from the former Hageman
Elementary School site across the described real estate to the South Ninth Storm Drainage
System.
3. Maintenance of Easement. The District and SSS Properties each independently
agrees and acknowledges that this grant of permanent drainage easement shall neither alter nor
affect its obligation to maintain the easement area, which shall continue to be maintained in a
good state of repair, subject to the restoration requirements of the District and the City in relation
to the SSS Properties property set forth below.
4. Ownership. The District and SSS Properties each independently 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.
5. District Access. SSS Properties agrees and consents that its grant of permanent
drainage easement shall include the right of access by the District as the licensee of the City for
the purpose of maintaining and ultimately.replacihg the Pipeline.
2
Book: 1222 Page: 1926
STATUS, MAINTENANCE, AND RECONSTRUCTION OF PIPELINE
6. Acceptance and Reconnection. The City accepts the Pipeline as a public
component of the City's public storm drainage system and shall reconnect the Pipeline to the
South Ninth Street public storm drainage system on the basis of the District's commitment to
temporarily maintain and ultimately reconstruct the Pipeline.
7. Maintenance and Reconstruction. The District covenants to maintain the
Pipeline and ultimately reconstruct the Pipeline In accordance with City standards as necessitated
,
by further development by the District. Upon approval and acceptance of the New Pipeline by
the City, the City shall assume responsibility for maintenance of the New Pipeline as part of the
City's public storm drainage system.
8. New Connections. Any new connections to the Pipeline shall be subject to
written pre-approval by the City Engineer and the District. Any new connections to the New
Pipeline shall be subject to written pre-approval by the City Engineer.
9. Restoration of SSS Properties Improvements and Release of Claims. The
District and the City acknowledge that this grant of permanent utility easement by SSS
Properties affects real estate upon which SSS Properties has constructed concrete driveway and
parking (the "Existing Improvements"). Consequently, the District agrees to fully restore the
Existing Improvements on any occasion the Existing Improvements may be damaged when the
District is performing its maintenance or replacement responsibilities in relation to the Pipeline.
Similarly, but separately, the City agrees to fully restore the Existing Improvements on any
occasion the Existing Improvements may be damaged when the City is performing its
maintenance responsibilities in relation to the New Pipeline.
BINDING EFFECT
10. Bindinl!: Effect. These grants of permanent drainage easement and covenants
shall be binding upon the parties, their successors and assigns, and any parties claiming an
ownership or possessory interest in the affected real estate; shall be recorded and indexed to the
affected real estate in the records of the Saline County Register of Deeds and SHALL BE
BINDING UPON AND SHALL RUN WITH THE AFFECTED REAL ESTATE unless and
until modified or released by the mutual written and similarly recorded agreement of all of the
parties.
EXECUTED, by the duly authorized officers of the parties hereto as of the date first
above written.
3
ATTEST:
~(;l€cr
I3oar~:f~ucatlon
ATTEST:
~
Lieu Ann Elsey, CMC, Cil Clerk
Book: 1222 Page: 1927
UNIFIED SCHOOL DISTRICT NO. 305
i2~a
Patricia A. Grimwood, President
I30ard of Education
SSS PROPERTIES, LLC
~ A~dv~/
~en H. Steinle, Member
CITY 01' SALINA, KANSAS
Oy /l::'f:,c<
4
Book: 1222 Page: 1928
ACKNOWLEDGEMEN'rs
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrumcnt was acknowledged berore me on Decembcr\S, 20 I 0, by Patricia A,
Grimwood as President and AJ, D' Angelo as Clerk of the Unified School District No, 305
Board of Education,
!\, DEBORAH S, HOWARD
"'J,,
~;:;.::iFJ r.:O~2ry Public - State of Kansas
t~JAppl. Expi,cs l...\ -
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My appointment expires:
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrumcnt was aeknowledgcd before me on Deecmber IS', 2010, by Mark J,
Schmidt, Shane T. Swagcrty, and Stephen 1-1. Steinle as mcmbers ofSSS Propertics, LLC.
