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Lot 4, Block 3 Evergreen Park Addition Permanent Sidewalk Easement REBECCA SEEMAN — ?`.•'' GISTER OF DEEDS SALINE COUNTY KANSAS AGO f�F,•...� Book: 1276 Page: 299-301 ;, Ss.`•.'E E°5; :' Receipt tt: 92181 Recording Fee: $28.00 'e• Pages Recorded: 6 C N leabecca g ,,,,Q,�; Date Recorded: 12/20/2013 10:25:32 AM PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk Easement is made this 3rd day of December, 2013, by and between SON DANH TRAN and LAN VU, husband and wife, (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. 40 Book: 127. Page: 300 on Danh Tran 41,(C17114/ Lan Vu ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA, KANSAS BY: a ..I.. r on A. Gage, Cit Manager ATTEST: , I � Lieu Ann Elsey, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December 3 , 2013 by Son Danh Tran and Lan Vu,husband and wife. My appointment expires: ) 6 /7--74.,,,,d - 'r-' d Kansas Notary Public a. JOSHUA C HOWARD / u� = lay App.Exp.November 9,2017 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on I .Qup - 13 , 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/Z9/who ho D � • & SHANDI L. Notary WICKS .C.� Not Public Nary Public( St.te of .ansas ® MyAPPt.Expires ' 12 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- T . Book: 1276 Page: 301 Exhibit A - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Park Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on on assumed bearing South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feet; thence North 0' 10' 25' West, a distance of 12.19 feet to the Point of Beginning; thence North 89' 59' 14" West, a distance of 55.33 feet; thence North 0' 32' 57" East, a distance of 883 feet; thence South 89' 31' 32" East, a distance of 54.33 feet; thence North 45' 14' 03" East, a distance of 4.34 feet; thence South 89' 24' 37" East, a distance of 4.00 feet; thence South 0' 16' 16" West, a distance of 4.46 feet; thence North 89' 52' 47" West, a distance of 6.17 feet; thence South 0' 10' 25" East, a distance of 6.96 feet to the Point of Beginning; Said Tract contains 502 square feet more or less. • GUY OF SAUNA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS-ENGINEERING-UIILIRES ac MY MS 11-2872 May 2013 1-1 LMC lb we GV.b.rrb lEes In A Book: 1276 Page: 302 • Exhibit A - Page 2 of 2 fii e I 1 3 0 'Is 1 CZ i :?2 Parcel 1 Tron _ o East 80 1t of Lot 4, e Block 3, Evergreen a , a Pork Addition m ' co ( o 1 ,,-) N4574 03 E S8924 3r E � Building Overhang 4.34 4.00 Building Face �J I S893L32E 5433 - " - z :__m t 40153 3Stdew}olktfEasem` nL 4.46 I fpLc �" 'ri502 square%et = , N8952'47°W N895914°W 55.33 6.17 N032'S7°E 1 S0'10'25°E 8.83 Point of Beginning - Tract 3 1 -- _ ------------NO'J025"9 J - 6.96 1219 L __ 7 58951'42°W 24.51 Existing Cloud Street Right-of-way Point of Commencement - Tract 3 Southeast corner of Lot 4 Legend ® -- Right—of—way line N CITY OF SAL/NA, 300 W ASH, SALINA, KANSAS Easement line PUBLIC WORKS-ENGINEERING- UTILITIES Property line 0 10 20 30 40 Note: All distances are in feet ""° 11_2872 !WC May 2013 'a _� SCALE: 1" = 20' „m , , Ih r Book : 1276 Page : 303 Exhibit B - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on on assumed bearing North 0' 32' 58" East on the east line of said Lot 4, a distance of 23.36 feet; thence North 89' 24' 37" West, a distance of 2.06 feet to the Point of Beginning; thence North 89' 24' 37" West, a distance of 5.00 feet; thence North 0' 35' 23" East, a distance of 43.93 feet to the north line of said Lot 4; thence North 89' 53' 37" East on the north line of said Lot 4, a distance of 5.00 feet; thence South 0' 35' 23" West, o distance of 43.99 feet to the Point of Beginning. Said Tract contains 220 square feet more or less. 40 arr OF SAUNA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS-ENGINEERING- UIILIBES rru¢ c s¢E 11-2872 d May 20/3 1—1 .r.0.0//0/mads gym, I'° Book: 1276 Page: 304 Exhibit B - Page 2 of 2 0 1 D N89 53'37 E ;m : 1 5.00 f..,- 1I V' :q$-tz c cacb I -c ., O W Wi 1 3 3 Parcel J Tran L° 1 c3 P� � P .c o East 80 ft of Lot 4, o, o, o o o r e Block 3 Evergreen ") X_o , • Pork Addition a l .� ! m ii m L1 _J (,(�� 1 'ate' = 1 E-,-a 1'/ Tract 4 Building Overhang ) r1 y Point of Beginning Building Face __ ° =MVn, J✓ i N8924:37"W N8924'37°W ,, 2.06 5.00 Wi 1 co 1 1 h Tract 4 - Point of Commencement Southeast Corner of Lot 4 Existing Cloud Street Right-of-way Legend ® -- Right-of-way line Easement line N CITY OF SAL/NA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS- ENGINEERING- UTILITIES Property line 0 10 20 30 40 Note: All distances ore in feet � ""° 11-2872 I May 20/J 1-1 SCALE: 1" = 20' , ,- ,r —,,,, l, .ao� in t.Kt-