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Sidewalk Easement Lot 1 Block 1 • REBECCA SEEMAN { ` `°e GISTER OF DEEDS SPagALINE e: 7B—COUNTY 83 KANSAS t \. Efas ,,. Recording Fee: 028.00 • Receipt . 91639 \ g "ho"wn: % Pages Recorded: 6 cA 11/4./ Rebecca_ -24Bam+a to Oat e-Recorded: 11/22/2013 1051:01 AM PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk 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 sidewalk 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 pedestrian use by the public of the public sidewalk constructed thereon, with full authority to enter upon the easement to construct the sidewalk. 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. If Grantor fails to fulfill its legal responsibility relating to the safe condition of the sidewalk, the City shall have full authority to enter upon the easement to maintain, repair, or replace the sidewalk on the basis allowed by law. IMPROVEMENTS: Grantor acknowledges that the construction of any building or structure 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 Sidewalk Easement effective as of the day and year written above. Book: 1275 Page: 79 DARKS, LLC By: /�`���, ' ic!ard :ultani, Managing Member ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA,,�KANSAS By: x1 - 4— son A- Gage, er ATTEST: 10 r 1' Lieu Ann Elsey, CMC, City 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 appoint ett,eRsle4CIA J. PILLARD1 Notary Public-State of Kansas P f` My Appt.Expires January 31,2011 ,•� —Pill ! �S Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on November 1344-`, 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. My appointment expires: 4-10//zo V L to'' 1n SHANDI L. WICKS Notary Public " Notary Public- State of Kansas My Appt.Expires y iv keit, [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- • Book: 1275 Page: 80 Exhibit A - Page 1 of 2 Description: A tract of land in the Northwest Quarter (NW) of the Northwest Quarter (NW) 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 located in a portion of the vacated public Right-of-way that is recorded in Saline County Register of Deeds Miscellaneous Book: 166, Page: 762, said tract more particularly described os follows: Commencing at the northwest corner of Lot 1, of Block 1, of Kraft Manor Addition to the City of Salina, Saline County, Kansas; thence on an assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, o distance of 11.00 feet to the Point of Beginning; thence South 0' 05' 09" East on the west line of said Lot 1, o distance 702 feet; thence South 89' 58' 00" West, a distance of 10.95 feet; thence North 0' 00' 55" East, a distance of 7.02 feet; thence North 89' 58' 20" East, a distance of 10.94 feet to the Point of Beginning. Said tract contains 77 square feet more or less. • air OF SALINA, J00 W ASK SALINA, KANSAS PUBLIC R.RKS- ENGINEERING- UTILITIES maw 11-2872 luc Way2013 '—' now. s&W p= Book: 1275 Page : 81 Exhibit A - Page 2 of 2 Tract 3 Sidewalk Easement 77 square feet Point of Commencement - Tract 3 Northwest corner of Lot 1, Block 1, Kraft Manor Addition L20 Point of Beginning - Tract 3 i ' T l Existing Cloud Street Right-of-Way 1 E I L1.31�.. y J 1 : titu' ° I Proposed Sidewalk Easement I �Ul -[ . ,t, Building Overhang c R 3 1 ti __T_ _I Building Face c c, .� 1 I o. f_ h W ° I a� Parcel 6 DARKS LLC W ■ o, I 4 e I' Lot 1, Block 1, Kroft Manor a a Addition 11 I o-m y v 1 0= E ___.. 500 1 °a,y e I" Line Table co t �o� a W Line I Length Direction 1 --s. : L10 7.02 S00'05'091E r20.00-- ,a I L11 1095 S89'58'0011/ 1 W : L12 7.02 NO0'00'551E c 113 1094 N89'58'201E W`� L20 11.00 SOO'05'09 E 1 . Legend ---- Right-of-way line N air of SAUNA, 300 w ASH, SALINA, KANSAS Easement line PUBLIC WORKS- ENGINEERING- UTILITIES —R— Property line 0 15 30 45 60 Note: All distances are in feet " ° 11-2872 May 1013 -` SCALE: 1" = 30' ,v..ac .,,1-.,o,a,1i.,,, i.. " 'l—1 Book: 1275 Page: 82 Exhibit B - Page 1 of 2 Description: A tract of land located in Lot I, Block I, Kraft Manor Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing of the northwest corner of said Lot 1; thence on on assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, o distance of 11.00 feet to the Point of Beginning; thence North 89" 58' 20" East, o distance of 141.54 feet; thence North 0' 02' 49" West, a distance of 11.00 feet to the north line of said Lot 1; thence North 89' 58' 19" East on the north line of said Lot 1, o distance of 3259 feet to the northeast corner of said Lot 1; thence South 0' 05' 48" East on the east line of said Lot 1, a distance of 600 feet' thence South 89' 58' 00" West, a distance of 28.04 feet; thence South 0' 02' 39" West, a distance of 12.00 feet; thence South 89' 58' 00" West, a distance of 146.08 feet to the west line of said Lot 1; thence North 0' 05' 09" West, a distance of 702 feet to the Point of Beginning. Said tract contains 1243 square feet more or less. CITY Of SALINA. 300 W ASN, SALINA, KANSAS PUBLIC $VRKS- ENGINEERING-UTILITIES 11-2872 I"° May 2017 1_1 Book: 1275 Page : 83 Exhibit B - Page 2 of 2 Point of Commencement - Tract 6 Northwest corner of Lot 1, Block 1, Kraft Monor Addition Point of Beginning - Tract 6 Proposed R/W Tract 6 - Sidewalk Easement 1243 square feet N8958"197 32.59 I^+ ---71 ` Existing Cloud Street Right of Woy N0D2"49 W 2 I� NB95820°E 14154 /100 -" _ j 58958DCW 28.04. 0 o I i ° "`Pro osed Sidewalk fasemennt ': o W _I- `-1' _ �p _�.J 50'02 J9°W a` I 58958'00'W 146.08 1200 k'""°' "" Building Overhang 7 Building race rn E • hW 0 1 Parcel 6 DARKS LLC W o Lot 1, Block 1, Kroft Manor re I 3^ Addition 0 v I as ._.__� SOD e-,-, y �b 2 1 o y t 1 Ra a I 1.N O ... the Table - W : s, Line/ Length Direction S E 122 11.00 S00'05'097 1 .h`., 123 6.00 S00'05'4tE 1 W _ 1.24 7.02 N00'05'09"W X20.00---I 1 I Legend ---- Right-of-way line N aTY OF SAUNA. J00 K ASH. SALINA, KANSAS Easement line PUBLIC sOBKS-DOWERING- OBLITIES —c— Property line . 0 15 30 45 60 Note: All distances ore in feet �� "° 11-2872 In May 2013 SCALE: 1" _ 30' 1"'"•` .° e. ... II' w M'-1 a8' k a tit