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Lot 4, Block 1 ;,. _-""-'"'~'"''''' REBECCA SEEMAN <~;,,~,''''..~;)~EGISTER OF DEEDS SALINE COUNTY KANSAS ':f~t.~~$FT~~\:< \ Book: 1211 Page: 1510 ~:.-...? ~!"",/.j Receipt #: 63518 N../ Recording Fee: '20.00 I,,,-t.........,,... / Pagel Rlcorded: "C /J. __ .0 _~~,~~_.$ I'WHi1J'J- -'J)~ Date Recorded: 5/13/2010 10:21:00 AM GRANT OF PERMANENT UTILITY EASEMENT COM CO. of KANSAS, a Kansas Corporation, a/k/a Com. Co. of Kansas, Inc., (the "Grantor"), being the owner of the hereinafter described real estate, does hereby grant, dedicate, and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "City"): A Permanent Utility Easement, in perpetuity, on the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B for the purposes of locating, constructing, excavating, and maintaining poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting and distributing water, sewage, electricity, gas and electronic communications by the City, its franchisees, and its licensees. Grantor acknowledges that this Grant of Permanent Utility Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. Grantor hereby covenants that it is the lawful owner of the described premises and has the right, power, and authority to convey the rights granted hereby. IN WITNESS WHEREOF, the undersigned duly authorized officer of the Grantor set his hand this 30 day of April, 2010. COM CO. OF KANSAS, a Kansas corporation a/k/a Com. Co. of Kansas, Inc. ~ ~preSle~- STATE OF KANSAS, COO~NTY OF SALINE, ss: This instrument was acknowledged before me on April3Q, 2010, by John Marietta as President ofeOM CO. OF KANSAS, a Kansas corporation,a/k/a Com. Co. of Kansas, Inc. My appointment expires: [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] ACCEPTED BY: Aaro ~cf- Book: 1211 Page: 1541 \, ATTEST: ~El~i:~~~klk ~; W iul$. l)epu.:~ G.~ Cb-r... STATE OF KANSAS, COUNTY SALINE, SS: On this )l')'tV\ day of May 2010, before me a~r~ pub~i~nc1 for said state, _sna I \i\h I \)e u:;mrt. . personally appeared Aaron G. Peck, Mayor, and LICtl 111 Jc,),p Y l~~, for the CIty of Salina, Kansas, known to me to be the persons who executed the easement document on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. ~N~~ Notary u lie . Nota~~~~~~a?e~ ~nsa My Appt. Expires Book: 1211 Page: 1542 ~ OWNER: COM. CO. OF KANSAS, INC. LEGAL DESCRIPTION 15 FEET UTILITY EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-FIVE (35), TOWNSHIP FOURTEEN (14) SOUTH, RANGE THREE (3) WEST OF THE 6TH P.M., IN SALINE COUNTY, KANSAS, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT FOUR, BLOCK ONE, MAGNOLIA COMMONS ADDITION; THENCE ON AN ASSUMED BEARING OF N 89052'49" E, ALONG THE SOUTH LINE OF LOT FOUR AND LOT THREE OF SAID MAGNOLIA COMMONS ADDITION, A DISTANCE OF 1305.11 FEET TO A POINT AT THE SOUTHEAST CORNER LOT THREE OF SAID MAGNOLIA COMMONS ADDITION, SAID POINT BEING ON A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 15.06 FEET, SAID CURVE HAVING A RADIUS OF 5,579.58 FEET, A CHORD DISTANCE OF 15.06 FEET AND A CHORD BEARING OF S 05004'04" E; THENCE S 89052'49" W, PARALLEL WITH AND 15.00 FEET PERPENDICULAR DISTANCE FROM THE SOUTH LINE OF SAID MAGNOLIA COMMONS ADDITION, A DISTANCE OF 1336.47 FEET; THENCE N 00005'03" W A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH LINE OF SAID MAGNOLIA COMMONS ADDITION; THENCE N 89052'49" E, ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 20,036.84 SQUARE FEET OR 0.46 ACRES, MORE OR LESS. EXHIBIT A Book: 1211 Page: 1543 . J NO"05'03"W 15,00 N89'52' 49"E 30.00 ------------------- -..-.-..-..-.---.-----.---.-.-- ----~------------- ~Existing Utility Easement I l 1 I I 1 t l- E t .. f I S89"52' 49"W l 1336.47~ . l f t 1 I t l- E t .. E t l- f t I 1 ~O-O ..j::..-o (f) 1 ~ (j) ri- ro VJ(')O ~c::- Oz :J(T] tN ~1-> (J1 VirgInia "Drive' '"U 2, or :::l o 0 t"'I- 3-+ 0 3,;P>- -+. 0 CD :Jill CD (1)- 1.0 0 ::l )>0 ::l o..^ :i" 0.. ~ 1.0 ;:;.:~ o~ :J Q 1.0 :J 0 0 N89'52' 49"E 1 30S.11 SOS' 04' 04"[ 1S.060 )>o~r 0..000 9:3~ri- C::3o~ 00- :J:Jorn (J) 0 (') ^ L=lS.060 R=5579.580 ---------------- KDOT R/W ~ r;)l> 0l~ 12m ;1J) ~, ~ckt o r- 100 200 300 400 Exhibit B I Ut~it)l Easement ~ CITY OF SALINA. KANSAS PUBLIC WORKS - ENGINEERING - UTILITIES SCALE: ," = 200' ,...ID: IM1It= 'SlUT;; ....._,+->.....__..::~'~.. 2-2