Lot 1, Block 1 - Stormwater Detention Easement #2 I!IIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111IIPIIIIIIIIIII H1111111III!IIIIIIIIIIIII!
_ .\ REBECCA SEEMAN
j,) ,, .,.;-;REGISTER OF DEEDS SALINE COUNTY KANSAS
,'• i.!Book:1349 Page: 1340-1347
Receipt #: 11993�4 ^' Recording Fee: $140.00
Pages Recorded: 8CA
Date Recorded: 11/9/2018 9:49:45 AM
•
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
This Public Drainage Easement and Maintenance Covenant.("Easement and Covenant")
is madn
e this [2A^ day of October, 201'8, by Foley Equipment Company, a-Kansas Corporation,
("Owner"):
Recitals
A. Owner is the owner of a tract-of real. estate legally described as Lot One (1),
Block One (1), in the Replat of Foley Addition to'the City of Salina, Saline County; Kansas
("Property")
B. The Owneris developing the Propertywith a heavy-equiprnent sales and service
facility and such development may irnpact surface storm water runoff and drainage on the
Property.
C; The City of Salina, Kansas ("City") has conditioned its issuance of,a certificate of
occupancy for Owner's building ori the Property upon Owner's grant of a public drainage
easement, including a surface level storm water detention'basin and related 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 ofthe.conditions precedent to.the City's grant of the
requested certificate of occupancy; Owner agrees;and covenants 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. 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,and depicted on the attached and,interporated. Exhibit'A (the "Easement Area"); for
the purpose of locating and maintaining the Drainage Facilities, and for the purpose of collecting
Bocic 1349 Page: 1341
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 pedestrianaccess to inspect the Easement Area,
aitdto exercise the rights and privileges.granted herein.
3. Construction and Maintenance of Drainage Facilities. Owner covenants and
agrees 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 improyements, including:trees,
shriibs and other vegetation, which may impair the Drainage 'Facilities' function or structural
integrity; provided that Ownef may install general ,landscaping,, tubs, trees, vegetation and
other foliage'in accordance with the:Owner's landscaping planapproved.by the City, including
any and all replacements thereof.
4. City'-s'Rights, Reinibursementof City's Costs.
5.1. If the City determines, in its sole but reasonable discretion, that the
Drainage Facilities or Easement Areas are notproperly.cleaned, maintained, or otherwise kept in
good repair or working order, the City shall provide writtennotice of the deficiency to Owner. If
the deficiency=.reniains unabated by Owner within thirty(30) days after the date of the written
notice (subject to extension for adverse weather conditions if necessary), the City shall,have the
right, but not the obligation;:to perform such cleaning, maintenance, repairs, and reconstruction
as deemed necessary by the City 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, andaupplies. If such actual "cots 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 taxi rolls of:Saline Countyagainst 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 levy ing such costs and
expenses against the Property, maintain an action against Owner for:collection of such costsin the
same mariner 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.
6. Indemnification: To the fullest extent permitted by law, Owner shall defend,
indemnify and hold harmless the City, its agents, representatives, officers, officials and
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Book 1349 Page 1342
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 Easehent
and Covenant-shall be in writing'anddelivered 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 byregi'stered or certified mail or commercial courier service;.or:the next business day, if
sent by overnight air-courier service. Notices shall be addressed as.appeais.below for each party,
provided that if any partygives notice of a change of name or.address, notices:to the giver of that
notice shall thereafter be givens demanded in that notice.
CITY: City Clerk
P.O. Box 736
Salina, KS 67402-0736
OWNER: do Foley Industries,Inc..
Attn: DougStuhlsatz,:Vide President
1550 S. West Street
Wichita; KS 67213
8. ,BindinuSovenarit Ru iiiinE 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 teens, covenants, and
conditions hereof to be performed, kept, and observed by Owner shalt be construed, or shall
operate; as a: waiver of any subsequent default of any of the terms, covenants, or conditions
herein contained to bcperfon=ned, kept'and observed by Owner.
10. Attorney Fees. In the event the City is required tobring: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 bythe laws of Kansas. In the event of:any legal
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Book 1349 Page 1343
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 Covenantshall notrender 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 Ownerao the terms Of
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 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 1349 Pages 1344
IN WITNESS WHEREOF. Owner has executed this.Easement and Covenant effective
as of the-day and year written above.
By: Foley Eitent.Company, a Kansas corporation, its Vice President
By:
Name: Doug S I atz
Title: Vice Pr dent
STATE OF KANSAS
SS
COUNTY OF SEDGWICK
This instrument was acknowledged before me on October2", 2018, by Doug
Stuhlsatz, as Vice Presidentof'FoleyEquipment Company. /��rt,,/
NOTARY PUBRUC-State of Kansas notary P blit
_ KAREN R. MCCORKLE
[-:_" - MT Appt Wires. 9-13 -JOao
Kilt--2-r, R, vv-vcar'kt'e--
Notary,Public Printed Name
ACCEPTANCE OF
PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT
CITY OF SALINA, KANSAS
By: ewoat,{ q•..
