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
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AI , , )/\&u,,,--,,,m,v,, .
D onald R. Merriman, County Clerk
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
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: 1-•- - 1
.ye Owford, Mayo \ '
ATTEST:
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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.
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B.ZZ-TAXo
,•,• Exhibit .A
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• c ' libel'1 btdo Utility IrnQroaemenl
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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.
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pk
O
Utility Easement
77—Tract 1
East Line of 384-213
NS9J2'12E 4q22.' _
South Line of 388-994
Ryan Addition
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:_tiFtp 'itt..!*c- `.E'1t,^.,'.:c:;�51';<�--'tir—u w5
�' 4,5 tib Exhibit B
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