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No. 2 Lot 1 & Lot 2 Block 9 REBECCA SEEMAN REGISTER OF DEEDS SALINE COUNTY KANSAS 11800k: 1288 Page: 1652-1658 :' Receipt ": 9B158 I Recording Fee: 632.00 `+� '' ;'' 'i' Pages Recorded: 7 r�") Abeam Date Recorded: 10/31/2011 9:11:19 AM PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT This Public Drainage Easement and Maintenance Covenant ("Easement and Covenant") is made this j1-41 day of Ocko6e r , 2014, by Roger and Maureen Mattison, husband and wife ("Owners"): Recitals A. Owners are the owners of an approximately 12,895 square foot tract of real estate legally described as follows ("Property"): Lot 1, and a portion of Lot 2, Block 9, Meyer Addition to the City of Salina, Saline County, Kansas, being more particularly described as follows: Beginning at the Northeast corner of said Lot 1; thence S O1°17'06" E along the East line of said Lot 1, a distance of 13.20 feet; thence continuing along said East line, on a curve to the left, having a radius of 410.00 feet, an arc length of 102.96 feet, a chord bearing of S 08°22'09" E, and a chord distance of 102.69 feet to the Southeast corner of said Lot 1; thence S 88°47'24" W along the South line of said Lots 1 and 2, a distance of 120.90 feet; thence N 01°21'31" W a distance of 115.20 feet to a point on the North line of said Lot 2; thence N 88°51'00" E along the North line of said Lots 1 and 2, a distance of 108.38 feet to the point of beginning, contains 12,895 square feet, more or less B. The property is located in a designated Critical Drainage Area and owners have developed a portion of the Property for purposes of constructing and operating a preschool facility and such development will substantially impact surface storm water runoff and drainage on the Property. C. The City of Salina, Kansas ("City") has conditioned its plat approval and issuance of a certificate of occupancy for Owners' building on the Property upon Owners' grant of a public drainage easement, and upon Owners' promise to construct, operate, clean, maintain, and repair a storm water detention basin and related storm water control facilities within the drainage easement area, in accordance with the City-approved plans and specifications (the "Drainage Facilities"). Book : 1288 Rage : 1653 D. Owners have constructed the Drainage Facilities within the proposed easement area, and the City has agreed to issue the requested certificate of occupancy subject to Owners' grant of the public drainage easement and covenant to perpetually maintain and repair the Drainage Facilities, in accordance with the terms and conditions set forth below. NOW THEREFORE, in satisfaction of the conditions precedent to the City's grant of the requested certificate of occupancy, Owners warrant, agree, and covenant as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Grant of Public Drainage Easement. Owners, on their behalf and on behalf of their successors and assigns (hereinafter collectively referred to as "Owners") hereby grant and convey to the City a public drainage easement, in perpetuity, on a portion of the Property legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B ("Easement Area'), for the purpose of locating, constructing, excavating, and maintaining the Drainage Facilities, and for the purpose of collecting and retaining surface storm water from the Property. Owner acknowledges and agrees that the Drainage Facilities are intended to collect and retain storm water, and once collected, the water shall not be discharged directly to any other location, including but not limited to adjoining property or the City's storm sewer system. Owners further grant to the City a non-exclusive perpetual easement over and across the Property adjoining the Easement Area, for the purpose of allowing the City vehicular and pedestrian access to inspect the Easement Area and to exercise the rights and privileges granted herein. 3. Construction and Maintenance of Drainage Facilities. Owners covenant and agree to regularly and routinely, and at their own cost and expense, inspect, clean, and maintain the Drainage Facilities, and otherwise keep the Drainage Facilities in good repair and working order. Owner shall keep the Easement Area free and clear of all trees, shrubs, vegetation, and materials which may impair the Drainage Facilities' function or structural integrity. 4. City's Rights; Reimbursement of City's Costs. 5.1. If the City determines, in its sole discretion, that the Drainage Facilities or Easement Area are not properly cleaned, maintained, or otherwise kept in good repair or working order, the City shall provide written notice of the deficiency to Owners. If the deficiency remains unabated by Owners thirty (30) days after the date of the written notice, the City shall have the right, but not the obligation, to perform such cleaning, maintenance, repairs, and reconstruction as deemed necessary by the City Engineer to correct the deficiency. 5.2. Owners shall be liable for and shall reimburse the City for the City's actual costs and expenses incurred in connection with the performance of any such cleaning. maintenance, repairs and reconstruction. For purposes of this Easement and Covenant, the term "actual costs and expenses" shall include, but shall not be limited to, the City's labor costs, tool and equipment costs, supply costs, and engineering and design costs, regardless of whether the -2- Book : 1288 Page : 1654 City uses its own personnel, tools, equipment, and supplies. If such actual costs and expenses are not fully paid within thirty (30) days after delivery to Owners of a written request for reimbursement from the City, such costs may be assessed against the Property. The City Clerk shall, at the time of certifying assessments to the County Clerk, certify any such costs and expenses, and the County Clerk shall extend the same on the tax rolls of Saline County against the Property, which shall be collected and paid to the City as other assessments are collected and paid. Owners acknowledge and agree that the City may, in addition to or in lieu of levying such costs and expenses against the Property, maintain an action against Owners for collection of such costs in the same manner as any other obligation owed to the City. 5. No Modification of Drainage Facilities. Owners shall not make any material modification to the Drainage Facilities, except for corrective repairs and maintenance, unless and until the City Engineer has approved in writing the plans and specifications for the proposed modification. 