Lot 2, Block 1 NW Corner REBECCA SEEM.AN
.... ''°`REGISTER OF DEEDS SALINE C
; .; COUNTY KANSAS
Book: 1288 Page: 1966-1972
Receipt•``- '.' + s 9E521 d. I Recording Fee: 532.00
Pages Recorded: 7 �i 1"
Rthwrai -2g-^� a.v
Date Recorded: 11/1/2011 10:29:35 AM
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
This Public Drainage Easement and Maintenance Covenant ("Easement and Covenant")
is made this 31st day of October, 2014, by Veris Technologies, Inc. (`'Owner"):
Recitals
A. Owner is the owner of an approximately 8.55 acre tract of real estate legally
described as follows (`'Property"):
Lot Two (2), Block One (1), Airport Industrial Center No. 2 to the City of Salina,
Saline County, Kansas
B. The property is located in a subdivision where individual lot drainage studies and
individual storm water detention facilities are required, and Owner has developed a portion of
the Property for purposes of constructing and operating a manufacturing facility and such
development will substantially impact surface storm water runoff and drainage on the Property
and in the subdivision.
C. The City of Salina, Kansas ("City") has conditioned its issuance of a certificate of
occupancy for Owner's building on the Property upon Owner's grant of a public drainage
easement, and upon Owner's 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").
D. Owner has constructed the Drainage Facilities within the proposed easement area,
and the City has agreed to issue the requested certificate of occupancy subject to Owner's 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, Owner warrants, agrees, and covenants as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and are
incorporated herein by this reference.
Book : 1288 Page : 1967
2. Grant of Public Drainage Easement. Owner, on its behalf and on behalf of its
successors and assigns (hereinafter collectively referred to as "Owner") hereby grants and
conveys 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 detaining surface
storm water runoff from the Property. Owner further grants 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. Owner covenants and
agrees to regularly and routinely, and at its 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 Owner. If the deficiency remains
unabated by Owner 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. Owner 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
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 Owner 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. Owner
acknowledges and agrees that the City may, in addition to or in lieu of levying such costs and
expenses against the Property, maintain an action against Owner for collection of such costs in the
same manner as any other obligation owed to the City.
5. No Modification of Drainage Facilities. Owner 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.
-2-
Book : 1288 Page : 1968
6. Indemnification. To the fullest extent permitted by law, Owner 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
Owner, 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 party 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: Veris Technologies, Inc
1925 Clay Ridge Court
Salina, KS 67401
Attn: Eric D. Lund
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
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 Owner 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 Owner.
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
-3-
Book : 1288 Page : 1969
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. Authority and Consent to Transaction. Owner represents that the person
executing this Easement and Covenant has full and legal authority to bind such party to the terms
of this Easement and Covenant, and that the execution and delivery of this Easement and
Covenant have been duly and validly authorized by the governing body of Owner.
14. Persons Bound. This Easement and Covenant shall extend to and bind the heirs,
executors, administrators, trustees, successors and assigns of Owner.
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 : 1970
IN WITNESS WHEREOF. Owner has executed this Easement and Covenant effective
as of the day and year written above.
VERIS TECHNOLOGIES, INC.
BY: ■dak
(�• y Kej / reasurer
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Oct 3/ , 2014, by Larry
Kejr; Treasurer of Veris Technologies, Inc. gg
GERALD:NE E. PARKER 21"-' E P .a-
s Notary Pe`;ic-Mate of Kansas
My App:. Expires 97a4/a0/7 Notary Public
ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY OF SAL NSAS
By:
Aaron KY ouseholter. Mayor
ATTEST:
•
do kittecti
CMC.
Sh di Wicks. CMC. City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November ' . 2014 by Aaron K.
Householter. Mayor of the City of Salina. Kansas, and Shandi Wicks, CMC, City Clerk for the
City of Salina, Kansas.
(4_2,4
Notary Public
CATHY BOLL
ry blic State of Kansa
My Appt.Nota Expires Pu B State
• ' Book : 1288 Page : 1971
EXHIBIT 'A'
STORM DRAINAGE EASEMENT:
THAT PORTION OF LOT 2, BLOCK 1, AIRPORT INDUSTRIAL CENTER NO. 2, CITY OF
SALINA, COUNTY OF SALINE, STATE OF KANSAS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, THENCE S 4519'40" E
A DISTANCE OF 42.39 FEET TO THE POINT OF INTERSECTION OF THE EASTERLY
AND SOUTHERLY LINES OF TWO 30 FOOT PLATTED UTILITY EASEMENTS ALONG THE
WESTERLY AND NORTHERLY LINES OF SAID LOT 2, SAID POINT BEING THE POINT
OF BEGINNING; THENCE N 89'37'47" E ALONG SAID SOUTHERLY LINE OF THE
30 FOOT PLATTED UTILITY EASEMENT, A DISTANCE OF 332.00 FEET; THENCE
S 00'17'06" E A DISTANCE OF 132.00 FEET; THENCE S 89'37'47" W A DISTANCE
OF 332.00 FEET TO SAID EASTERLY LINE OF THE 30 FOOT PLATTED UTILITY
EASEMENT; THENCE N 00'17'06" W ALONG SAID EASTERLY LINE, A DISTANCE OF
132.00 FEET TO THE POINT OF BEGINNING.
END OF DESCRIPTION
BASIS OF BEARINGS IS THE PLATTED BEARING OF N 0017'06" W ON THE WEST
LINE OF AIRPORT INDUSTRIAL CENTER NO. 2, A REPLAT OF PART OF LOT 2,
BLOCK 4, AIRPORT INDUSTRIAL CENTER SUBDIVISION & A REPLAT OF LOT 3,
BLOCK 1 OF THE REPLAT OF LOT 1, BLOCK 1 IN THE REPLAT OF LOT 3, BLOCK 5,
AIRPORT INDUSTRIAL CENTER SUBDIVISION AND A REPLAT OF LOTS 1 & 3, BLOCK
z 4, LOT 2, BLOCK 5, AIRPORT INDUSTRIAL CENTER SUBDIVISION TO THE CITY OF
a SALINA, SALINE COUNTY, KANSAS.
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SALIVA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-3411 OCT 28, 2014
saCkveng.com I www.:veng.com
0792EXBA 1 OF 2
Book : 1288 Page : 1972
EXHIBIT 'B'
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POINT OF COMMENCEMENT
W CORNER, LOT 2, BLOCK 1
S 45'19'40" E 42.39'
POINT OF BEGINNING
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I f 30' UTILITY I
EASEMENT
co - PROPOSED STORM c0 30' UTILITY
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� EASEMENT AREA N)I5 J
p 43,591 SQUARE FEET p
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AIRPORT INDUSTRIAL CENTER NO. 2 I I
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20' UTILITY
EASEMENT
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d CONSULTING ENGINEERS — LAND SURVEYORS
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SALINA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-3411 OCT 28, 2014
so cveng.com I www.kveng.com
0792EXBA 2 OF 2
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