Lot 49, Block 1 (4) • I I I III II I II II III I I III II I II I II I I I 1101 11 111 I I II II I I I I II III II III 1111 1 II I II I 1111 I I II --
s REBECCA SEEMAN
_'•�""'"...REGISTER OF DEEDS SALINE COUNTY KANSAS
` -iBook:1340
, .. Page: 1463-1466
Receipt #: 116159 Recording Fee: $72.00
Pages Recorded: 4 C
Date Recorded: 3/30/2018 8:53: 12 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this 1346day of March , 2018, by and
between KELLY DUNN CONSTRUCTION, INC. (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 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 1340 Page: 1464
Kelly Dunn C' stru tion lnc.
By: /�I
ally . unn, President
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: Pw 81'4v1^> /
Trent W. Davis, M.D., Vice-Mayor
ATTEST:
S
ZT a-gda-&-ta
Shandi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on mq,a, « , 2018 by Kelly R. Dunn
as President of Kelly Dunn Construction, Inc.
My appointment expires:
g& LOUISE DUPES OUtt9
Notary Public State cf Kansas Notary PublicJ
M Appt. Expires s Y-'�' —apjct
LOU-\ S
Notary Public-Printed Name
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on MQYCY\ Il0 , 2018, by Trent W.
Davis, M.D., as Vice-Mayor and Shandi Wicks, CMC, as City Clerk of the City of Salina, •
Kansas.
My appointment expires: •
11
�rAy ALLISON STRAIT � Publf�
L i Notary Public- State of Kansas
My Appt. Expires IU-2S- -° AIliSon S-va;i-
Notary Public-Printed Name
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book 1340 Page: 1465
EXHIBIT 'A'
EASEMENT DESCRIPTION:
A PORTION OF LOT 49, BLOCK 1, GOLDEN EAGLE ESTATES ADDITION NO. 5 TO THE
CITY OF SALINA, SALINE COUNTY, KANSAS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 49; THENCE N 89'59'51" E ON
THE NORTH LINE OF SAID LOT 49, A DISTANCE OF 10.00 FEET; THENCE S 00'00'09" E
A DISTANCE OF 101.95 FEET; THENCE N 89'59'39" W A DISTANCE OF 10.00 FEET TO A
POINT ON THE WEST LINE OF SAID LOT 49; THENCE N 00'00'09" W ON SAID WEST
LINE, A DISTANCE OF 101.95 FEET TO THE POINT OF BEGINNING.
END OF DESCRIPTION
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Book 1340 Page: 1466
EXHIBIT 'B'
POINT OF BEGINNING
NW COR, LOT 49, BLK 1
N 89'59'51 " E
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