SW4-25-T14S-R3W (Utility) (et
real estate
August 21, 2020
Via: FedEx
City Clerk
PO Box 736
Salina KS 67402-0736
RE: Notice of Change of Address
Net3 (Salina), LLC
Premises: 2375 S 9th St, Salina KS
Water Line Utility Easement Agreement: dated 03.30.18
To Whom It May Concern:
In accordance with the terms and conditions of that certain Water Line Easement
Agreement referenced above, this letter shall serve as notice of our change of address.
See below.
Net3 (Salina), LLC
c!o David Cunningham
Net3 Real Estate, LLC
180 N Ada, Ste 503
Chicago IL 60607
Please contact me with any questions or concerns.
Sincerely,
Net3 (Salina), LLC
Zati... q:______
David E Cunningham
Dcunningham@net3re.com
630.272.9102
I II Hill ui IIIIIIIIIIIIIIli 1111111111III 0111111III 111111 H 111111111111111111
REBECCA SEEMAN
'•':<',•REGISTER OF DEEDS SALINE COUNTY KANSAS
„_.: Book:1341 Page: 1412-1417
Receipt #: 116577 Recording Fee: $106.00
" Pages Recorded: 6 C
Date Recorded: 4/27/2018 11:56:52 AM
PERMANENT WATER LINE UTILITY EASEMENT
This Permanent Water Line Utility Easement is made this3crik day of March, 2018, by
NET3 (Salina), LLC, an Illinois limited liability company (the "Grantor") and the CITY OF
SALINA, KANSAS, a municipal corporation (the "City"):
1. Grant: Grantor, on its behalf and on behalf of its successors and assigns, hereby
grants and conveys to the City a permanent water line utility easement (the "Easement") in, on,
over, and through a portion of the tract of real estate legally described on Exhibit C attached
hereto ("Property") which portion is legally described on the attached and incorporated Exhibit
A and depicted on the attached and incorporated Exhibit B (collectively the "Easement Area")
for the purposes of accessing, locating, constructing, excavating, and maintaining a water pipeline
and fire hydrant in the Easement Area ("Facilities") for the purpose of distributing water and
providing fire protection by the City.
2. Restoration. After completion of any work or construction on the Easement Area,
the City shall restore the Easement Area to its unimproved earthen grade as it existed prior to such
construction.
3. Term: The Easement shall be perpetual.
4. Ownership: Grantor represents that as of the date hereof, Grantor owns fee
simple title to the Property. Grantor represents that the person executing this Easement has full
and legal authority to bind Grantor to the terms hereof.
5. Maintenance: Grantor acknowledges that the grant of the Easement hereunder shall
not affect the Grantor's obligation to maintain the Property.
6. Improvements: Grantor shall keep the Easement Area free and clear of all
improvements which may impair the Facilities' function or structural integrity; provided that
Grantor may use the Easement Area for parking, including installation, repair and replacement of
pavement upon such Easement Area and other types of improvements, including fences and
landscaping (collectively the "Private Improvements"); provided, however, when the City must
complete any work or construction on the Easement Area, restoration of such Private
Improvements shall be the responsibility of Grantor and shall be governed by the Salina Code as it
may be amended from time to time (currently Sec. 42-63).
7. Surface Grade: Grantor shall not make any material modification to the surface
grade of the Easement Area without the City's prior written approval.
Book 1341 Page: 1413
8. Notices. All notices required or permitted to be given pursuant to this Easement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier
service. Notice shall be considered given when received on the date appearing on the return receipt,
but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by
registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or address, notices to the giver of that notice shall
thereafter be given as demanded in that notice.
CITY: City Clerk
P.O. Box 736
Salina, KS 67402-0736
OWNER: do Net 3 Real Estate, L.L.C.
Attn: David Cunningham, Manager
220 North Green Street
Chicago, IL 60607
With a copy to: Haugh & Associates, Ltd.
