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Lots 1 & 3 • IIIII II III INTI II II I II I III 1I ILII Ill!IIID IIII Viii'III II I II►ILII III REBECCA SEEMAN �L ,...* REGISTER OF DEEDS SALINE COUNTY KANSAS Book:1352 Page: 723-739A Receipt #: 121296 Recording Fee: 5140.00 Pages Recorded: 8 C A� Date Recorded: 2/8/2019 9:50: 13 AM PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT This Public Drainage Easement and Maintenance Covenant ("Easement and Covenant") is made this 24th day of January 2019. by EXCHANGE BANK. a Nebraska corporation ("Owner"): Recitals A. Owner is the owner of Lots One (1) and Three (3) in the Green Lantern Addition to the City of Salina, Saline County, Kansas ("Property"). B. Owner has developed a portion of the Property, generally described as the eastern portion of Lot One (1) ("Developed Property"), for purposes of operating a financial institution and other commercial tenant space, 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 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. 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 • Book 1352 Page: 724 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 retaining surface storm water from the Developed Property. Owner acknowledges and agrees that the Drainage Facilities are intended to collect and detain storm water, and once collected. the water shall be discharged into the City's storm sewer system at a controlled rate. 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. 4.1 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. 4.2 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. Book 1352 Page: 725 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: Exchange Bank Attn: Brian Schardt 14 La Barre Gibbon, NE 68840 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. -3- Book 1352 Page: 726 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. 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 1352 Page: 727 IN WITNESS WHEREOF, Owner has executed this Easement and Covenant effective as of the day and year written above. EXCHANGE BANK By: , Name: , r��, .4 cr.--elL Title: j.—e c e-------c- -:----c• STATE OF NEBRASKA, COUNTY OF BUFFALO, SS: This instrument was ac iowledged before me on jx, V L�t4. k 2019,eYktek—Sejrttattf , as Pio 'LM) of Exchange Bank. tt M AAL NOTARY•tyle of MoIrr4 ' 4646.71)10 Illy Com.tar~Not 21,282+ otary Public Printed name:ikkittiej*09(2_ ACCEPTANCE OF PUBLIC DRAINAGE EASEMENT AND MAINTENANCE COVENANT CITY OF SALINA, KANSAS By: • l�� �1J Trent W. Davis, M.D., Mayor ATTEST: • mrd' "(Aga Shandi Wicks, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Fe ricer 4 , 2019, by Trent W. Davis, M.D., Mayor of the City of Salina, Kansas, and Shandi Wislc3, CMC, City Clerk for the City of Salina, Kansas. / CYNTHIA S. WOLFF d ' // BMW Notary Public. State of Kansas A Public ' f MYAPpt.Expires 1O-k-: A. No'' inn Printed name: �n i a ' 1,(�0 -5- • r- Boolc 1362 Rage: 729 — DRAINAGE EASEMENT DESCRIPTION A PART OF LOT ONE(1)AND LOT 3 IN ITS ENTIRETY, GREEN LANTERN ADDITION TO THE CITY OF SALINA,SALINE COUNTY,KANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3,THENCE S 89'48'58.9'E.ALONG THE SOUTH LINE OF SAID LOT 3 AND LOT 1,A DISTANCE OF 101.21 FEET;THENCE N 0'15'20 8'E.A DISTANCE OF 104.56 FEET;THENCE N 89'44'39.2'W,A DISTANCE OF 4.00 FEET;THENCE N 0' 15'20.8'E,A DISTANCE OF 38.00 FEET;THENCE S 89'44'392'E,A DISTANCE OF 4.00 FEET;THENCE N 0' 15'20.8'E,A DISTANCE OF 84.54 FEET;THENCE N 89'44'39 T W,A DISTANCE OF 8.50 FEET;THENCE N 0' 15'20.8'E,A DISTANCE OF 51.20 FEET TO THE NORTH LINE OF SAID LOT 1;THENCE N 89'33'35.9'W ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 16.89 FEET TO THE POINT OF CURVATURE OF A 50.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST;THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 1 AND LOT 3 AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 107'24'18.1'.AN ARC DISTANCE OF 93.73 FEET,THE CHORD OF SAID CURVE BEARS S54'08'07.5110/.A DISTANCE OF 80.60 FEET;THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 FOR THE NEXT 3 COURSES:(1) S 0'27'47.1'W.A DISTANCE OF 131.95 FEET,(2) THENCE N 88' 54'11.9'W,A DISTANCE OF 9.95 FEET,(3)THENCE S O'25' 11.1'W,A DISTANCE OF 99 16 FEET TO THE POINT OF BEGINNING. 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