Lots 1 & 2, Block 1 Book: 1253 Page: 984
GRANT OF TEMPORARY DRAINAGE EASEMENT AGREEMENT
This TEMPORARY DRAINAGE EASEMENT AGREEMENT (the "Agreement") is
executed as of the 1144 day of ntph3A= , 2012 by and among Sutherland Lumber &
Home Improvement Co., Limited Partnership, an Oklahoma limited partnership (the "Grantor"),
the City of Salina, Kansas, a municipal corporation (the "City") and GMRI, Inc., a Florida
corporation (the "Benefitted Party") (the City and the Benefitted Party, hereinafter collectively
referred to as the"Grantee").
Recitals:
A. Grantor is the owner of that certain parcel of real estate in Saline County, Salina,
Kansas, which is more particularly described on Exhibit A, attached hereto and made a
part hereof by this reference (the"Grantor Property").
B. Benefitted Party is the owner of that certain parcel of real estate in Saline County, Salina
Kansas, which is more particularly described on Exhibit B, attached hereto and made a
part hereof by this reference (the"OG Property").
i
C. The Grantor Property and the OG Property are currently being developed and shall
constitute all of the property within a shopping center.
D. Grantor desires to grant for the benefit of the OG Property a non-exclusive Temporary
Drainage Easement for the benefit of the OG Property in which the Benefitted Party can
use certain storm water detention and transmission facilities, including a detention basin,
storm pipelines, ditches, swales, rip rap and other erosion control devices (the
"Facilities") to transmit storm water from the OG Property to a detention basin on the
Grantor Property, which is being constructed to benefit the OG Property in accordance
with the plans approved by the City Engineer.
Agreement:
1. Recitals. The Recitals to this Agreement are incorporated herein as part of this
Agreement.
Book: 1253 Page: 985
2. Grant of Easement. Grantor hereby grants unto the Grantee and their successors and
assigns, for the benefit of the OG Property, a non-exclusive Temporary Drainage
Easement, for the purpose of collecting, detaining and transmitting surface storm water
from the OG Property, on, over,across, under, through and upon the Grantor Property to
the area legally described on the attached and incorporated Exhibit C and depicted on
the attached and incorporated Exhibit D (the "Detention Basin Location"). That part of
the Grantor Property upon which are located the Facilities and the Detention Basin
Location is hereinafter referred to as(the"Easement Area").
3. Duration. Grantor acknowledges that this temporary drainage easement shall remain in
place until such time as a drainage analysis and drainage plan is approved for the
remainder of the Grantor Property. At the time of full build out of the remaining Grantor
Property and construction of a permanent surface detention basin serving the entire
subdivision, the governing body shall vacate this temporary drainage easement and a
new permanent drainage easement covering the entire detention basin shall be
dedicated in Its place.
4. Maintenance. The maintenance obligations related to the Easement Area (as
hereinafter defined) are to be as set forth in that certain Declaration of Easements,
Covenants, Conditions and Restrictions dated as of the Wf4day of September, 2012
and recorded concurrently herewith (the "Declaration"). 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 the party responsible for the maintenance as
required by the Declaration ("Responsible Party') upon the expiration of three (3)
business days written notice to Grantor(the "Correction Period"). Upon the expiration of
the Correction Period, if the Responsible Parry has not corrected any hazard identified
by the City Engineer, Officials representing the City Engineering Department shall have
the right to enter upon the Easement Area for purposes of periodic inspection and / or
corrective maintenance of the Easement Area. If maintenance is neglected, any costs
incurred by the City in the maintenance of the Easement Area, shall be assessed and
charged against all of the tracts within the shopping center. The City Clerk shall at the
time of certifying the City taxes to the County Clerk certify the aforesaid costs and the
County Clerk shall extend the same on the tax rolls of the County against said tracts and
it shall be collected by the County Treasurer and paid to the City as other City taxes are
collected and paid. The City may, in lieu of levying the maintenance costs against the
tracts, maintain an action against the tract owners to collect the costs of said
maintenance in the same manner as any other obligation owed the City might be
collected.
5. Notices. All notices, requests, demands or other communications required or permitted
under this Agreement shall be in writing and delivered either: (i) personally; (ii) by
certified or registered mail, return receipt requested, postage prepaid; or (iii) by a
recognized overnight courier service(such as Fed Ex), at the following addresses:
if to Benefitted Party: GMRI, Inc., a Florida corporation
1000 Darden Center Drive
Orlando, FL 32837
Attn: Property Law Administration
if to Grantor. Sutherland Lumber& Home Improvement Co.,
Book: 1253 Page:986
Limited Partnership
4000 Main Street
Kansas City, MO 64111
Attention: Steve Scott
With Copy to: Michael B. Shteamer
Polsinelli Shughart PC
700 W. 47th St., Suite 1000
Kansas City, MO 64112
Phone: (816) 374-0586
Fax: (816) 753-1536
All notices given in accordance with the terms hereof shall be deemed received on the
next business day if sent by overnight courier, on the fourth (4`h) business day following deposit
with the United States Mail as a registered or certified matter with postage prepaid, or when
delivered personally or otherwise received. Either party hereto may change the address for
receiving notices, requests, demands or other communication by notice sent in accordance with
the terms of this Section 5.