Attn: Valerie Haugh
525 Dee Lane, Suite 200
• Roselle, IL 60172
9. Binding Effect. This Easement shall run with the land and shall be binding upon
all parties now having or hereafter acquiring any right, title, or interest in the Property or any part
thereof.
{Remainder of Page Intentionally Blank)
-7-
. Book 1341 Page 1414
IN WITNESS WHEREOF, Grantor has executed this Easement effective as of the day
and year written above.
NETS (Salina), LLC, an Illinois limited liability company
By: Net 3 Real Estate, L.L.C., an Illinois limited liability company, its Manager
By . 401.
Name: David E. Cut( ' gham
Title: Manager
STATE OF ILLINOIS
SS
COUNTY OF COOK
This instrument was acknowledged before me on March 30 , 2018, by David E.
Cunningham, as manager of Net 3 Real Estate, L.L.C., the manager of Net3 (Salina) LLC.
qbab_ - - - - -
. HEATHER L MCDONALD Int . /if tdd
- official Seal - I Notary Public '' 11
a �NNotaryry Public•State o1 Illinois 1 Printed Named e,C� �7y
Mt i 14-id
1 My Commission Expires Dec 19,2020. 1
inelainearrerrnrillakt
ACCEPTANCE OF
PERMANENT WATER LINE UTILITY EASEMENT
CITY OF SALNA, KANSAS
By: -^ `" 9 /w'2
Trent W. Davis, M.D., Vice Mayor
ATT��EST::
3
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
AVO
This instrument was acknowledged before me on- karat 23 , 2018 by Trent W. Davis,
M.D., Vice Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for the
City of Salina, Kansas. o ' `_, ,
ALLISON STRAIT I�lotary Public
NctaryPublic • State ci Kasas Printed Name: RI li Son SFYUk�
My Appt. Expires 10-25.20
-3-
Book 1341 Page: 1415
EXHIBIT 'A'
WATER LINE EASEMENT DESCRIPTION:
A PORTION OF BLOCK 1, MEADOWLARK ACRES ADDITION NO. 2 TO THE CITY OF SALINA,
SALINE COUNTY, KANSAS, ALL LYING IN THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 14 SOUTH, RANGE 3 WEST OF THE 6T1-1 P.M., BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE
S 89'33'23" E 86.75 FEET; THENCE N 00'19'12" E 40.00 FEET TO THE SOUTHWEST
CORNER OF SAID BLOCK 1; THENCE ON THE SOUTH LINE OF SAID BLOCK 1, 5
89'33'23" E 261.03 FEET TO THE POINT OF BEGINNING; THENCE N 00'17'50" E
225.77 FEET; THENCE S 89'42'10" E 20.00 FEET; THENCE S 0017'50" W 225.82 FEET
TO SAID SOUTH LINE; THENCE ON SAID SOUTH LINE, N 89'33'23" W 20.00 FEET TO
THE POINT OF BEGINNING.
END OF DESCRIPTION
`\`\ON R. LOA' 0
Ar 1462
0/ SURN,�\ ```�•
JASON R. LOADER
KANSAS RLS NO. 1462
looderj@kveng.com
•
2319 NORTH JACKSON I P.O. BOX 1304
• JUNCTION CITY, KANSAS 66441 REV#1 - ?122/18- CITY COMMENTS-JP
PH. (785) 762-5040 I FAX (785) 762-7744
jcekveng.com I www.kveng.com 1 OF 2
♦ KAW VALLEY ENGINEERING JANUARY 24, zols
1666EXBD WATER ESMNT
Book 1341 Page: 1416
EXHIBIT 'B'
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\�R�f NTURY a\
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W � er
d' ¢ / r` ` b\�
> N S 89'42'10" E 20.00' 1
1
� INGRESS AND EGRESS
EASEMENT PER MISC.
