PERMANENT DRAINAGE EASEMENT

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

WITNESSETH: That in consideration of the sum of

Dollars 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 tributary connections and appurtenances thereto in any part of the easement, including the right to maintain, repair and replace the drainage facility and for any reconstruction and future expansion of such facility 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’

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

1.	The Grantor, his/her/its heirs, executors, administrators, successors and assigns, hereby releases the Grantee, its agents and employees, assigns and successors from any and all liability for damage to the remaining lands resulting from this conveyance, and construction and maintenance of the drainage facility, provided the Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after construction of the drainage facility and all subsequent alterations and repairs thereto, restore all property of the Grantor to a neat and presentable condition.

2.	It is understood by the Grantor that the drainage facility constructed hereunder shall, in every respect be a public drainage facility as if laid in one of the dedicated streets of the CITY OF OVERLAND PARK, KANSAS, and all the property abutting thereon shall have the right to connect therewith under the same conditions as if the drainage facility were in a public street; and the CITY OF OVERLAND PARK, KANSAS, or any abutting property owners, upon permit

from the Grantee herein, shall have the right at all times to enter upon the described premises for the purpose of making any necessary repairs to or renewals for replacements of the drainage facility.

3.	The rights granted herein shall not be construed to interfere with or restrict the Grantor, his/her/its heirs, executors, administrators, successors and assigns from the use of the premises with respect to the construction and maintenance of property improvements along and over the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of said drainage facility.

This easement shall run with the land and apply to all interests now owned or hereafter acquired to the above-described property. It shall be filed of record with the Register of Deeds, Johnson County, Kansas.

Signature	Signature

Printed Name	Printed Name

INDIVIDUAL ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

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	who is/are personally known to me to be the same person(s) who executed the within instrument of writing and duly acknowledged the execution of same.

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

from the Grantee herein, shall have the right at all times to enter upon the described premises for the purpose of making any necessary repairs to or renewals for replacements of the drainage facility.

3.	The rights granted herein shall not be construed to interfere with or restrict the Grantor, his/her/its heirs, executors, administrators, successors and assigns from the use of the premises with respect to the construction and maintenance of property improvements along and over the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of said drainage facility.

This easement shall run with the land and apply to all interests now owned or hereafter acquired to the above-described property. It shall be filed of record with the Register of Deeds, Johnson County, Kansas.

Signature	Signature

Printed Name	Printed Name

LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

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	(name/s), member(s) of

(name of company), a Limited Liability Company duly formed under the provisions of the	(state) Limited Liability Company Act, who is/are personally known to me to be the such member(s) and who is/are personally known to me to be the same person(s) who executed as such member(s) the foregoing instrument on behalf of said company, and such person(s) duly acknowledged the execution of same to be the act and deed of said company.

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

from the Grantee herein, shall have the right at all times to enter upon the described premises for the purpose of making any necessary repairs to or renewals for replacements of the drainage facility.

3.	The rights granted herein shall not be construed to interfere with or restrict the Grantor, his/her/its heirs, executors, administrators, successors and assigns from the use of the premises with respect to the construction and maintenance of property improvements along and over the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of said drainage facility.

This easement shall run with the land and apply to all interests now owned or hereafter acquired to the above-described property. It shall be filed of record with the Register of Deeds, Johnson County, Kansas.

Signature	Signature

Printed Name	Printed Name

CORPORATE ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

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	President of	, a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of	, and	, Secretary of said Corporation, who are personally known to me to be the such officers and who are personally known to me to be the same persons who executed as such officers the within instrument on behalf of said Corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said 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. 10-1-06

PERMANENT DRAINAGE EASEMENT

Public Works

2006-10-03

Joe Archer

City of Overland Park