Lot 100 . REBECCA SEEMAN
;;`- '= REGISTER OF DEEDS SALINE COUNTY KANSAS
tBook: 1280 Page: 1199-1502
s• `° (V ..J Receipt
Recei t °: 9975E A) Recording Fee: 520.00
�C.-:°/ Pages Recorded: I CN Rcm_ J,
Date Recorded: 1/29/2011 11:27:33 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this2446day of April, 2014, by and between
RD, 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 Grantor 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.
RD. LLC
By: AYW0 d -
es B. Richardson
anaging Member
Book : 1280 Page : 1500
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALI • • NSAS
li
By:
Aaron K. Householter, Mayor
ATTEST:
Shakdi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on April g 1t4014 by James B. Richardson
as Managing Member of RD, LLC.
My appointment ex n.
LOUISE DUPES ` XQ� �
alli Notary Public-State of Kola N tary Public
My Appt.Expires 04- -,g b IS
STATE OF KANSAS- COUNTY OF SALINE- ss:
This instrument was acknowledged before me on April 2$ , 2014, by Aaron K.
Householter as Mayor and Shandi Wicks, CMC- as City Clerk of the City of Salina- Kansas.
My appointment expires: 10- gttg.4 CiWiltj Di. (//0: i! /
JILL CYNTHIA S. WOLFF Notary Publi•/ I
Notary Public- Siat of Kansas
My Appt.Expires /0 -t-a0(�
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
•
Book : 1280 Page : 1501
EXHIBIT ' A'
EASEMENT DESCRIPTION: (RICHARDSON)
A PORTION OF LOT 99 ON 5TH STREET, AND LOT 100 ON 4TH STREET IN THE CITY OF
SALINA, ACCORDING TO THE RECORDED PLAT OF ORIGINAL TOWN (NOW CITY), THEREOF,
IN SALINE COUNTY, KANSAS, BEING FOR UTILITY EASEMENT PURPOSES AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 107; THENCE N 00'17'26" E ALONG
THE EAST RIGHT-OF-WAY LINE OF SAID 5TH STREET, A DISTANCE OF 201.56 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 99, SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUING N 0017'26" E ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 10.00 FEET; THENCE S 89.34'03" E A DISTANCE OF 239.86 FEET;
THENCE N 00'18'39" E A DISTANCE OF 9.01 FEET; THENCE S 89'34'03" E A DISTANCE
OF 10.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 100; THENCE S 00'18'39"
W ALONG SAID EAST LINE, A DISTANCE OF 10.00 FEET; THENCE S 14'51'35" W ALONG
THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, A DISTANCE OF
9.31 FEET TO THE POINT OF INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE
AND THE SOUTH LINE OF SAID LOT 100; THENCE N 89'34'03" 'i! ALONG THE SOUTH
LINE OF SAID LOTS 100 AND 99, A DISTANCE OF 247.52 FEET TO THE POINT OF
BEGINNING.
171, C . o GENse 0
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KAW VALLEY ENGINEERING, INC. y� S U R\i t
CONSULTING ENGINEERS - LAND SURVEYORS
133i ARMORY ROAD
Lee SAUNA. KANSAS 67401
PH. (185) 823-3400 I FAX (785) 823-3411 2-27-14 - E12S0566
sc veng.com I rww..veng.corn
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Book : 1280 Page : 1502
EXHIBIT ' B '
LOT 97 ; LOT 9E S 0018'39" W
LOr
y
10.00'
I S 89'34'03" E
10' UTILITY 10.00'
N 00'23'46" E (EASEMENT I N 0018'39" E\
/ 10.00' I S 89'34'03' ' E ! 239.86' 9.01'
I
LOT 99 LOT 100
j LOT 101 1 N 89'34'03' W 247.52' LOT 102
POINT OF
BEGINNING I S 14'51 '35" W
•
9.31 '
12
IE_ I LOT 101 Q
w -- ------ ---- ---- --- - -- ------ LOT_102_
al -U DT 103 - - - -- LOT 104 0
cr
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L) _ 10' UTILITY EASEMENT
I — I -RETAINED PER ALLEY Q
I- O ' VACATION ORDINANCE NO. Q
E. N 7009. MISC °K 89. PC 577 (.�
z w -LOT 103_ I OT 104 R.
LOT 105 '- _ - ----'- - --- -1--- ` U
(� LOT 106 cr
r H . /o
1 O Z
z_LOT 105 _-_- ___- __ I ■ _ LOT 106 '
LOT 107 — — �o Tos-
i
POINT OF
COMMENCEMENT
40' R/'N 1. SV! COP, LOT 107 ':
------"-::;,, KAW VALLEY ENGINEERING, INC.
F CONSULTING ENGINEERS — LAND SURVEYORS SCALE: i" == 40'
L_ 1331 ARMORY ROAD
�; SALINA, KANSAS 97401
PH. (795) 823-3400 I FAX (795) 923-3411 2-27-14 - E12S0568
saF�.veng.com I www'.veng.com
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