6. Improvements in Easement Area. Upon receiving written approval from the City
Engineer, such approval not to be unreasonably withheld or delayed, property owner(s)
may construct improvements over the pipeline portion of the Easement Area and/or use
the surface of the pipeline portion of the Easement Area for improved parking, provided
the improvement does not interfere with the function of the detention facility.
7. Signing Parties. Grantor and Benefitted Party 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.
8. Counterparts. To facilitate execution, this Agreement may be executed in as many
counterparts as may be convenient or required. It shall not be necessary that the
signature or acknowledgment of, or on behalf of, each party, or that the signature of all
persons required to bind any party, or the acknowledgment of such party, appear on
each counterpart. All counterparts shall collectively constitute a single instrument. It
shall not be necessary in making proof of this Agreement to produce or account for more
than a single counterpart containing the respective signatures of, or on behalf of, and the
respective acknowledgments of, each of the parties hereto.
9. Severabilitv. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
10. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Kansas.
11. Entire Agreement. Unless otherwise noted, this Agreement contains the entire
agreement between the parties relating to the rights herein granted and the obligations
herein assumed. Any or all representations or modifications concerning this Agreement
Book: 1253 Page: 987
shall be of no force and effect except for a subsequent modification in writing signed by
the parties hereto.
12. Covenants Run with Land• Binding Effect. The rights, obligations and benefits
established pursuant to this Agreement shall run with the land and shall be binding upon
the owner of the OG Property and the Grantor's Property and their respective
successors and assigns and all subsequent owners of any portion of such Properties.
Nothing contained herein is intended nor shall it be construed as creating any rights in or
for the benefit of the general public.
13. Construction. Whenever the context hereof so requires, reference to the singular shall
include the plural and likewise, the plural shall include the singular; words denoting
gender shall be construed to mean the masculine, feminine or neuter, as appropriate;
and specific enumeration shall not exclude the general, but shall be construed as
cumulative of the general recitation.
14. Attorney's Fees. In the event of litigation arising out of the interpretation or enforcement
of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's
fees from the non-prevailing party, together with all costs and out-of-pocket expenses.
Attorney's fees shall include those incurred at that or in appellate proceedings.
15. Waiver and Amendment. No breach of any provision hereof can be waived unless in
writing. Waiver of any one breach shall not be deemed to be a waiver of any other
breach of the same or any other provision hereof. This Agreement may be amended
only by a written agreement executed by all of the parties hereto.
[REMAINDER OF PAGE
INTENTIONALLY BLANK]
Book: 1253 Page: 988
IN WITNESS WHEROF, the Grantor set its hand this�day of�w Z^--W012.
Sutherland Lumber& Home Improvement Co.,
Limited Partnership
By: Osage Door Co., Inc.,
Its General Partner
By:
Mark B. Sutherland, Vice President
STATE OF 1 '`ISSOIt21, JACKSonI COUNTY, ss:
BE IT REMEMBERED, that on this_(at—k day of IIkBEQ 2012 before me, the
undersigned, a notary public in and for the county and state aforesaid, came Mark B.
Sutherland, Vice President of Osage Door Co., Inc., the General Partner of Sutherland Lumber
& Home Improvement Co., Limited Partnership, an Oklahoma limited partnership 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.
i
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
MAgCIA.SWAgT2
Notary PobUa= Bar
Jhb of ANasourl,Cas County
Commialon s OSSS2S51
MP Comrnistlon EaPiroa FM�,20/3
Book: 1253 Page: 989
IN WITNESS THEREOF, the City sets its hand this 1��?day of September, 2012
CITY OF SALINA, KANSAS
ACCEPTED B .
a Jennings, Mayor
ATTEST:
LA 10
Sh ndi Wicks, Deputy City Clerk
STATE OF KANSAS, COUNTY SALINE, SS:
On this 1141 day of 2012, before me a Notary Public in and for said
state, personally appeared Norman M. Jennings, Mayor, and Shandi Wicks, Deputy, 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.
o CYNTHIA S. WOLFF
Notary Public•S to of Kansas
Nota Public My Appt.Expires
Book: 1253 Page: 990
IN WITNESS WHEROF, the Benefitted Party set its hand this t mk day of m�,(2012.
GMRI, Inc.