6. Indemnification. To the fullest extent permitted by law, Owners shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions, or defective work or services of the Owners, its employees, agents, or any tier of subcontractors in the performance of this Easement and Covenant. 7. Notices. All notices required or permitted to be given pursuant to this Easement and Covenant shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service: or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any parry gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk P.O. Box 736 Salina, KS 67402-0736 OWNER: Roger and Maureen Mattison 485 Upper Mill Heights Drive Salina, KS 67401 8. Binding Covenant Running with the Land. This Easement and Covenant shall run with the land and shall be binding upon all parties now having or hereafter acquiring any right, title, or interest in the Property or any part thereof. A copy of this Easement and Covenant -3- Book : 1288 Page : 1655 shall be recorded and indexed to the Property in the records of the Saline County Register of Deeds. 9. No Waiver. No waiver of default by the City of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by Owners shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by Owners. 10. Attorney Fees. In the event the City is required to bring an action to enforce the terms of this Easement and Covenant, the City shall be entitled to its reasonable attorney fees and expenses. 11. Applicable Law; Venue. This Easement and Covenant and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Easement and Covenant, the sole and exclusive venue shall be in the Saline County, Kansas District Court. 12. Severability. The unenforceability, invalidity, or illegality of any provision of this Easement and Covenant shall not render the other provisions unenforceable, invalid, or illegal. 13. Ownership. Owners covenant that Owners own the Property and have the right, title, and capacity to grant this Easement and Covenant. 14. Persons Bound. This Easement and Covenant shall extend to and bind the heirs, executors, administrators,trustees, successors and assigns of Owners. 15. Amendments. Neither this Easement and Covenant nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the City. {Remainder of Page Intentionally Blank} -4- Book : 1288 Page : 1656 IN WITNESS WHEREOF. Owners have executed this Easement and Covenant effectiv . of the day and year written above. 4 /� U/I nib o_i n Rog::' attison, Owner MaureenMattison�wn r STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on oddien h, 2014, by Roger Mattision and Maureen Mattison, husband and wife. • OWLOUISE DUPES Notary Pogo:Slab of Kama / My Appt.Expires 4-�a a�15 v10�-UA .- 1 --/ Notary Public ACCEPTANCE OF PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT CTY F SALINAgir : Aaron K. ,'ouseholter. Mayor ATTEST: Shandi Wicks, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: LL This instrument was acknowledged before me onO(fpbe( or? , 2014 by Aaron K. Householter, Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for the City of Salina, Kansas. kfriMICHELE R.ORR-MOTHS �I ibk" Yikkikes Notary Pudic- State of Kansas My Appt Expires q, .1y� No ublic -5- Book : 1288 Page : 1657 EX - IBIT " A " EASEMENT DESCRIPTION: DRAINAGE EASEMENT #2 THAT PORTION OF LOTS 1 & 2, BLOCK 9, MEYER ADDITION TO THE CITY OF SAUNA, COUNTY OF SALINE, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF S 88'50'44" W ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 66.11 FEET TO THE POINT OF BEGINNING; THENCE S 01'00'00" E A DISTANCE OF 25.00 FEET; THENCE S 88'50'44" W A DISTANCE OF 42.11 FEET; THENCE N 01'21'31" W A DISTANCE OF 25.00 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE N 88'50'44" E ALONG SAID NORTH LINE OF LOTS 2 & 1, A DISTANCE OF 42.27 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS EXHIBIT IS AN ASSUMED BEARING OF N 88'50'44" E ALONG THE NORTH LINE OF BLOCK 9, MEYER ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. ri a; N CO ry9 xm G_ 2 PM e ' °F �Co Oe /C- 1 11 in en W 3 LS-120 � � . C. 1. W '9 �gNSPS 0 cc a. SURN�' en KAW VALLEY ENGINEERING, INC. Ai, CONSULTING ENGINEERS - LAND SURVEYORS At 1331 ARMORY ROAD SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 E13S0842 SEPT 17, 2014 sa6kveng.com I www.kveng.com 0842EXB2 JP/LRR Book: 1288 Page : 1658 EXHIBIT " B " \--q MCADAMS ROAD R/W t POINT OF a BEGINNING ' EASEMENT #2 N 88'50'44" E 42.27' S 88'50'44" W 66.11' 30' R/W :r..W POINT OF COMMENCEMENT Z Y °0 DRAINAGE EASEMENT #2 rn N ui .EASEMENT °o uj mm NE CUR, LOT 1, BLOCK 9, #2 .:_QIN - MEYER AUDITION cv Z . . I �. S 88'50'44" W 42.11' I \.. 25 BUILDING SETBACK EAST LINE, LOT1 =4 I m N BLOCK 9 a. a MEYER ADDITION -......\ N co-- a t RAINAG t E D ASEMEN E T .. .. #1:.. I Z i NORTH LINE, 7' 0 - UTILITY EASEMENT — 7 UTILITY EASEMENT Sb cnI W_ n g 0 i KAW VALLEY ENGINEERING, INC. 0 .j CONSULTING ENCNEERS – LAND SURVEYORS SCALE: 1" = 20' 331 ARMORY ROAD SAUNA, KANSAS 67401 PH. (785) 823-3400 1 FAX (785) 523-3411 sa6kveng.com I nockveng.com E13S0842 SEPT 17, 2014 0842EXB2 JP/LRR 3-- R�, a019.