PERMANENT DRAINAGE EASEMENT

KNOW ALL MEN BY THESE PRESENTS: That this Easement Agreement, made and entered into this	day of	, 20	, by and between the CITY OF OVERLAND PARK, a municipal corporation in the County of Johnson, State of Kansas, hereinafter the Grantor,	, owner of property herein described, hereinafter the Grantee.

WITNESSETH: That in consideration of the sum of ten dollars ($10.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, and of the benefits to be derived from the construction and maintenance of a storm drainage facility in the following described premises, the Grantor does convey to the Grantee forever a perpetual easement over, under and through the following described real estate for the purpose of constructing, using, replacing and maintaining a culvert, storm sewer, drainage ditch, or other drainage facility and appurtenant work in any part of the easement, including the right to clean, repair, replace and care for the drainage facilities, and for any reconstruction and future expansion of such improvements within the area of the easement, together with the right of access to the easement and over the easement for those purposes to wit:

SEE ATTACHMENT ‘A’

THIS DEED OF EASEMENT is executed and delivered and said easement is granted upon the following conditions, to wit:

1.	Grantor hereby agrees to restore the land within the easement to as near the original condition as possible after any use of the easement.

2.	Grantor may fully cultivate, use and enjoy the land within the easement, provided that such use shall not interfere with or jeopardize the installation, maintenance or operation of the Grantee authorized by the terms of this easement.

3.	Grantee shall promptly protect, relocate, remove, or adjust its facilities located within this easement if such actions are requested by the Grantor for any public improvement or public project. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense to the Grantor, its employees, agents or authorized contractors.

4.	Grantee shall defend and hold Grantor harmless from and against any and all claims and damages, including reasonable attorneys’ fees, resulting from any injury to persons or

property or from loss of life sustained by any person arising from Grantee’s use of the easement herein granted.

This easement be filed of record with the Register of Deeds, Johnson County, Kansas and shall inure to and bind the heirs, executors, administrators, successors and assigns of the parties, and shall constitute a covenant running with the land.

IN WITNESS WHEREOF, the party above named has executed this easement this	day of	, 20	.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	Carl Gerlach

City Clerk	Mayor

APPROVED AS TO FORM:	ACCEPTED BY GRANTEE:

Tammy M. Owens	Signature

Senior Assistant City Attorney

Printed Name

MUNICIPAL CORPORATE ACKNOWLEDGEMENT

STATE OF KANSAS	)

) SS.

COUNTY OF JOHNSON)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Carl Gerlach, Mayor of the City of Overland Park, a municipal corporation duly organized, incorporated and existing under and by virtue of the laws of Kansas, and Marian Cook, City Clerk of said municipal corporation, who are personally known to me to be the same persons who executed as such officials the within instrument on behalf of said municipal corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said municipal corporation.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

DO NOT WRITE, TYPE OR STAMP ANYTHING ABOVE THIS LINE OR IN THE MARGINS.

DO NOT WRITE, TYPE OR STAMP ANYTHING BELOW THIS LINE.	Rev. 2-21-08

PERMANENT DRAINAGE EASEMENT

Public Works

2006-10-03

Joe Archer

City of Overland Park