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Lot 1, Block 1 . - . '( , ..ffI Mise Book /3 / page..! ~-- EASEMENT THIS INDENTURE, made this.:z 3->:f day of ::T~~ ,1984-, by and between UNITED PRESBYTERIAN FOUNDATION OF KANSAS, a Kansas corporation, with principal offices in Harvey County, Kansas, of the First Part and THE CITY OF SALINA, KANSAS, a municipal corporation, of the Second Part: WITNESSETH: The said Party of the First Part for a good and valuable consjderation, the receipt and sufficiency of which is hereby acknowledged, does by these presents, grant, bargain, sell and convey unto the Party of the Second Part, an easement in, over and across a certain portion of land owned by the First Party, more particularly described as follows: A tract of land located in Lot 1, Block 1, Salina Presbyterian Manor Inc. Subdivision being more particularly described as follows: Beginning at a point that is the southwest corner of Lot 1, Block 1, Salina Presbyterian Manor Inc. Subdivision; thence N 00° 00' 00" E along the west line of said Lot 1 a distance of 560.00 feet; thence N 89° 22' 27" E a distance of 25.00 feet; thence S 00° 00' DO" H a distance of 305.00 feet; thence S 02° 51' 50" E a distance of 100.07 feet; thence S 00° DO' 00" W a distance of 155.00 feet, more or less, to the south line of said Lot 1; thence S 89° 22' 27" H along the south line of said Lot 1 a distance of 30.00 feet, more or less to the point of beginning. Said tract contains 0.34 acres, more or less. for all of the rights of ingress and egress of said Second Party, its servants, officers, employees and contractors, for the purpose of constructing, installing, repairing, replacing and maintaining public drainage facilities, in perpetuity. IN WITNESS WHEREOF, the said UNITED PRESBYTERIAN FOUNDATION OF KANSAS has hereunto caused this easement to be signed on its behalf by its proper officers who are duly authorized so to do and has caused its common corporate seal to be hereunto a ffi xed thi s 7-..3 day of ..::::rA.J , 198~ UNITED PRESBYTERIAN FOUNDATION OF KANSAS By: ~~YJ Pres"ô nt DerrIT it Meyer Attest: STATë OF KANSAS ~ ss;;., /"' FILED FOR RECORD ~~U'õY OF' SALlN"E,,', ",' (iV// IN MY OFFICE AT ~~ /.~ ~ ~ . O'CLOCK :~ r ::; 1 1384 AND DULY ~ ~ . . M, 'l (h, , " .. J J1.COR~~ Secretary I ..Ä .~l Of (7./~AT PAGE ..r:f-:-c:J.~ BE IT REMEMBERED, that on this ~;t,.Qday of ~ 1 8f, befoA me, . the undersigned, a notary public in and for the sate afo said, came ~ ~. ~ ,President of UNITED PRESBYTERIAN FOUNDATION OF KANSAS, a corporatlo du y organized, incorporated and existing under and by virtue of the laws of the State of Kansas who is personally known to me to be such officer and who is personally known to me to be the same person who executed as such officer the within instrument of writing on behalf of said corporation, and such person duly acknowledged the execution of the same to be the act and deed of said corporation. ,.....,~",~",,!, IN TESTIMONY WHEREOF, I have hereunto set my hand and affi xed my offi ci a 1 .",,~\ô ;'$,~aJ the day and year last above written. ,,",- \; ,,".G., , . ; :j-' ',...", """0 J~;:. t',,:. . -: '>" ;i: . ~', ~ t . '. " . ~. . , " ,,V).: ~~~~ Notary Pub ic Lois Hind . ".";'::~~oAppointment Expires: ~--1r...) :::7) Jc¡g7 þ ". . , SW Cor, Lot I, Blk, I Presbyterian Manor Add. S. Point of Beginning S 89°22' 27"W 30.00' ø dJ~L2~ ¿d¿.~ . It) ~ Mise Book /~ / Page 5l J~ N 8~22'27" E 25.00' N SCALE: I": 100' LOT I, BLOCK I Salina Presbyterian Manor Inc. Subdivision S 02°51'50" E 100.07' S OooOO'OO"W 155.00' -------- (t- CRAWFORD - ST, \ , ; r. '" AGREEMENT This Agreement is entered into this 16th day of November, 1998, by and between the CITY OF SALINA, KANSAS (the "City") and PRESBYTERIAN MANORS, INC., a Kansas corporation, ("Presbyterian Manor'!). ' Recitals A. Presbyterian Manor is the owner and developer of a townhome development recently constructed in Salina Presbyterian Manor Inc. Addition to the City of Salina, Kansas. B. One of the townhome units was partially constructed and a retaining wall entirely constructed within a public drainage easement as depicted on the attached EXhibit A. C. The City ap.d Presbyterian Manor desire to identify a means by which the townhome unit and retaining wall may remain in place and improvements made to the existing drainage channel that will ultimately allow for vacation of that portion of the drainage easement upon which the townhome unit and retaining wall are cwrently encroaching. TIffi PARTIES therefore covenant and agree: 1. Occuuancv Permit. The City agrees that an occupancy permit for the encroaching townhouse unit will be issued upon signature of this Agreement by both parties in consideration for the covenants made and commitments undertaken by Presbyterian Manor as outlined in this Agreement. 