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, 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 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, 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’

THIS 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 replacement 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.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	James Cox

City Clerk	Director of Parks & Recreation

APPROVED AS TO FORM:

J. Bart Budetti

Senior Assistant City Attorney

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 James Cox, Director of Parks & Recreation 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. 10-1-06

PERMANENT DRAINAGE EASEMENT

Public Works

2006-10-03

Joe Archer

City of Overland Park