NW4 S11 T14S R3 W 6thPM REBECCA SEEMAN .•
+`. °`dtcGISTER OF DEEDS SALINE COUNTY KANSAS
i„•'. °F Book: 1257 Page: 911-91B
°"°` ' Receipt 4: 83497 Recording Fee: $21.00
`
",.„2,5_,„.••• Pages Recorded: 5 C t' £& rellp ,n)
Date Recorded: 12/10/2012 851:31 AM
PERMANENT UTILITY EASEMENT
Deceiter
THIS INDENTURE, made this 3 day of.9etabbf, 2012, by and between CONNIE
A. FRY (f/k/a CONNIE A. OCHS) and ROBERT T. FRY, her husband, and TIMOTHY R.
OCHS and ANNETTE E. OCHS, his wife, (collectively, the "Grantor") and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City"):
Grant: Grantor, for good and valuable consideration, hereby conveys unto the City, in
perpetuity, a permanent utility easement ("Easement") in, on, over, under and through the real
estate legally described on the attached and incorporated Exhibit A and depicted on the attached
and incorporated Exhibit B ("Real Estate") for the purposes of accessing, locating, constructing,
excavating, and maintaining poles, wires, conduit, pipeline, and junction boxes necessary in
conducting, transmitting and distributing water, sewage, electricity, gas and electronic
communications by the City, its franchisees, and its licensees.
Term: The Easement shall be perpetual.
Ownership: Grantor covenants that Grantor owns the Real Estate and has the right, title
and capacity to grant the Easement.
Maintenance: Grantor acknowledges that this grant of Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
Improvements: Grantor acknowledges that the construction of any building or structure,
or the installation of fencing or landscaping on the Real Estate subject to the Easement is
governed by the Salina Code as it may be amended from time to time(currently Sec. 42-63).
Surface Grade: Grantor shall neither alter nor permit others to alter the surface grade of
the Real Estate subject to the Easement without the prior written approval of the City.
Binding Effect: The Easement and these acknowledgements, agreements, and covenants
SHALL BE BINDING UPON AND SHALL RUN WITH THE REAL ESTATE.
Bank: 1257 Page: 945
IN WITNESS WHEREOF, the Grantor has executed this Indenture effective as of the
day and year written above.
Connie A. Fry (f/k/a Conn A. Ochs)
4) -14,7
Robert T. Fry
V-00/
Timothy R. Oc s
Ai L
Annette E. Ochs
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: AL ad
.son A. ge, City M/ager
/ATTEST:
,
Lieu Ann Elsey, CM City Clerk
ACKNOWLEDGEMENTS
CA�n�
STATE OF KANSAS, COUNTY OF r4s S
"se
This instrument was acknowledged before me on the 3 day of October,. 2012 by
Connie A. Fry (f/k/a Connie A. Ochs) and Robert T. Fry, her husband.
✓. t
otary Public
KATHY DAVIS
NOTAPY PUBLIC
2 . .I� ° STATE OF KAN�S1AS_i&
bAy,ApNt.EXP.ta'7 _.
•
Book: 1257 Page: 946
KATHY DAVIS
A NOTARY PUBLIC
STATE OF FjA y_,r_
My APPt.Fxp. WWff
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on the `) day of-Oeteber, 2012 by
Timothy R. Ochs and Annette Ochs, his wife.
affiSt ` 439---3`1-
No ;i$Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me onDeepuer 3 , 2012, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment expires:
TRACEY SPARKS 4 .LAI !AI
Notary Public pt% t s sas
r Notary Public
My Appt.Expires
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
3
Book: 1257 Page: 947
EXHIBIT A
Owner: TIMOTHY R. OCHS AND CONNIE A.OCHS
North Street
Project#06-1591
PERMANENT UTILITY EASEMENT
A tract of land located in the Northwest Quarter of Section 11, Township 14 South,
Range 3 West of the 6th P.M., Saline County, Kansas, described as follows:
Commencing at the West Quarter corner of said Section 11,thence on an assumed
bearing of N 89°51'24" E along the South line of said Northwest Quarter a distance of
578.20 feet; Thence N 00°27'38"W a distance of 658.48 feet to the Southwest Corner
of a tract as described in Deed Book 362, Page 158, Saline County Register of Deeds
Office, Salina, Kansas, and to a found iron bar, said point being the point of beginning;
Thence continuing N 00° 27'38"W along the west line of said tract described in Deed
Book 362, a distance of 628.20 feet to the south right of way line of Grand Avenue;
thence N 89°52'07"E along said south right of way line, a distance of 25.00 feet; thence
S 00° 27'38" E parallel with and 25.00 feet perpendicular distance from the West line of
said tract in Deed Book 362, a distance of 628.20 feet to the South line of said tract
described in Deed Book 362; thence S 89° 52'24"W along said South line a distance of
25.00 feet to the point of beginning.
Said Permanent Utility Easement contains 15,705.0 square feet, more or less.
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iMppragr,t,{6t
Book: 1257 Page: 948
EXHIBIT B
OWNER:Timothy R. &Connie A.Ochs
AREA: Permanent Utility Easement 15,705.0 Square Feet
Public Right of Way 750.0 Square Feet
N89°50>' Public Right of Way
25.0.00V
30.00' 30.00'
North Line of SW/4 of NW/4
Grand Avenue S11-T145-F23W
Point of beginning 30'Public Right of Way
Public Right of Way S89°52'07"W
25.00'
25'Permanent
Utility Easement
c
d
E
N Timothy R.&
w m &Connie A.Ochs
f7 N N
N N 7 N N
O t0 ,. t0
O d y Scale 1"= 100'
c
The accompanying plat does not
ri constitute a boundary survey.
Permanent
Utility Easement
N Public Right of Way
----25.00'
Point of Beginning
Found Iron Bar S89°52'24"W WESSON
Origin Unknown a ra • &COMF74NY
1700 E. Iron
co C Salina KS 67401
578.20' I o
N89°51'24"E m N 785-8�7-0433
A •
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