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NW4-8-T14S-R2W REBECCA SEEMAN •` "`''''.° 2EGISTER OF DEEDS SALINE COUNTY KANSAS L _, Book: 1281 Page: 712-715 1'+.,•'t`.` .' ''f Receipt n: 96539 9 Recording ee: $20.00 ^^,4',',;-+ Pages Recorded: 5 GN /�th g Date Recorded: 7/22/2011 9:21:09 AM PERMANENT UTILITY EASEMENT This Permanent Utility Easement is made this 11th day of July, 2014, by and between EASTRIDGE DEVELOPMENT, INC., a Kansas corporation, (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 the Grantor owns the Real Estate and has the right, title, and capacity to grant the Easement. USE AND MAINTENANCE: Grantor acknowledges that the Grantor's use of the Real Estate shall be consistent and not interfere with the Easement and that the Easement shall not affect the Grantor's obligation to maintain the Real Estate. SURFACE GRADE: The 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. EASTRIDS DEVELOPMENT, INC By: w PAW Dire C. King, President ._ - . Book : 1284 Page : 743 ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA, KANSAS By: //11-WA-, 0 J3son A. Ga e,g g A11EST: // '' 11 t'-/.I_ I(_l _ La Sh.. di Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on July I i 2014 by Daniel C. King as President of Eastridge Development, Inc., a Kansas corporation. My appointment expires: C NO JOSHUACHO'SweoW1 ARD Notary Public My Appt.Exp.November 9,2017 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on July , 2014, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, K . My appointor nt expirer• �� / t MICHELE R. ORR-NIUTHS \\\(\iJ 11�, ,,k, a\„„ Notary PuUIL�- State of Kansas PP My Appt.Expires 4-14�Y1 Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book : 1284 Page : 744 Exhibit A Public Utility Easement Owner. Eastridge Development, Inc. Description: A tract of land located in the Northwest Quarter of Section 8, Township 14 South, Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more particularly described as follows: Commencing at the Southwest Corner of said Northwest Quarter; Thence on an assumed bearing of North 89' 41' 03" East on the south line of said Northwest Quarter, a distance of 380.24 feet; Thence North 00' 18' 57" West, a distance of 40.00 feet to the north right of way line of North Street and the Point of Beginning; Thence North 05' 21' 22" West, a distance of 31. 12 feet; Thence South 49' 59' 48" East, a distance of 17.00 feet; Thence North 89' 41' 03" East, a distance of 608.76 feet; Thence North 83' 58' 36" East, a distance of 201. 11 feet; Thence North 89' 41' 05" East, a distance of 167. 70 feet to the centerline of Smoky River; Thence South 47' 01' 09" West on the centerline of Smoky Hill River, a distance of 29.51 feet; Thence South 89' 41' 05" West on said right of way line, a distance of 14500 feet; Thence South 83' 58' 36" West on said right of way line, a distance of 201. 11 feet; Thence South 89' 41' 03" West on said right of way line, a distance of 619.99 feet the Point of Beginning. Said tract contains 19622 square feet more or less. an'a-sum. sn w,wt sum, twexs PUBLIC I EKS-ENGNEEPoNC- UIUBES Exhibit A Parcel 2 Public Utility Easement ee In Mar 2014 . 2 in • Book : 1284 Page : 745 _ _ rlin West Line, Northwest q, Section 8 Centee Morymount Rood _ _• Point of Commencement, V Southwest Corner of `Existing Right—of—Way Line Northwest i of Section 8 W h o i z 1 Z C N ib in Existing Levee Right—of—Way N07857"W ���� 40.00 \` \\� Right of Woy Point of Beginning I S4959'48-E N52l'22"W 1 1700 31.12 - m 1 � I C. 3 LAS/RIDGE DEVELOPMENT INC --612P Ouit Claim Deed DJ' T "'I W Deed Book 380, Page 48 •3 1- Frol tl� \^ b2 (1/I \ Public Utility Easement .C• N JI. • Q) \ 0 cu Existing Right—of—way Line • • Centerline Smoky Hill River I 3 n ro I i„\ z I C\o 13 � \ I \ o 75 1025 300 • 0 1 I l seer- 1" = 150' a WY Or SAUNA 300 w Aso suerq KANSAS N WSW RRxs-ENax¢1 v - 11771111£3 54701'091V Exhibit B rye!Li 29.41 i '.\ Parcel 2 Public Utility Easement Row " 'vn In Yo 2014 .2-2 �� &ewe sm., 1^ •