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Lot 1, Block 2 Valley View Addition (Permanent Utility Easement) I I I III Ili 11 Il Ill l l l�11 l 11l 11111 ll�ll llll 1111111111 NI 11111 I I0II I II l II lI I I lI REBECCA SEEMAN "•REGISTER OF DEEDS SALINE COUNTY KANSAS :1_ „,-. ,fBook:1306 Page: 500-504 ;Receipt #: 100478 Recording Fee: 544.00 Pages Recorded: 5 Date Recorded: 12/18/2015 10:04: 21 AM PERMANENT UTILITY EASEMENT This Permanent Utility Easement is made this(-25 day of November, 2015, by and between JULIE A. CLAYBAUGH, a single person, and HAROLD L. LARSON and ROYANNE LARSON, husband and wife (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. IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement effective as of the day and year written above. Book: 1386 Page: 581 • ulie A. Claybaugh 741 J H. old L. Larson wu� Royan�on STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on November 25, 2015 by JULIE A. CLAYBAUGH, a single person. My appointment expires: C+/ IIO171fIYMJBUG.S1atao1i(mpas J shua C. Howard Notary Public JOSHUA gin My Appt.BM.November B,20171 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on November 25 , 2015 by HAROLD L. LARSON and ROYANNE LARSON, husband and wife. My appointment expires: 1 40 ca !! 10ThilYPUBUC,Stateot Kansas Jo hum C. Howard Notary Public JOSHUA C HOWARD My Appt B�.Roeemb&9,2017 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- • Book: 1306 Page: 582 ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA,, KANSAS By: .! G. l J;gson A. Gage, City anager ATTEST: • 10th Shand- Wicks,CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December / , 2015, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: 10 — g a0 I g. / • �� • I � A / / Cynt 1 a S. Wolff otary Public blic EYNTHIA S.WOLFF I Hoary Public• State of Kansas -3- .' Book: 1386 Page: 503 • Exhibit A Tract 13 Permanent Utility Easement Owner: Julie A. Claybaugh, Harold L. Larson, and Royanne Larson Legal Description: A tract of land in Lot 1, less the North 120.00 feet, Block 2, in Valley View Addition, to the City of Salina, Saline County, Kansas and more particularly described as follow: Commencing at the Southeast corner of said Lot 1; Thence on an assumed bearing of North 82°35'53" West on the South line of said Lot 1, a distance of 20.19 feet; Thence North 00°29'59" West, a distance of 10.10 feet to the utility easement line and the Point of Beginning; Thence North 82°35'53" West on said utility easement line, a distance of 10.10 feet; Thence North 00°29'59" West on a line parallel to and 30.00 feet West of the East line of said Lot, a distance of 416.10 feet to the South line of the North 120.00 feet of said Lot 1; Thence North 89°15'28" East on said South line, a distance of 10.00 feet to the utility easement line; Thence South 00°29'59" East, a distance of 417.53 feet to the Point of Beginning. Said tract contains 0.096 acres more or less. Book: 1306 Page: 584 Exhibit B Tract 13 Permanent Utility Easement Owner: Julie A. Claybaugh, Harold L. Larson and Royanne Larson N89' 15' 28-E 10.00' ' Q 4 / N I / E C� Lot 1 , Less the / I North 120 feet, �� Block 2, Valley View 66 Addition zo.ao 100 , E// ' Y 54, 20.00 8� I j m n n ri o N Temporary Construction Easement Tract 14 / Permanent Utiity Earement / \� Existing Utiity Easement . / \ Point of Beginning — �% \� VVV \� N00' 29' S9'W �/ 10.10' N Pohl of Commencement N82' 35' 53'W Southeast comer of Lot 1. i . 1010' Bloek 2, Valley Ye. Addition N82' 35' 53'W 20.19' CITY OF SAUNA. KANSAS PUBUC WORKS — ENGINEERING — UTILITIES 0 30 60 90 120 Tract 13 Permanent Utiity Easernmt ■ SCALE 1' = 60' a= pc ay. 08-2713 I Mar 2011 2-2 ^=.mow..'..—,r.. pm•