S29, T14S, R2W TRACT 16 i 11111111111111111111111II I1I1111111111111111111111111111111111011111111111111
REBECCA SEEMAN
A f '`'�;REGISTEP. OF DEEDS SALINE COUNTY KANSAS
;�°,:•;, ")Book:1308 Page: 280-284
::' Receipt #: 101490 Recording Fee: 559.00
Pages Recorded: 5
CM
Date Recorded: 2/12/2016 8: 20:49 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this o' 2day of , 2016, by and
between PESTINGER ENTERPRISES, LLC, a Kansas limi d liabilitry company, (the
"Grantor")and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
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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^zhet'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: 1308 Page: 281 •
1
PESTINGER ENTERPRISES, LLC
By: _ `'�Thomas R. Pestinger, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 1'22,2-- , 2016 by Thomas R.
Pestinger as President of PESTINGER ENTERPRISES, LLC.
My appointment expires: /11 /
1[ . .
NOTARY PUBLIC-State of Kansas Not. y Public Barbara L. Michael
Barbara L.Michael
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[A real CPBB9Et+1d7.validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
•
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' Book: 1388 Page: 282
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: a
J sod n A. Gage, City Man d
g , Y g er
ATTEST:
c.0 70E1 /JAI -
Sha di Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January 22 • 2016, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas.
My appointment expires: ea-/ii q< l
BRENDA K.LINTON Notary Public Brenda K. Linton
NOTARY PUBLIC
STATE OF KANSAS
MY APPT. EXPIRES 10"y-zo Ip I •
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Book: 1308 Page: 283
i
Exhibit A
Tract 16
Permanent Utility Easement
Owner: Pestinger Enterprises LLC
Legal Description: t ,
A tract of land in the Northwest quarter of Section 29, Township 14 South, and
Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more
particularly described as follows:
Commencing at the Northwest corner of Valley View Addition, a Subdivision in
the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of South 00°28'27" East on the West line of said
Valley View Addition, a distance of 1314.80 feet to the POINT OF BEGINNING;
Thence South 00°28'27" East on said West line, a distance of 65.00 feet;
Thence South 89°31'33" West, a distance of 20.00 feet;
Thence South 00°28'27" East parallel with and 20.00 feet west of the said West
line, a distance of 383.92 feet;
Thence North 89°31'33" East, a distance of 20.00 feet to the Southwest corner of
said Valley View Addition;
Thence South 00°28'27 East on said West line extended, distance of 30.10 feet;
Thence South 89°32'39" West, a distance of 40.00 feet;
Thence North 00°28'27" West parallel with and 40.00 West of said,West line and!'„1
extensions thereof, a distance of 427.66 feet;
Thence North 37°26'48" East, a distance of 65.09 feet to the POINT OF
BEGINNING.
The above described tract contains 0.240 acres more or less.
'1
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Book: 1388 Page: 284
Exhibit B
Tract 16
Permanent Utility Easement
Owner: Pestinger Enterprises LLC
Point of Commencement
Northwest corner of r
Volley View Addition
Valley View
Addition
Temporary Construction
Easement
Tract 15 SOU 25' 27'E
1314,20
NW Section 29,
I 14 S. R 2 W Point of
N37'26'48"E I BeginnincSO'28'27"E
65.09�� 65.00
(11
Permanent Utility I 589'31'33"W
Easement Tract 16 20.00 S0'28'2:"E
383.92
N0'28'27"W • /
I d N89'31'33"E
427.66 I 20.00
Southwest corner
I of Volley View
Addition
S89'32.39"W
40.00 S0'28'27"E
30.10
an Or SALINA, KANSAS
PUBUC WORKS - ENGINEERING - UTILITIES
0 150 300 450 600 Tract 16
Permmront Utility Easement
Revised: 2014-01-06 SCALE: 1 = 300 4=44 0e-2713 In Jan 2014 '°
IR • 2-2
SCANNED