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Lot 158 REBECCA SEEMAN " -rAREGISTER OF DEEDS SALINE COUNTY KANSAS ;;,' ;1Book:1341 Page: 1382-1384 Receipt #: 116577 Recording Fee: $55.00 Pages Recorded: 3 U p) Date Recorded: 4/27/2018 11:56:47 AM PERMANENT PUBLIC UTILITY EASEMENT This Permanent Public Utility Easement is made this23rdday of Apri I , 2018, by and between Lighthouse Properties III. Inc., a Kansas 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 utility 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 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. 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 Public Utility Easement effective as of the day and year written above. Book 1341 Page: 1383 Lighthouse Properties III, Inc. B . Guy D. Walker, Vice President Real Estate Development ACCEPTANCE OF PERMANENT PUBLIC UTILITY EASEMENT CITY OF SALINA, KANSAS By: d-Q I. — Karl F. Ryan, Mayor ATTEST: Shandi Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: n ^ This instrument was acknowledged before me on a 3 , 2018 by Guy D. Walker, Vice President of Lighthouse Properties III, Inc. My appointment expires: Q a1, `kat f sitnivi AiANDRA KAY ERDNER Notary Public Ndary Prb6c-Sa d Kansa My Appt Expires-t{abi _ Printed Name:A1\& rA Ck rd ne STATE OF-KANSAS, COUNTY OF SALINE. ss: This instrument was acknowledged before me on A9tii 23 . 2018. by Karl F. Ryan, as Mayor and Shandi Wicks. CMC. as City Clerk of the City of Salina. Kansas. My appointment expires: . 'otar�7C&14— a1 ALLISON STRAIT G Notary Public • State of Kansas Printed Name: AIIi4on 51r-c ii- My Appt. Expires lb-25.20 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Bock IMI Page: 1384 Exhibit A The North 10.00 feet of Lot 158 on 5th Street, in the Original Town of Salina, Saline County, Kansas. J _ J /RIGHT--OF—WAY RIGHT—OF—WAY LOT 156 a) . a) s, -b o \- - 7- N\ -. ,,,„a to 10.00 Utility Easement LOT 158 • r 1 I I , CITY[Y SAUNA, 3 W ASN, SUWA, KANSAS POEM PARKS- ENQNEERR'G - UJNIES 0 10 20 30 a EXHIBIT A - Utility Easement Lot 158 - 5th Street r Apr 7018 .m SCALE 1' 20' ___ L 1