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. ""';""'.";'"'' REBECCA SEEMAN
, /'~"'~''''....~.\REGISTER OF DEEDS SALINE COUNTY KANSAS
(:f'~:';:T~~Y-""J: Book: 1209 Page: 295
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....." rEO'.....! Receipt : 62'13L Recording Fee' .2'100
' I,. ;,...........'y. Psgee Recorded: 5 a"l ~ ~. .
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! Date Recorded: 3/25/2010 1l:53~2 AM
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EASEMENT FOR
INGRESS AND EGRESS PURPOSES
This access easement made and entered into this 7th day of January, 2010, by
and between Michael Montoya and M.R. Stout Montoya, husband and wife, hereinafter
referred to as Grantors and the City of Salina Utilities Department hereinafter referred to
as Grantee.
WITNESSETH:
WHEREAS, Michael Montoya and M.R. Stout-Montoya own the following
described real estate:
The South One Hundred-Sixty Feet (S160') of Lot Seven (7), Ridgeview Addition
to the City of Salina, Saline County, Kansas, hereinafter referred to as Tract 1.
WHEREAS, the City of Salina owns a sanitary sewer pump station (Station No.
38) which is located in a platted utility easement on the Grantors' lot, hereinafter
referred to as Tract 2.
NOW, THEREFORE, in consideration of the mutual covenants of the parties
hereto provided, the parties hereby enter into this agreement subject to the terms and
conditions hereinafter set forth.
RECITALS
GRANTORS are the owner of the real estate described above as Tract 1.
GRANTEE is the owner of a sanitary sewer pump station located on a tract
described above as Tract 2, which is currently landlocked with no legal access to or
frontage on a public street.
GRANTORS desire to grant to GRANTEE an easement for the limited purpose of
allowing authorized representatives, including contractors, and employees of the
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Book, 1209 Pagel 29b
Grantee to have vehicular access across a portion of Tract 1, subject to the terms and
conditions as hereinafter set forth, to gain access to and from Marymount Road to the
sewer pump station for the purpose of performing maintenance and making repairs.
GRANT OF EASEMENT
GRANTORS hereby agree to grant and convey from the date of the conveyance,
to GRANTEE, an easement for ingress and egress purposes over and across the tract
owned by GRANTORS and more particularly described on the attached and
incorporated Exhibit A and depicted on the attached and incorporated Exhibit B. Except
for emergency repair situations, GRANTEE shall provide GRANTORS with at least 24
hours notice of the need to access GRANTORS' property.
MAINTENANCE
The easement described above shall be maintained by GRANTORS and
GRANTEE, with the costs of such maintenance to be divided between GRANTORS and
GRANTEE in relation to the extent of their respective use.
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EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
inure to the benefit of the parties hereto their heirs, successors or assigns. This access
easement can be cancelled by the mutual consent of both GRANTORS and
GRANTEE, or their heirs, successors or assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
GRANTORS
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M~ontoya
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2
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Book, 1209 Pagel 291
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STATE OF KANSAS )
) SS.
COUNTY OF SALINE )
BE IT REMEMBERED, That on this ih day of January, 2010, before me, the
undersigned, a Notary Public in and for the County and State aforesaid, came Michael
Montoya and M.R. Stout-Montoya, husband and wife who are personally known to me
to be the same person who executed the within instrument.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
My Appointment Expires
.OTARV PUBLIC. State of Kansas
JANE F.
My Appt Exp. -
October 13, 2012
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Book~ 1209 P
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Exh ibit. A
Access Easement
Owner: Michael Montoya and M. R. stout-Montoya, husband and wife
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A Tract of Land located in the South 160 feet of Lot 7, Ridgevlew
Addition to the City of Salina, Saline County, Kansas ,and described as
follows:
Beginning at the Northeast corner of the said South 160 feet of Lot 7,
Thence on an assumed bearing of South 00.16'07" West on the East line
of said Lot 7, a distance of 25.00 feet;
Thence South 89"34'21" West on a line parallel to the North line of the
said South 160 feet of Lot 7, a distance of 240.65 feet;
Thence South 44"56'59" West, a distance of 27.24 feet;
Thence South 00"19'37" West on a line 21.00 feet East and parallel to the
West line of said Lot 7, a distance of 17.87 feet;
Thence South 89"34'21" West, a distance of 11.00 feet to a point 10.00
feet East of the said West line;
Thence North 00"19'37" East on a line 10.00 feet East and parallel to the
said West line, a distance of 62.01 feet to the said North line of the
South 160 feet of Lot 7;
Thence North 89"34'21" East on the said North line, a distance of 270.76
feet to the Point of Beginning.
Said tract contains 7359 fe more or less.
alY Of' SAUNA. KANSAS
PllBUC WORKS - DlGlNEERINC - ununES
Access Easemen t
of the S. 180 of Lot 7 Rldgtl'lew Additlo
Oot 2008
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Exhibit B
Access Easem en t
Owner: Michael Montoya and M. R. stout-Montoya, husband and wife
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Found
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/ / 27.24 240.65 25.00
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South 160' of Lot 7,
Ridgeview Addition to the City
of Salina, Saline County,
Kansas
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Plotted 10' Utllty Easement
P10lted 20' UUity Easement 1-
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South Un. of Lot 7
NB9'J3'28"E
280.92
This is not a Legal Survey.
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50
25
Legend
r-~~Access Easement
~Property Line
- - -Plotted Utility Easement
SCALE: ,. .. 50'
ow OF SAUNA. KANSAS
PU8UC WORKS - ENGINEERING - unulIf:s
Access Easement
art of the S. 1150 of Lot 7 Rldge\llew Add\tl
Nov 2009
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