Lot 1, Block 1 -
REBECCA SEEMAN
{-' --'°`REGIS T ER OF OEEOS SALINE COUNTY KANSAS
Book: 1285 Page: 173-177
• "°` I.' Receipi a: 96758 Recording Fee: 629.00
mm''`.'% Pages Recorded: 5 n t&&cz -25r d
Date Recorded: 6/6/2011 11:09:37 AM
EASEMENT ENCROACHMENT FOR A FENCE
IN A PUBLIC UTILITY/DRAINAGE EASEMENT
This Easement Encroachment Agreement to allow construction of a decorative
wrought iron fence in a Public Utility/Drainage Easement ("Agreement") is entered into
this al day of July, 2014 by and between the City of Salina, Kansas ("City") and
Kansas Wesleyan University ("Property Owner").
• Recitals
A. Kansas Wesleyan University is a Kansas not for profit corporation and
educational institution whose campus is located within the city limits of Salina.
B. Kansas Wesleyan University is developing a university sports complex on the
block bordered by South Fourth Street on the west, Claflin Avenue on the north,
Osborne Street on the east and Cloud Street on the south described as follows
(the "Private Property"):
Lot One (1), Block One (1) of the Kansas Wesleyan
University Sports Complex Addition to the City of Salina,
Saline County, Kansas
C. As part of the project, Kansas Wesleyan is proposing to construct a decorative
fence around the sports complex facility.
D. The City of Salina has a 42 inch RCP public storm sewer pipeline that runs along
the south side of Claflin Avenue and is concerned about maintaining access to
the pipeline in order to perform necessary maintenance and repairs.
E. The Property Owner has submitted plans for locating and constructing a
decorative wrought iron fence with brick pilasters in a 10 ft. utility/drainage
easement (the "Easement") located on the North 10 ft. of Lot One (1), Block One
(1) of the Kansas Wesleyan University Sports Complex Addition, which is over
the top of or in close proximity to the storm sewer pipeline.
F. The governing body of the City has determined that the public interest is best
served by the use of the public utility/drainage easement as provided for in this
Agreement.
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Book : 1285 Page : 474
THE PARTIES therefore agree and covenant:
1. Grant of Authorization. The City hereby authorizes the placement of a fence over
its utility/drainage easement, subject to the terms of this Agreement, (the
"Agreement") as depicted on the attached and incorporated Exhibit A (the
"Easement Area") and in conformance with the approved Site Plan as shown on
the attached and incorporated Exhibit "A" subject to the following condition:
a. The City Engineer shall have the authority to review and approve or
require modification of the final design and location of the brick pilasters to
insure that installation of the pilasters and support footings will not
damage the City's storm sewer pipeline.
2. Temporary Removal of Encroachment. The Property Owner shall promptly,
•
upon written notice received from the City of Salina, temporarily remove or
relocate the fence over and upon the utility/drainage easement. All requests
made to the Property Owner by the City of Salina to remove or relocate the fence
shall be made pursuant to a need by the City of Salina and its employees and
agents to use, service, repair, and/or connect to the storm water pipeline located
• within the Easement, and/or to access the Easement for the purpose of
accessing a connected easement. Any removal or relocation costs incurred by
the Property Owner relating to the construction and existence of the fence shall
be borne by the Property Owner at no cost to the City of Salina. The Property
Owner waives and released all rights, cause of action or claims against the City
of Salina based on the construction or relocation of the fence, located over and
upon the Easement.
3. Indemnification and Hold Harmless. Property Owner shall indemnify and hold
and save the City, its officers, employees, agents, and contractors harmless form
any loss, cost, expense, penalty, damage, or judgment, including attorneys fees,
that may arise from the Property Owner's use of the Easement area.
4. Term of License. This License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
a. Termination of the License by the Property Owner at any time after no less
than 60 days notice from Property Owner to the City.
b. Termination of the License based upon the Property Owner's failure to
construct, maintain, repair, replace, or reconstruct the perimeter fence
provided that such failure has not been cured by Property Owner within 60
days of written notice from the City.
c. Written notification to the Property Owner by the City that the public
interest is best served by the use of the Easement area in a manner in
conflict with the Agreement, and that the Agreement shall terminate no
less than 180 days following such notice. In the event of termination
pursuant to this Section 4.c and upon request by the City, Property Owner
Book : 1285 Page : 475
shall permanently remove and/or relocate the fence without cost to the
City.
5. Notices. Any notice to either party shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
City: City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Property Owner: Kansas Wesleyan University
100 E. Claflin Avenue
Salina, KS 67401
6. Assignment of Agreement. The assignment of any rights under this Agreement
by the Property Owner shall be subject to the prior written consent of the City.
7. Binding Effect. The City and the Property Owner agree that this Agreement shall
be recorded with the Office of the Saline County Register of Deeds and shall be
indexed to the Private Property. This Agreement shall "run with the land" in
relation to the Private Property and shall be binding upon and inure to the benefit
of the Property Owner, its authorized or permitted successors and assigns, and
any subsequent owners of the Private Property.
(Signature Page Follows)
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Book : 1285 Page : 476
EXECUTED the day and year first above written.
CITY OF SAL • •V ANSAS
By
• Aaron . Householter, Mayor
ATTEST:
Sh ndi Wicks, City Clerk
KANSAS WESLEYAN UNIVERSITY
By: A� 6
`Matt Thompson, Presi nt
ACKNOWLEDGEMENTS
STATE OF KANSAS; COUNTY OF SALINE, ss:
This instrument was acknowledged before me on SS
Y
g de�q-y, 2014, by Aaron K.
Householter, Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk,
for the City of Salina, Kansas.
t, MICHELER.ORR-MUTHS 1
Notary Pudic- State of Kansas ' 1 /�
t' My Appl.Expires �tq-t'� _ _.l 1,
No ary Public
STATE OF KANSAS; COUNTY OF SALINE, ss:
This instrument was acknowledged before me on July .2/ , 2014, by Matt
Thompson, President of Kansas Wesleyan University.
R'':' N- RITAaNORTHUP i
sua MY COMMSSIONEXPI•i A a PIt
e '' — 3– No'.ry Public
•
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EXHIBIT ABook : 1285 Page : 477
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