Utility Easment Lot 1, Block 1 RE
J`k`."'!.1/PEGISTER OF DEEBDS ECCA KANSAS
f°/e0s-r,':'
C.0,. Book: 1275 Page: 81-89
A•`•`""'• Recei 1 a: 91634 Recording Fee: 628.00
^ 4;, a:17 Pages Recorded: 6 C kthetm.�..23Ran _
Date Recorded: 11/22/2013 10:51:02 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this 15th day of November, 2013, by and
between DARKS, LLC, a Kansas limited liability company, (the "Grantor") and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City
a permanent utility easement (the "Easement") in, on, over, under, and through the real estate
legally described and depicted on the attached and incorporated Exhibits A and B (the "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, and its authorized
franchisees and licensees.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the 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 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 without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement
effective as of the day and year written above.
Book : 1275 Page: 85
DARKS, LLC
By: I� �' �11M1111b
Rich.,d Sultani, Managing Member
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: 414 ..' I. /Staid
J,son A. Gage, City M. ager
ATTEST:
-R,Littj . 6
Lieu Ann Elsey, CMC, i y Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November 15, 2013 by Richard Sultani as
Managing Member of DARKS, LLC, a Kansas limited liability company.
My appointn- '
ATRICIA J. PILLARD raj . _ a I
gia Notary Public- State of Kansas
My Appt.Expires January 31,2014 Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November l$ , 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appoin u exgS,16.1 1jt
wriC
Notary Public-Stat of Kansas
My Appt,Expires Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book : 1275 Page : 86
Exhibit A - Page 1 of 2
Description:
A tract of land in the Northwest Quarter (NW 4) of the Northwest Quarter (NW 4) of Section 25, Township 14 South,
Range 3 West of the 6th Principal Meridian, and located in the City of Salina, Saline County, Kansas, said tract is
locoted in a portion of the vocoted public Right-of-Way that is recorded in Spline County Register of Deeds
Miscellaneous Book: 166, Page: 762, said tract more particularly described as follows:
Beginning at the Northwest corner of Lot 1, of Block 1, of Kroft Manor Addition to the City of Salina, Saline County,
Kansas;
thence on on assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, a distance of 3678 feet;
thence South 89' 53' 42" West, a distance of 4.04 feet;
thence North 0' 20' 08" West, o distance of 36.79 feet to the Cloud Street Right-of-Way line;
thence North 89' 58' 19" East, a distance of 4.20 feet to the Point of Beginning.
Said tract contains 152 square feet more or less.
•
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LnY Or SALINA, JO0 W ASH, SAUNA, KANSAS
PUBLIC WORKS-ENONEERING-URINES
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11-2872 I May r'-1
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.. Book: 1275 Page : 87
Exhibit A - Page 2 of 2
•
Tract 2
Utility Easement
152 square feet
Point of Beginning - Tract 2
19 Northwest corner of Lot I, Block I, Kroft Manor Addition
1, I ` Existing Cloud Street Right-of-Way I
. �� la. I I
1 ■ II! 1 Proposed Sidewalk Casement
H: -___y
1 o I � -- Building Overhang S i
3 I--o�, r 7---1 Building Face c c'i E
J. 1 a I i 7,W
° , c° Parcel 6 DARKS(LC `�
c 1 Q Lot 1, Block 1, Kroft Manor ca
Addition
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vp 1 v H o h »:
500
1
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i o d W
s ' Line Table
o i Line/ Length Direction
, 1
,cy r20.00�
a o 16 36.78 SY/O'05'09'f
y I m
1` i `o L7 4.04 S89'53'42'1Y
cN 3 L8 36.79 N00'20'08'W
1 `°
W L9 4.20 N89'58' 191E
1
1
1 .
Legend
---- Right—of—way line N CITY OF SALINA, 300 W ASH, SALINA. KANSAS
Easement line PUBLIC WORKS- ENGINEERING- UAL/nES —
Property line
0 15 30 45 60
Note: All distances are in feet ""°
11-2872 "` May 20/3 °
SCALE: 1" = 30' ,a. °,.a.,v._.1.. p' p —1
•
Book: 1275 Page : 88
Exhibit B - Page 1 of 2
Description:
A tract of load located in Lot 1, Block 1, Kroft Manor Addition to the City of Salina, Saline County, Kansas and more
particularly described as follows:
Beginning at the northwest corner of said Lot 1,
thence on on assumed bearing of North 89' 58' 19" East on the north line of said Lot 1, o distance of 14.48 feet;
thence South 0' 35' 31" West, a distance of 36.76 feet;
thence South 89' 53' 42" West, a distance of 14.05 feet to the west line of said Lot 1;
thence North 0' 05' 09" West, o distance of 36.78 feet to the Point of Beginning.
Said tract contains 524 square feet more or less.
CITY Or SAL/NA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS- ENGINEERING- UTILITIES
none 11-2872 May 2013 aa'1_1
Raw I"
Book: 1275 Page: 89
Exhibit B - Page 2 of 2
- Point of Beginning - Tract 5
Northwest corner of Lot I, Block I, Kroft Manor Addition
NB9'5819 E
Proposed R/W 14.48
1 _ Tract 5 - Utility Easement
574 square feet
c ..erg fu Existing Cloud Street Right-of-Way r
N N 1 1 -+ �r � _ _ J I
has°:= Proposed Sidewalk Easement I
fW; 2. U
a` Ir E 1Of' h
�p �I
1 117,1:11--- Building Overhang v
yr ` Building Foce
o I T 'a
1 0
I mot--'V Parcel 6 DARKS(CC `�
I I 1 ro S89 53 Lot 1, Block ], Kroft Manor
0
14.05' Addit,an
1 ! 500
1 rn4 -
1 Y 1 R 4
V7 ��y
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C �
N 1
1 ,
W`\I1
Kb" 'S w
• U h
• 17,W
1 W
s--1000--I
1
Legend
---- Right-of-way line N CNr or SALINA, 300 W ASH, SALINA, KANSAS
Easement line PUBLIC WORKS-ENGINEERING- UTILITIES
—le— Property line
0 15 30 45 60
Note: All distances are in feet 1�� "° 11-2e72 " Nay 2013
SCALE: 1" = 30 .,,- ---e..... (.. • ,al
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a 8c9 P ae ls.