Lot 1, Block 7 (2) e..;cp� REBECCA SEEMAN
-• GISTER OF DEEDS SALINE COUNTY KANSAS
.. J,i`'?•X414 TF
"Book: 1233 Page: 1253-1256
•.- e e o e Recei t : 73292
P Recording Fee: $20.00
Pages Recorded: 4
to '/
Date Recorded: 8/30/2011 11:12:56 AM
PERMANENT SIDEWALK AND UTILITY EASEMENT
THIS INDENTURE, made this '1'= day of August, 2011, by and between STOUT
PROPERTY MANAGEMENT, INC., a Kansas corporation, and W.E. SHEPPARD
CONSTRUCTION, INC., a Kansas corporation, (collectively, the "Grantors") and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantors, for good and valuable consideration, do hereby
convey unto the City a permanent sidewalk and utility easement, in perpetuity, in, under, over
and across the real property legally described on the attached and incorporated Exhibit A and
depicted on the attached and incorporated Exhibit B for the purposes of:
(A) Sidewalk. Pedestrian use by the public of the public sidewalk constructed
thereon; with full authority of the City to enter upon the easement to
construct the sidewalk and, if Grantors fail to fulfill their legal
responsibility relating to the safe condition of the sidewalk, with full
authority to enter upon the easement to maintain, repair or replace the
sidewalk on the basis,allowed by law; and
(B) Utilities. Locating constructing, excavating and maintaining public
utilities in the form of 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.
Grantors acknowledge that this Permanent Sidewalk and Utility Easement shall neither alter
nor affect the Grantors' obligation to maintain the described real estate.
Grantors hereby covenant that they are the lawful owners of the described real estate and
have the right, power, and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the Grantors have hereunto caused this instrument to be
executed the day and year written above.
STOUT PROPERTY MANAGEMENT, INC. W.E. SHEPPARD CONSTRUCTIO
By: - -- - - By:
M. Renee Stout-Montoya,Mesident W.E. Sheppard, esident
Book® 1233 Page: 1254
ACCEPTANCE OF PERMANENT SIDEWALK and UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
J son A. Gage, City ManagW
ATTEST:
_
Lieu Ann Elsey, CLC, City derk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was subscribed, sworn to, and acknowledged before me on August 4 , 2011
by M. Renee Stout-Montoya as President of Stout Property Management Inc.
My appointment expires: A J E_rl in I F E\ L. I-E V! ITT
P!c-ry Puhuc-C c of Kansas
My A,.r,t Fxpi:ea
------ Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was subscribed, sworn to, and acknowledged before me on August 2011
by W.E. Sheppard as President of W.E. Sheppard Construction, Inc.
My appointment expires: 1E=NN!FE R L. HE',VITT
A-_.wi i i't U'ic"i-y Public-Gi-'B of Kansas tk
I.y Appt Expires
._..__--_ Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August AJ 2011, by Jason A. Gage as
City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
M appointment e SHANDI L. WICKS
My a pp men 'fdotary Public- state of Kansas
MyAppt.Expires
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
3-�
Owner: STOUT PROPERTY MANAGEMENT, INC.BAQk: W1233HPagaFD1255
CONSTRUCTIONS, INC.
Address: 430 GR$YSTONE DRIVE,
Salina, Kansas 67401
Description for Utility and Sidewalk Easement
A tract of land in Lot 1 , Block 7, Rolling Hills Addition, City of
Salina, Saline County, Kansas, and more particularly described as
follows:
Beginning at the Southeast corner of said Lot 1 ,
Thence on an assumed bearing of South 89° 24' 28" West, a
distance of 136.12 feet to the Southwest corner of said Lot 1 ,
Thence North 00° 07' 38" East on the West line of said Lot 1 , a
distance of 10.00 feet,
Thence North 89° 24' 27" East parallel to the said South line a
distance of 131 .11 feet,
Thence North 44° 44' 08" East, a distance of 7.11 feet to a point
on the East line of said Lot 1 ,
Thence South 00° 03' 49" West, a distance of 15.00 feet to the
Point of Beginning.
Said Tract contains 1373.6 square feet more or less.
CITY OF SALINA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
Exhibit A
Utility & Sidewalk Easement
Rea wa
11AM 7
09-2783 May 2011 1-2
ntr>tnue r>y„a,,,e ma ao.eaa xv ca.e..a.y er: p„
Book: e lajo
S00° 03' 49"W
15.00'
Marymount Road
East line of Lot 1 Point of Beginning
�. Southeast. Corner
N44° 44' 08"E of Lot 1
7.11'
LU C
Co
N N �
d- Q
Lot 1, Block 7, Rolling N
Hills Addition z V) 0
N Cj
Cd
U
West line of Lot 1 Southwest
corner of Lot 1
Briarcliff Road Noo° 07' 38"E
10.00'
Legend p
CITY SALINA, KANSAS
�1�J� Proposed Utility & PUBLIC WORKSOF ENGINEERING — UTILITIES
Sidewalk Easement Exhibit B
0 10 20 30 40 Utility & Sidewalk Easement
6=iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiilllI 111111111111 AlW MO MM 9[R:
9-2783 May
SCALE: 1" = 20' 0 2011 2-2