2. Desi2ll and Construction of DrainalZe Channel Imurovements. Within six months wm the date of this Agreement, Presbyterian Manor shall present to the City detailed design plans prepared by a certified engineer of modifications or improvements (e.g. pipes, box culverts) to be made to the existing drainage channel. The design plans shall be subject to the approval of the City Engineer and must, in the discretion of the City Engineer, be sufficient to allow for vacation of that portion of the drainage easement upon which the townhome unit and retaining wall cwrently encroaCh. Within on~ year following notification of the City Engineer's approval of the design plans Presbyterian Manor shall complete construction of the modifications or improvements, subject to the approval of and acceptance by the City Engineer on behalf of the City. 3. Indemnification and Hold Hannless. Presbyterian Manor shall indemnify and hold and save the City, its officers, employees, agents, and contractors, hannIess from any loss, cost, expense, penalty, damage, or judgment, inCluding attorneys fees, that may arise fÌ"om the City allowing Presbyterian Manor to maintain the encroaching townhome unit and retaining wall pending the design and construction of the modifications or improvements to the existing drainage cbannel which will allow for vaca!ion of that portion of the drainage easement upon which the townhome unit and retaining wall are located. , , 4. Default. If Presbyterian Manor should fail to complete its obligations to design and construct the modifications or improvements to the existing drainage channel as described in paragraph 2 above, the City may, in its discretion, pursue any of the following remedies: a. Require the removal of the retaining wall and the reconstruction of the townhome unit such that it no longer encroaches upon the drainage easement; b, Pursue judicial enforcement of Presbyterian Manor's obligations under this Agreement; or c, Cause the work described in paragraph 2 to be completed and to recover any and all costs incurred in completing the work either by obtaining a money judgment against Presbyterian Manor or by levying an assessment in the amount of such costs against the real estate upon which the encroaching townhome unit and retaining wall are located. 5. Notices, Any notice to either party shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: City of Salina, Kansas c/o City Clerk P.O, Box 736 Salina, KS 67402-0736 Presbyterian Manors, Inc. 6525 East Mainsgate Wichita, KS 67208-1440 6. AssÜrnment. The assignment of any rights under this Agreement by Presbyterian Manor shall be subject to the prior written consent of the City, 7, Binding Effect. This License Agreement shall be binding upon the parties, their successors and authorized assigns, Executed the day and year first above written. By: CITY OF SALINA, KANSAS p~~~ ATTEST: -2- , , By: ATTEST: BY:~~ Ya¿=--- Sherry K. Ie, Secretary STATE OF KANSAS; COUNTY OF SALINE, SS: On this&, -II,. day of /lIveNf ky. 1998, before me a Notary Public in and for ~aid state, personally appeared Peter F. Brungardt, Mayor, and Judy D. Long, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the within License Agreement on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. . ~ 8AA8ARA R. YÆBER NOrNlrPIIU: . . It~=~ My appointment expires: ~ J" '¿'",,'6~'" ~~~ ( /7'1' 7' Notary Public STATE OF KANSAS, COUNTY OF ~'tJ)('7H}'C.1'~ SS: . On this \ '\'\'\\ day of N. Q\J t tJ\~\Û 998, before me a Notary Public in and for said state, persozially appeared. William M. Ward, Jr., President, and Sherry K. Cole, Secretary, of Presbyterian Manors, Inc., known to me to be the person who executed the within License Agreement and acknowledged to me that they executed the same for the purposes therein stated,on behalf of Presbyterian Manors, Inc.,. fJtlt! t(~t!~-m, , Notary Public My appointment expires: ~\\ ~ \ ~ I 'J.\j\) J. . ~......'\. SUE ELLEN GOATES . ~\ State of My AppI. Exp.' Þ' -3- '0 ~ Arrowßltoot Geomatics Inc. Detail of Retaining Wall .and Structure Encroachment into Drainage Easement between Salina Presbyterian Manor Inc. and the City of Salina, Kansas 111.78' West line, Salina Presbyterian Manor Inc. Addition / East line of Drinage Easement as described in agreement between Salina Presbyterian Manor Inc. and the , City of Solina, Kansas dated January 23rd. 1984 Retaining Wall Corner of Encroaching Structure j( Scale ,- = JO' 89,15' South line, Salina Presbyterian Manor Inc. Addition 59.04' Southwest corner. Lot One. Block One. 50' Replat of Salina Presbyterian Manor tnc, _1. - ;= th-;::I Salina, Kansas - _c -. ArroW8ltOOt Geomatics Inc. 2tØ w. ~ ...., 8o'oI.M<IA, 1CI1I'-4C1H117 1IIH174J18 1WC1fHIJ'-1- Exhibit A