Lot 2, Block 2 Valley View Addition (Permanent Utility Easement) 111111111(III IIIII III II I III IIIII IIii!11111 IIII IIIIII IIIII IIIII INIIIIIIII IIII
REBECCA SEEMAN
REGISTER OF DEEDS SALINE COUNTY KANSAS
'1'Book:1306 Page: 510-514
Receipt #: 100478 Recording Fee: s44.00
Pages Recorded: 5 (. rl
Date Recorded: 12/18/2015 10:04 : 23 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this 29th day of April , 2014, by and
between Robert R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as
Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES
DATED MAY 8; 1996 and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert
R. Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L.
HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8,1996, (collectively
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.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement as set out in the project plans and specifications. Grantor acknowledges that
grading within the Easement may result in a permanent grade change.
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.
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.
Book: 1386 Page: 511
TRUSTEE COVENANTS: Upon being first duly sworn upon oath, Grantor further
covenants that: (1) Grantor is the Trustee under the Trusts; (2) the Trusts are revocable trust; (3)
the Trusts remain in full force and effect at this time; (4) Grantor is the duly qualified and acting
Trustee under the Trusts; and (5) as such Trustee, Grantor is authorized, pursuant to the Trusts
and without any limitation whatever, to convey the above-described Easement.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement
effective as of the day and year written above.
THE REVOCABLE INTER VIVOS
TRUST OF ROBERT R. HOFFHINES
DATED MAY 8, 1996
• / / J /.
By: A ,r Li/
Robert R. Ho'I • es, • stee
By: / /
M. a L. Hoffhines, Truster,
THE REVOCABLE INTER VIVOS
TRUST OF MARSHA L. HOFFHINES
A/K/A MARSHA ROBINSON
HOFFHINES DATED MAY 8, 1996
By: / I _.
M. ha L. Ho'i • es Trust
By: / emu//
•obert R. Hoffhhin-s, T tee
STATE OF KANSAS, COUNTY OF SALINE, ss: JJ
This instrument was acknowledged before me on /t,PR../L .29 , 2014 by Robert
R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE
REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996,
and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoffhines as Trustees
of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A
MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996.
My appointment ex ices: /1 Q
BONITAG.O'RORKE 10 -L Cv C
NOTARY PUBLIC Bonita G. O'Rorke Notary Public
STATE OF KANSAS
MY Appt.Exp. 3-20-IS
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
- Book: 1306 Page: 512
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: 41 A tar
on A. Gage, City M. sager
A 1 1 EST:
u , bots
Sh i Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on December 14 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas.
My appointment expires: (tea `�
BRENDA K. LINTON °�`'�o•-
y NOTARY PUBLIC Brenda K. Linton Notary Public
LT "y� STATE OF KANSAS iii
MY APPT. EXPIRES /0-y-70/9
-3-
Book: 1386 Page: 513
Exhibit A
Tract 11
Permanent Utility Easement
Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines
Legal Description:
A tract of land in Lot 2, Block 2, Valley View Addition to the City of Salina, Saline
County, Kansas and more particularly described as follows:
Commencing at the Southeast corner of said Valley View Addition;
Thence on the East line of said Lot 2 on an assumed bearing of North 00°36'18"
West, a distance of 16.65 feet;
Thence South 89°23'42" West, a distance of 20.00 feet to the platted utility
easement line and the POINT OF BEGINNING;
Thence on the said platted utility easement line South 78°56'11" West, a distance
of 46.95 feet;
Thence North 19°52'52" East, a distance of 103.35 feet;
Thence North 00°36'18" West, a distance of 139.03 feet to the platted utility
easement line;
Thence South 82°35'53" East on the platted utility easement line, a distance of
10.10 feet;
Thence South 00°36'18" East on the platted utility easement line, a distance of
225.92 feet to the POINT OF BEGINNING.
The above described tract contains 0.090 acres more or less.
Book: 1386 Page: 514
Exhibit B
Tract 11
Permanent Utility Easement
Owner: Trust of Marsha L. Hoffhines
and Trust of Robert R. Hoffhines
I
J S82' 35' 53"E
10.10'
Iii
Permanent Utility (//r
Easement Tract 11 r /
Lot 2, Block 2, r/�
Valley View Addition
N00' 36' 18"W %
/ S00' 36' 18"E
139.03' d\ 225.92'
Temporary Construction r/
Easements
Tract 12 �i/ir
N19' 52' 52"E / i \
103.35' �r///
i/ ri
liiri
Existing Utility ////, S89' 23' 42"W
Easement ///,' \\ 20.00'
r/ `\
____14.4-1 --�N00' 36' 18"W
16.65'
. Point of
Point of Commencement
S78' 56' 11"W Beginning Southeast corner of
46.95'
Valley View Addition
CITY OF SAUNA. KANSAS
PUBLIC Nom(5 — ENGINEERING — VTRITIES
0 zs 50 75 oo Tract 11
�� ■ Permanent Utlity Easement
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