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Lot 24 & 25, Block 2 of re-plat of Part Blocks 1-2 (Permanent Sidewalk Easement) REBECCA SEEt4AN +-`--=°'xtEGISTER OF DEEDS SALINE COUNTY KANSAS i.'"Iti"TE-,',Book: 1275 Page: 1168-1171 Receipt : 91989 Recording Fee: 620.00 ,**N°..... :• ,&Germ ,;`..�' Pages Recorded: 9 c Date Recorded: 12/10/2013 1221:55 PM PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk Easement is made this 26th day of November, 2013, by and between T & J ENTERPRISES, 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 Exhibit A (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 : 1469 T& J ENTERPRISES, LLC 0 By: .-rn., arrn es ica M. Graham, President 9 ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA, KANSAS BY: 4......t j 0 Sidi .ason A. Gage, City anager ATTEST: j Lieu Ann Elsey, CMC, ty Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on November (, 2013 by Jessica M. Graham as President of T & J Enterprises, LLC, a Kansas limited liability company. My appointment expires: al _ r�s PATRICIA J. PILLARD ,i)lik ( 'i . itht Notary Pubic- State of Kansas Notary Public My Appt.Expires January 31.2014 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on tp,,Pm . r 3_, 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. My appointment expires: 10-8-020!4- I 1 //1 / f sawn CYNTHIA S. WOLFF �, ,� . Public Notary Public- State of Kansas ( Notary Public I ' My Appt.Expires /p+aol [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book : 1275 Page: 1470 Exhibit A - Page 1 of 2 Description: A tract of land located in Lot 24 and Lot 25 of Block 2 of the Re-Plat of Port Blocks 1-2 Evergreen Park Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Beginning at the southeast corner of said Lot 25; thence on on assumed bearing of South 89' 52' 42" West on the south line of said Block 2, a distance of 99.98 feet to the southwest corner of said Lot 24; thence North 86' 43' 43" East, a distance of 100.19 feet to the east line of said Lot 25; thence South 00' 29' 44" West, a distance of 551 feet to the Point of Beginning. Said tract contains 275 square feet more or less. am OF SA/WA. J07 W A94 SALWA, KANSAS PUBLIC VOWS- (N9)CERWG- UiNIXS ~� 11-2872 Ir. Yay 200 X1_1 In in Book : 1275 Page : 1471 Exhibit A - Page 2 of 2 Parcel 4 R & J Financial R Lot 25 & 24, Block 2, Re-plot of port I of Blocks 1-2, $ Evergreen Pork Addition C Tract 1 - Sidewalk Easement 275 square feet O N85 43 43-E 10119_____...., _ - r 507944"W t S89'52 41"W 99.98 - Southwest corner of Lot 14 Trcct 7 - Point of Beginning Southeast Caner of Lot 25 —\_ Existing Cloud Street Right-of-way Legend ---- Right-of-way line N an OF SAIWA J W A9( SA(WA. KANSAS Easement line A PUBLIC 11Q4K5- EM1wEERwa- UMJJ115 - Property line 0 10 20 30 40 Note.' All distances are in [eel u a 11 282v_�" ucr lou SCALE 1- = 20 ...., �0 • —i i $i pin loci, - m;Ki