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Lot 1, 2, 3, Block 3 Permanent Sidewalk Easement o.. REBECCA SEEMAN ?.`••• —?-f GISTER OF DEEDS SALINE COUNTY KANSAS + Book: 1276 Page: 281-286 -0 F• `'•.''.``E° • •. Receipt : 92181 Recording Fee: $28.00 'w a..;.` Pages Recorded: 6 C letheCCO- ip071.4A0 411 Date Recorded: 12/20/2013 10:25:28 AM PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk Easement is made this 4th day of December, 2013, by and between STEVEN D. ALBRECHT, a/k/a Steven Albrecht, and RHONDA J. ALBRECHT, a/k/a Rhonda Albrecht, 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 411 Easement effective as of the day and year written above. Book : 1276 Page: 282 40 1 , v. indit. 10 , foilw Steven D. Albrecht, a/k/a Steven Albrecht and 7 Albrecht, a/k/a Rhonda Albrecht ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA, KANSAS By: Cli .44tk (It , J n A. Gage, City anager ATTEST: , , if / / Lieu Ann Elsey, CMC, City tili k I1) ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December q , 2013 by Steven D. Albrecht, a/k/a Steven Albrecht, and Rhonda J. Albrecht, a/k/a Rhonda Albrecht, husband and wife. My appointment expires: ( /L t J �l _ , • `7T-':,. 01 Kansas C, Notary Public 1QSHUAC HOWARD __ =. November 8,2017 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December V, , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. My appointment expires: D/ititdi-- L- (•00 ri claaS L. WIC NotaryHANDI Public- State •f KanKS 92a Notary Public MyAppt.Expires i I •. 0 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book : 1276 Page: 283 Exhibit A - Page 1 of 2 Description: A tract of land in Lot 1, Lot 2 and Lot 3, 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 3. thence on on assumed bearing of South 89' 53' 37" West on the south line of said Lot 3, a distance of 2.03 feet to the Point of Beginning; thence South 89' 53' 37" West on the south line of said Lot 3, a distance of 5.00 feet; thence North 00' 35' 23" East, a distance of 91.31 feet; thence North 00' 35' 23" East, o distance of 11.55 feet; thence North 07 19' 03" East, a distance of 59.01 feet to the east line of said Block 3; thence South 00' 32' 58" West on the east line of said Block 3, a distance of 42.44 feet; thence South 07' 19' 11" West, o distance of 16.58 feet; thence South 00' 35' 23" West, a distance of 102.50 feet to the Point of Beginning. Said tract contains 702 square feet more or less. ® CITY OF SAUNA, J00 W ASH, SAUNA, KANSAS PUBLIC WORKS-ENGINEERING- UTILITIES 11-2872 lac Apr 2013 _ Book: 1276 Page : 284 • Exhibit A - Page 2 of 2 Parcel 2 Albrecht Part of Block 3, Evergreen Pork Addition Tract 2 - Sidewalk Easement 702 square feet 1 N0 35 23 E 589'53'37"W N0 35 23 E 91.31 1 1155 5.00 - N tAV -i N71903E5901 ------- ------ SOJ523 W-)0250'- -- - --==== 589 5 -3'37"W 571911 w 16 58 -50'32'58"W 42 44 203 Existing South Ninth Street Right-of-way Point of Beginning - Tract 2 Right-of-way& S/W& Temp. Const. Easement Point of Commencement - Tract 2 Southeast Corner Lot 3 Legend ® -- Right-of-way line CITY OF SAUNA, 300 W ASH, SALINA, KANSAS Easement line PUBLIC WORKS- ENGINEERING- UALIn£S Property line 15 30 45 60 Note: All distances are in feet ""° 11-2872 "` May 2013 1_1 SCALE: 1" = 30' awe. „m ca..pas t” 1" • Book: 1276 Page: 285 Exhibit B - 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: Commencement of the Southeast corner of said Lot 4; thence on on assumed bearing of South 89' 52' 42" West on the south line of said Lot 4, a distance of 80.00 feet; thence North 00' 32' 57" East, a distance of 12.32 feet to the Point of Beginning; thence North 89' 59' 14" West, a distance of 119.71 feet to the west line of said Lot 4; thence North 00' 29' 12" Eost on the west line of said Lot 4, a distance 9.80 feet; thence South 89' 31' 32" Eost, a distance of 119.72 feet; thence South 00' 32' 57" West, a distance of 8.83 feet to the Point of Beginning. Said tract contains 1115 square feet more or less. ® CITY OF SAUNA, J00 W ASH, SALINA, KANSAS PUBLIC WORKS— ENGINEERING— U7/LITIES MY/01 ac av 11-2872 Apr 2013 a., �" Book : 1276 Page: 286 Exhibit B - Page 2 of 2 0 0 i H' 'I L Q Parcel 2 Albrecht :I Port of Block 3, I ' , Evergreen Pork e I Addition Parcel 1 Tron ' il Temp. Cons!. & S/W Easement East 80 ft of tot 4, Block 3 Evergreen II 1 S89 3132E 11972 f Budding Face Pork Addition ___ , I i I i !0 9 Side alk£oseement Tract 4 503257 W W r- -fi15 oe feet: Point of Beginning - Tro:t 4 ; 980 = ion_ . _ -_ 883 _m e 1 ieEP en N8959'14"W 119.71 S/W Easement : 1 Eosem Temp. Construction Easement N03257"E 1 1232 -__ --- --- - -f---- --- --- �c- Existing Cloud Street Right-of-way 58952'42"W 80.00 Point of Commencement - Tract 4 Southwest Corner of Lot 4 Southeast Corner of Lot 4 Legend ® -- Right—of—way line Easement line CITY OF SAUNA, 300 W ASH SAUNA, KANSAS PUBLIC WORKS-ENGINEERING- UTILITIES Property line 0 15 30 45 60 Note: All distances are in feet �� �°° 11-2872 "` Mar 2013 �`�_ P�✓ SCALE: 1" = 30' no,.c ..",Otar ..®.eiu.r �' A fzes.,,, .0(.0 M i' K('