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SW4-31-T14S-R2W & NW4-6-T15S-R2W (Tract 1) X1111111111[1 111 1111111111[11111111111111111111111111 M1111111111111 REBECCA SEEMAN 1'REGISTER OF DEEDS SALINE COUNTY KANSAS )Book:1318 Page: 105-108 Receipt #: 106102 Recording Fee: $48.00 Pages Recorded: 4Q r\ Date Recorded: 9/16/2016 9:35:38 AM PERMANENT UTILITY EASEMENT [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] This Permanent Utility Easement is made this 3Oday of August, 2016, by and between the BOARD OF COUNTY COMMISSIONERS, SALINE COUNTY, KANSAS (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 attachedand 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. 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. Book: 1318 Page: 106 "11��,"'',., BOARD OF COUNTY COMMISSIONERS .„%s\,>�� C ,!/j ,,, SALINE COUNTY, KANSAS : : ::. . COUNTY : : _ _ . -: % CLERK r . By: Mme Shadwick, Chairman ATTEST: '''",;'1F OF,K,,NS I'',,,,,,,,,,,,`` AI , , )/\&u,,,--,,,m,v,, . D onald R. Merriman, County Clerk ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA, KANSAS �,_ fiell \ : 1-•- - 1 .ye Owford, Mayo \ ' ATTEST: 1I11 , `�1 ''Ill a Shandi Wicks; CMC; City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on August 30 2016 by Monte Shadwick as Chairman of the Board of County Commissioners and Donald R. Merriman as County Clerk of Saline County, Kansas. My appointmen expires:C��-Q �pC� C�� �X allM TAMMI RENE COX �ftary Public__ `� Cotary Public State of Kansas ', nted name: iy1M I Q-e e.. l.l.J� MyAppt.ExpiresN-01-AD1� STATE OF KANSAS, COUNTY OF SALINE, ss:• i r�C This instrument was acknowledged before me on�� /o/ , 2016, by Kaye J. Crawford as Mayor and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: 10 g` 4.0 // _ 9,1 - Ili a CYNTHIA S. WOLFF . ..1/..14_./. I Notary Pu; ic , °;1® Notary Public 1-i0-g-p(State of Kansas MyAppt.Expires Printed name: ((2 / /a i _ 0 -2- Book: 1318 Page: 107 EXHIBIT A TRACT 1 SCHILLING & OHIO UTILITY IMPROVEMENT A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 14 SOUTH, AND RANGE 2 WEST OF THE 6774 PRINCIPAL MERIDIAN AND THE NORTHWEST QUAR TER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 15 SOUTH, AND RANGE 2 WEST OF THE 617-I PRINCIPAL MERIDIAN, IN SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 89° 33' 16" EAST .ON THE SOUTH LINE OF SAID SECTION 31, A DISTANCE OF 40.00 FEET TO THE EAST LINE OF A TRACT OF LAND DESCRIBED IN SALINE COUNTY REGISTER OF DEEDS BOOK 384, PAGE. 213 AND THE POINT OF BEGINNING; THENCE NORTH 89° 33' 16" EAST ON 'THIS SOUTH LINE OF SAID SECTION 31, A DISTANCE OF 25.00 .FEET-° THENCE SOUTH 00° 34' 06" WEST ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN SALINE COUNTY REGISTER OF DEEDS BOOK 384, PAGE 213, A DISTANCE OF 156.97 FEET TO THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN REGISTER OF DEEDS BOOK 388; .PAGE 994; THENCE NORTH 89° 32' 12" EAST ON SAID SOUTH LINE, A DISTANCE OF 48.22 FEET; THENCE NORTH 00' 35' 46" EAST, A- DISTANCE OF 206.97 FEET .TO. .THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN SALINE COUNTY REGISTER OF DEEDS BOOK 393, PAGE 149; THENCE SOUTH 89' 38' 38" WEST ON SAID NORTH LINE., A DISTANCE OF 73.43 FEET TO THE EAST LINE OF A TRACT OF LAND DESCRIBED IN SALINE COUNTY REGISTER OF DEEDS BOOK 384, PAGE 213; THENCE SOUTH 00° 26' 38" WEST ON SAID EAST LINE, A DISTANCE OF 50. 12 FEET TO THE POINT OF BEGINNING. SAIQ Tf l,C;l" ,CQNTAI N 11,246 SQUARE FEET MORE OR LESS. C� =, F• w J OI,:0�aLG1',1,.Rh A.ASd i.ttiit.44N4 ' ft.itIr r'Nq?A -<Cht fi-cAyir B.ZZ-TAXo ,•,• Exhibit .A - • c ' libel'1 btdo Utility IrnQroaemenl '^ is d: .�.�....�. !^ Book: 1318 Page: 108 Exhibit B Tract 1 Stone Lake Addition Schilling & Ohio L tility Improvement 7 North the of 393-149 S8935:581W 73.43' pp SV . East Line of 384-213 Pointeof.8 nnaigt +—N8833'leE Souh Line of Section 31 N89153'16"E 40.00' / 25.09' SCHILLING ROAD Point of Commencement Southwest Comer Southwest Quarter • S31—n4s—R2W • 4.4 Qs. ,^ pk O Utility Easement 77—Tract 1 East Line of 384-213 NS9J2'12E 4q22.' _ South Line of 388-994 Ryan Addition Of/::.Y w,i fiti is Mi,'N'Ai,.-.57.:lN, :_tiFtp 'itt..!*c- `.E'1t,^.,'.:c:;�51';<�--'tir—u w5 �' 4,5 tib Exhibit B -'tr.oc:'1 --s:rin;s SD�i�:.twit 14$C13