A Florida corporation
By,
Name: 5W—M ti
Title: ICa esidrni-
STATE OF 01', _. _ _Q jfjge, COUNTY, ss:
BE IT REMEMBERED, that on this _day of S Lgm 2012 before me, the
undersigned, a notary public in and for the coypty and state aforesaid, came
W IIIIArYI - , eMAin his/her capacity as VI@� t t 251 of GMRI, Inc., a Florida
corporation 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 for and on
behalf of said corporation.
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary blic OA
',•ASVry =. CUMMYN F1u1SELMAM
N K MY COWASSION#EE 04
EXPIRES:Me 28 2015
� OmAadlNU Nday Rd&UMawfles
Book: 1253 Page: 991
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR PROPERTY
Lots 1 and 2, Block 1, Sutherland Addition, a subdivision in the City of Salina, Saline County,
Kansas, except for the following described tract:
All that part of Lots 1 and 2, Block 1, Sutherland Addition, a subdivision in the City of
Salina, Saline County, Kansas, described as follows: .
BEGNING at the Southeast corner of Lot 1, Block 1, Sutherland Addition; thence North
89 degrees 34 minutes 30 seconds West along the South line of Lots 1 and 2 of said
Block I a distance of 395.00 feet to a point; thence North 0 degrees 15 minutes 42
seconds East a distance of 217.63 feet to a point; thence South 89 degrees 34 minutes 30
seconds East a distance of 395.00 feet to a point on the East line of said Lot 1; thence
South 0 degrees 15 minutes 42 seconds West along the East line of said Lot 1 a distance
of 217.63 feet to the POINT OF BEGINNING and containing 85,964 Square Feet or
1.973 Acres,more or less.
Book: 1253 Page: 992
EXHIBIT B
LEGAL DESCRIPTION OF THE BENEFITTED PROPERTY
Tract 1
All that part of Lots 1 and 2, Block 1, Sutherland Addition, a subdivision in the City of Salina,
Saline County, Kansas, described as follows:
BEGNING at the Southeast corner of Lot 1, Block 1, Sutherland Addition; thence North 89
degrees 34 minutes 30 seconds West along the South line of Lots 1 and 2 of said Block 1 a
distance of 395.00 feet to a point; thence North 0 degrees 15 minutes 42 seconds East a distance
of 217.63 feet to a point; thence South 89 degrees 34 minutes 30 seconds East a distance of
395.00 feet to a point on the East line of said Lot 1; thence South 0 degrees 15 minutes 42
seconds West along the East line of said Lot 1 a distance of 217.63 feet to the POINT OF
BEGINNING and containing 85,964 Square Feet or 1.973 Acres,more or less.
Book: 1253 Page: 993
EARLES ENGINEERING & INSPECTION
115 W. Iran Salina, Kansas 67401 (785) 309-1060
LEGAL DESCRIPTION
A tract of land located in Lot 2,Block 1,Sutherland Addition,according to the recorded plat thereof,in the City of Salina,
Saline County,Kansas.
Beginning at the Northwest comer of said Lot 2;
Thence South 89degrees-48-minutes-15-seconds Fast along the North line of said Lot 2,a distance of One-hundred Forty and
Zero hundredths(140.00)feet;
Thence South 00degrees-29-minutes-l4-seconds West,a distance of Four hundred Twenty-five and Thirty-six hundredths
(425.36)feet to the Northwest comer of a 10.00 foot wide drainage casement;
Thence South 89-degrees-34-minutes-30-seconds Fast,parallel with the South line of said Lot 2,a distance of Three-hundred
Twenty-nine and Two hundredths(329.02)feet;
Thence South 00-degrees-25-minutes-30-seconds West,a distance of Ten and Zero hundredths(10.00)feet to the North line of
a 30.00 foot wide utility easement;
Thence North 89degras-34-minutes-30-seconds West,along the North line of said 30.00 foot wide utility easement,a distance
of Three hundred Twenty-nine and Three hundredths(329.03)feel;
Thence South 00-degrees-29-minutes-l4-seconds West,a distance of Sixty and Zero,hundredths(60.00)feet to the southem
property line of Lot 2
Thence North 89degrees-34-minutes-30-seconds West,along the South line of said Lot 2,a distance of One-hundred Forty and
Zero hundredths(140.00)fed;
Thence North 00-degrees-29-minutes-l4-seconds East,a distance of Four hundred Ninety-four and Eighty hundredths(494.80)
feet at the Point of Beginning;
This tract of land contains 1.67 acres more or less,and is subject to easements,restrictions,mservations,conveyances,
encumbrances,and leases of record.
SEE ATTACHED DRAWING
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Book: 1253 Page: 994
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BLOCK 1
SUTHERLAND ADDITION
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EXHIBIT "D"
SCALE: 1" = 100'
EEI: it-66
Date: 9-14-12 Page 2 of 2