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrumcnt was acknowledged bcfore me on Dcccmbc(3~1l 0, by Aaron G, Pcck
as Mayor and Lieu Ann Elscy, CMC, as City Clcrk of the City or Salina, Kansas,
ap ,
/YiL.I /(j(UrJ-
Notary Public
My appointmcnt expires: if m/;):)JJ-
5
Exhibit A . . 1222 P ge l~c~
Existing Eight Inch (8")
Storm Water Drainage Pipeline
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Southview Plaza, Inc. :I:
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Genesis Health Club
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- 8 Inch Storm Water
" Drainage Pipleline
Suburban T.V.
and Appliance
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U.S.D. #305 AutoZone
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0 50 100 200 300 400
Feet
Book: 1222 Page: 1930
Exhibit B
Owner: Unified School District, No. 305,
Saline County, State of Kansas
Description:
A tract of land in Lot 1, Block 1, Hurd Plaza Addition, City of Salina,
Saline County, Kansas, more particularly described as follows:
Commencing at the Northeast Corner of said Lot 1,
Thence on an assumed bearing of North 89'57'32" West on the North
line of said Lot 1, a distance of 172.00 feet to the Point of Beginning;
Thence South 00'01'59" East, distance of 20.00 feet;
Thence North 89'57'31" West, a distance of 184.35 feet to a point on
the Lot line of said Lot 1;
Thence North 00'14'56" West, a distance of 20.00 feet to the corner of
said Lot 1;
Thence South 89'57'32" East, a distance of 184.43 feet to the Point
of Beginning.
Said Tract contains 3687.8 ft2 more or less.
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Book: 1222 Page: 1931
Exhibit C
Owner: Unified School District, No. 305,
Saline County, State of Kansas
NO'14'56"W
20.00
Corner of Lot 1, Block
1, Hurd Plaza Addition
589'57'32"E
184.43
Drainage Easement
Area: 3687.8 ft2
North Line, Hurd Plaza Addition
Point of Beginning
50'01'59"E
20.00
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Point of Commencement
Northeast Corner of Lot 1, Block
1, Hurd Plaza Addition, Salina,
Kansas
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SCALE; 1" = 50'
CITY OF SALINA, KANSAS
PUBLIC WORKS - ENGINEERING - UTILITIES
100
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Exhibit C
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Book: 1222 Page: 1932
EXHIBIT "D"
DESCRlPTION
DRAINAGE EASEMENT - SUBURBAN T.V.
A portion of the Northeast Quarter of Section 26, Township 14 South, Range 3 West of
the 6th Principal Meridian in the City of Salina, Saline County, Kansas, more particularly
described as follows:
Commencing at the Northeast comer of the Northeast Quarter of Section 26, Township
14 South, RangeJ West of the 6th Principal Meridian; thence with an assumed bearing of South
00032'28" East along the East line of said Northeast Quarter 721.56 feet (720.0 Record) to the
extension of the North'line of Hurd Plaza Addition to the City of Salina, Kansas; thence North
89059' 19" WeSt 60.00 feet to the West right-of-way line of South Ninth Street for the point of
beginning; thence South 00032'28".East along said right-of-way line 18.00 feet; thence North
89059' 19" West parallel with the extension of the North Line of said Hurd Plaza Addition
153.07 feetto the East line 'of LotI , Block 1, Hurd Plaza Addition; thence North 00003 '34"
West along the Easflirie of said Lot 1 a distance of 18.00 feet to the Northeast comer of Lot 1,
. Block 1, Hurd Plaza Addition; thence South 89059' 19" East along the extension of the North line
of Hurd Plaza Addition 152.91 feet to the point of beginning.
Dated: December 9, ?-~U~"'''""
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ProJ. No. G20l0-1~\~ ........41> '"
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Book: 1222 Page: 1933
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Exhibit ~ g>>
NE Cor. HE 1/4
Sec. 26, T14S. R3W
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BASIS OF NARlNG = ASSVUCD
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is" I hereby cerWy thiJ plat to be a true. correct and complete reprelentation 01 the property deacribed,...t)~~'~~eyed under my
C suptU"Yilrion. ", ~l(.t: . ~4;:;;..
~ Dated: December 9, 20JO .t'~....G;ST€... .,.6>....~
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