Karl F. Ryan, Mayo
ATTEST:
%1S
L
Shandi Wicks, CMC, City Clerk
- STATE OF KANSAS; COUNTY OF SALINE, ss:
Nam
This,instrument'was acknowledged before me on 6ctobTer 5 , 2018 by Karl F. Ryan,
Mayor of the-City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for the City of Salina,
Kansas: ^
6f�i L/
A, DAN STACK Notary Public
I XS.J Notary Public-State of Kansas
‘ My Apo:. Expires Decernber1%WI ban Stock.
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Book 1349 Page 1345
EXHIBIT A
EASEMENT DESCRIPTION
(two pages)
-6-
Book 1349 Rage: 1346
EXHIBIT A
STORMWATER DETENTION EASEMENT #2
REPLAT OF FOLEY ADDITION
CITY OF SAUNA, KS
STORMWATER DETENTION EASEMENT#2
OWNER: FOLEY EQUIPMENT CO
•
LEGAL DESCRIPTION:
A tract of land located in the Replat of Foley Addition in the East Half of the Northeast
Quarter of Section 36, Township 13 South, Range 3 West of the 6th P.M., City of Salina,
Saline County, Kansas described as follows:
Commencing at the Southeast corner of Lot 1, Block 1 of Replat of Foley Addition, thence
on an assumed bearing of S 89° 56' 16" W, along the South line of said Lot 1, a distance of
181.34 feet, thence N 00°03'44" W perpendicular to said South line a distance of 61.00 feet
to the Point of Beginning;
From the Point of Beginning, thence N 00°04'05" W a distance of 306.33 feet;
Thence N 89°56'16" E a distance of 79.68 feet;
Thence S 13°15'58" E a distance of 85.71 feet ;
Thence S 76°43'36" W a distance of 19.94 feet to a point 35.00 feet, measured at right angles,
from the East line of said Lot 1;
Thence S 13°16'24"kVparallel with and 35.00 distance west of said east line a distance of
209.45 feet;
Thence S 44°39'47" W a distance of 20.30 feet to a point 61.00 feet, measured at right angles,
from the South line of said Lot 1;
Thence S 89°56'16" W parallel with and 61.00 feet north of said South a distance of 113.39
feet to the Point of Beginning;
`ttfNnttiiti
�� 1.P J.. .... •4
Said tract contains 30,769 square feet, more or less.
$7s ` 1 , 3 _
6 • L 609✓/V`
%Cj .t4NSA5..OQ•`'
• es•ofSUR atttt• ..
SM.
2 OF 2 1011150Nnafinoo a N5 Fav f8A01oo nK.
SCALE:
5
r=100. &COMPNVY FFa 85.82; 8"
OW Br DAM
ILL 8-28-2018
CHIC BY
DHO 8-28-2018 Foley Industries
ertw.MGR
1601 E 77th St N
wt. Park City KS.67147
HO — SI p1 I
CHEAT APO:
BY DATE CHAD •19°
2
. . . Book 1349 Page: 1347
EXHIBIT A
STORMWATER DETENTION EASEMENT //2
REPLAT OF FOLEY ADDITION
CITY OF SALINA, KS
/
/ / / /
/ /.
SOI°03156'E ,/�/ /// /// •// ///1
58.01' NOI°03456"W/ / KDOT PERMANENT EASEMENT / /'
/ 113.53' j / / / ///,/ / j I
L / /
/ // S13°IS/E///
�20T33'04"u,65.7( N8,,9.',°5��6�'yy1;;6_"E i/-85.71' I
Io' 1 -1 / / /'/ /1 LU
�' ao `/ N51°36137-W/ V
69.93' Ce
E-
BLOCK 1, LOT I • // / / I rn
REPLAT OF FOLEY ADDITION {C 2
_ ]} �S76%36"W // Q
y 19.94'
_ 11 /3500// ///�'' N
STORMWATER '
3 / / /I
DETENTION N 1
EASEMENT#2 _- - n V //I
30,769 square feet :. z // I
__ h_j4 S44°39'47"W
N00°03'44"W S89°556'16"W 20.30' /I SE Cor.NE/4
SOUTH LINE OF 61.00' //' [Sect.36-TI3S-R3W
REPLAT OF FOLEY ADDITION
181.34' /A
BASIS OF BEARINGS:BEARINGS SHOWN •
S89°56'16"W 1 L�'�
HEREON ARE BASED ON THE PLATTED POC SE COR LOT I.BLOCK I J LS89°56'16"W\ S89°56'169W
MEASURED BEARINGS AS SHOWN ON THE 73.55' 60.00'
REPLAT OF FOLEY ADDITION.
A = SECTION CORNER
1;"- �`M. 471 =EASEMENT AREA POB=POINT OF BEGINNING
= EASEMENT BOUNDARY LINE POC=POINT OF COMMENCEMENT
— - - — =RIGHT OF WAY LINE NOTE: THIS DOES NOT CONSTITUTE
=PROPERTY LINE A BOUNDARY SURVEY
Sm.ND: q
�
1 OF 2 1AIL.501111700 East Iron Ave.
Sabna KS 67401
SCALE: 27-0463
1-= 100' &COMPANY FF BSA827.5949
OWN.BY: DATE:
MJL 8-28-2018
CMS.SY: Foley Industries
0110 e•28-2016
PRO/.MGR: 1601 E 77th St N
WI Park City KS. 67147
COEN;AGO:
vo.
REVISION-DESCRIPTION BY DATE I CH/DO AGVO
06
ILIO