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Lot 1 t r REBECCA SEEMAN ••�, GISTER OF DEEDS SALINE COUNTY KANSAS 1 v.•`407F7 i '; Book: 1239 Page: 933-935 f»•P % E`p5 >' Receipt #: 75568 Recording Fee: 616.00 Pages Recorded: 3 Date Recorded: 12/20/2011 10:33:97 AM GRANT OF PERMANENT DRAINAGE EASEMENT William J. Warhurst and Mary A. Warhurst, husband and wife (the "Grantors"), being the owners of the hereinafter described real estate which is commonly known as 1600 South Broadway Boulevard in Salina, Kansas do 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 legally described and depicted on the attached and incorporated Exhibit A for the purposes of locating, constructing, excavating, and maintaining: Storm water detention and transmission facilities, including a detention basin, a pump, storm pipelines, ditches, swales, rip rap and other erosion control devices for the purpose of collecting, detaining and transmitting surface storm water from the site to be constructed in accordance with the plans approved by the City Engineer. Grantors acknowledge that they are perpetually obligated to maintain the detention basin, pump and easement area in a state of good repair. All maintenance within this drainage easement shall be the right, duty and responsibility of the property owner(s). However if the maintenance of the easement area is neglected and is determined to be a hazard or threat to public safety by the City Engineer corrective maintenance may be performed by the City of Salina with costs assessed to and borne by said property owner(s). Officials representing the City Engineering Department shall have the right to enter upon the easement for purposes of periodic inspection and / or corrective maintenance of the detention facility. Upon receiving written approval from the City Engineer, property owner(s) may construct improvements within the easement provided the improvement does not interfere with the function of the detention facility. Grantors hereby covenant that they are the lawful owners of the described premises and have the right, power, and authority to convey the rights granted hereby. IN WITNESS WHEROF, the Grantors set their hands this day of November, 2011. By: By: William J. W6Aurst Mary Whrhurst Book . 1239 'age : 934 STATE OF KANSAS, SALINE COUNTY, ss BE IT REMEMBERED, that on this \T( day of )�evf.w,6sT- 2011 before me, the undersigned, a notary public in and for the county and state aforesaid, came William J. Warhurst and Mary A. Warhurst, husband and wife, who are personally known to me to be the same persons who executed the above and foregoing instrument of' writing and duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed.my name and affixed my official seal the day and year last above written. LOUISE DUPES Notary Public-State of Kansas _ My Apt. Expires DA, Notary Public CITY OF SALINA, KANSAS ACCEPTED BY: Samantha Angell, Mayor ATTEST: Lieu Ann Elsey, City Clerk STATE OF KANSAS, COUNTY SALINE, SS: On this I day of be6&;4b&r- 2011, before me a Notary Public in and for said state, personally appeared Samantha P. Angell, Mayor, and Lieu Ann Elsey, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the easement document on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. SHANDI L. WICKS Notary Public- State of Kansas MyAppt.Expires of ry Public ,. a o +J gEL AIR ADDITION 30' INGRESS EGRESS A PORTION -EASEMENT PER MISC. OF LOT 1 BOOK 111, PAGE 511 SCALE: 1"=20' N 49'12'30 ' E 53.00'(M) LO O Q M a- Q m �-' 00 Op a° y- O 0000 Do m = STORM DETENTION (/j POND AREA Ld V O 4,240 (SQUARE FEET O O I � z I cn POINT OF BEGINNING N 40°47'30" W S 49'12'30 ' W 53.00'(M 10.00'(M) R 60' R/W POINT OF COMMENCEMENT SE. COR, LOT 1 STORM DRAINAGE POND DESCRIPTION: A PORTION OF LOT 1, BEL AIR ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, DESCRIBED AS FOLLOWS: o, COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE WESTERLY v RIGHT-OF-WAY LINE OF BROADWAY BOULEVARD; THENCE N 40'47'30" W ALONG SAID WESTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF 'THE TRACT BEING DESCRIBED; THENCE N S 49'12'30" W A DISTANCE OF 53.00 FEET; THENCE N 40'47"30 W A DISTANCE OF 80.00 FEET; THENCE o N 49'12'30" E -A DISTANCE OF 53.00 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S 40'47'30" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE 0.00 FEET TO THE POINT OF r BEGINNING. CONTAINS 4,240 SQUARE FEET. C ' END OF DESCRIPTION M O� GEMS l CD -4 j KAW VALLEY ENGINEERING, INC. �1�g1Z�1� m MIDWEST SIDING ui CONSULTING ENGINEERS — LAND SURVEYORS LS-1 1 ;10 1600 S. BROADWAY 1331 ARMORY ROAD C, SALINA KS 67401 W ® SALINA, KANSAS 67401 Oa, PH. (785) 823-3400 I FAX (785) 823-3411 q kq NS P5 o NOVEMBER 8 2011 o sa@kveng.com I www.kveng.com ' ° S U O 0312EXBA LRR J