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Lots 1 & 2, Block 1 111111iuimIIIIIIIIIHiiuuiiiiiiiiiiiiiuiiiuiiiiii1uiiiiiiiiiiiiiiii REBECCA SEEMAN *'\REGISTER OF DEEDS SALINE COUNTY KANSAS i. . i iBook:1335 Page: 897-899 Receipt #: 113512 1 Recording Fee: 546.00 Pages Recorded: 3 G N Date Recorded: 10/25/2017 11:24:01 AM PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk Easement is made this4M day of Ot-k belt 2017, by and between RIFFEL DEVELOPMENT CO., INC., a Nebraska Corporation, (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 sidewalk easement (the "Easement") in, on, over, under, and through the real estate legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for the purposes of pedestrian use by the public of the public sidewalk constructed thereon, with full • authority to enter upon the easement to construct the sidewalk. 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. If Grantor fails to fulfill its legal responsibility relating to the safe condition of the sidewalk, the City shall have full authority to enter upon the easement to maintain, repair, or replace the sidewalk on the basis allowed by law. IMPROVEMENTS: Grantor acknowledges that the construction of any building or structure 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 Sidewalk Easement effective as of the day and year written above. Boole 1335 Page: 898 RIFFEL DEVELOPMENT CO., INC. By: 71 B'L ne,„.../XS',Orman D. Riffel,Preside ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA, KANSAS Bv: :4it ..i s... , 1..JV :y J. ; . fs•d, Mayor A11EST: 11194th Willa Shandi Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF NEBRASKA, COUNTY OF SARPY, ss: This instrument was acknowledged before me on QC,4 , I--/ _, 2017 by Norman D. Riffel as President of RIFFEL DEVELOPMENT CO.. Inc. •My appointment expires: � ` eachGENERA NOTAAy-stax of wetrasxa ` RACHAEL L KIMBALL O. \L.i-;c %)Notary Public ?.: My Comm.Exp.February 13,2016 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on OC4oW.g I(0 , 2017, by Kaye J Crawford as Mayor and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: ALLISON STRAIT Notary Public-State of Kansas �I l tF Notary Public iarb My Appt Expires t0-15.20 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book 1335 Page 899 EXHIBIT A PERMANENT SIDEWALK EASEMENT THE EAST 40.00 FEET OF LOT 1 AND LOT 2 OF BLOCK 1 OF RIFFEL ADDl770N #2 TO THE CITY OF SAUNA, SALINE COUNTY, KANSAS. Todd Circle ct40.00 y tu o N C C N +.. .0 0 O J J O Q at 'SEU tt- y • y O WSW m � 3 Kaci o L.cu N 4 � w wo HNF il Ca 40.00 0 50 100 150 200 SCAM 11' 100' Todd Circle arra-s tpu. 3 W Ag/ S ,� REM Kea- a - urut¢S ' ( EXHIBIT A (� PerrnanenttSidewalk Easement _ \ � . �201y17-59. SeP 7017 .... In