Et Lets / I
BOOK 134,
I-- o PAGES 598-605
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2. / M�PpO`M Pco RS PCR�S W > UTILITY OPOS EASEMENT
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SW COR. / 45' FLOOD POINT OF I
BLOCK 1, / CONTROL EASEMENT BEGINNING 30' STREET
MEADOWLARK ACRES / (PER PLAT) NI SETBACK LINE
ADDITION NO. 2 (PER PLAT)
/ /l/ / / / / / / / / / / / / / / / / / / / / /l / / / / / / / / / / / / // / / ,
-
S 89'33'23" E 261 .03'
—________N 00'19'12" E N 89'33'23" W
S 89'33'23" E 40.00' 0
a 20.00'
86.75'
POINT OF COMMENCEMENT `�� MAGNOLIA ROAD R/W
SW COR, SW 1/4, SEC 25, T-14-S, R-3-W (PUBLIC ACCESS-CONCRETE SURFACE)
2319 NORTH JACKSON I P.O. BOX 1304
JUNCTION CITY, KANSAS REV#1 - 222/18- CITY COMMENTS-JP
PH. (785) 762-2-5040 FAX (785)) 76 762-7744
jc@kveng.com I www.kveng.com 2 OF 2
♦ KAW VALLEY ENGINEERING JANUARY 24, 2018
1666EXBD WATER ESMNT
Book 1341 Page: 1417
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Block 1, MEADOWLARK ACRES NO. 2, an addition to the City of Salina, Saline County,
Kansas.
EXCEPT the East 215.22 feet of said Block 1, all lying in the Southwest Quarter of Section 25,
Township 14 South, Range 3 West of the 6th P.M., Saline County, Kansas, more particularly
described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 25; thence South
89 degrees 34 minutes 28 seconds East, along the South line of said Southwest Quarter, a
distance of 87.20 feet to the point of intersection of the East right-of-way line of 9th Street;
thence North 00 degrees 17 minutes 55 seconds East, along the said East right-of-way line of 9th
Street, a distance of 30.00 feet to the Southwest corner of Block 1, Meadowlark Acres Addition
No. 2, and the point of beginning; thence South 89 degrees 34 minutes 28 seconds East, along
the South line of said Block 1, a distance of 281.00 feet; thence North 00 degrees 17 minutes 55
seconds East, parallel to the West line of said Block 1, a distance of 231.79 feet to the North line
of said Block 1; thence South 74 degrees 46 minutes 10 seconds East, along the North line of
said Block 1, a distance of 126.88 feet; thence continuing along the Northerly line of said Block
1 on a tangent curve to the right having a radius of 125.00 feet, the long chord of which bears
South 37 degrees 10 minutes 19 seconds East and a chord length of 152.53 feet, along an arc
length of 164.05 feet; thence South 00 degrees 25 minutes 32 seconds West, along the East line
of said Block 1, a distance of 78.52 feet to the Southeast corner of said Block 1; thence South 89
degrees 34 minutes 28 seconds East, a distance of 50.00 feet; thence North 00 degrees 25
minutes 32 seconds East, parallel to the Easterly line of said Block 1, a distance of 78.52 feet;
thence continuing on a tangent curve to the left having a radius of 175.00 feet, the long chord of
which bears North 37 degrees 10 minutes 19 seconds West a distance of 213.54 feet, along an
arc length of 229.67 feet; thence North 74 degrees 46 minutes 10 seconds West, a distance of
283.18
feet; thence continuing on a tangent curve to the right having a radius of 125.09 feet, the long
chord of which bears North 37 degrees 17 minutes 28 seconds West a distance of 155.22 feet,
along an arc length of 163.64 feet; thence South 89 degrees 29 minutes 29 seconds West, a
distance of 50.01 feet to the West line of said Block 1; thence South 00 degrees 17 minutes 55
seconds West, along the West line of said Block 1, a distance of 439.67 feet to the Southwest
corner of said Block 1 and the point of beginning.
Together with that part of the vacated Century Plaza Drive located within Meadowlark Acres
Addition Number 2, vacated per Ordinance No. 87-9190, a copy of which is recorded in Misc.
Vol. X139, Page 940
-6-
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