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Lot 171 • r , 11111111111111111HH311III11111111111111111111II1lllIt 111111I11ll1 REBECCA SEEMAN :.?.. REGISTER OF DEEDS SALINE COUNTY KANSAS iBook:1342 Page: 767-770 Receipt #: 116831 Recording Fee: $72.00 Pages Recorded: 4 G Date Recorded: 5/ 14/2018 3:55:53 PM • PERMANENT SANITARY SEVER UTILITY EASEMENT r7 This Permanent Sanitary Sewer Utility Easement ("Easement") is made this / day of May, 2018, by Lighthouse Properties III. Inc., a Kansas Corporation ("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 rants and conveys to the City a permanent sanitary sewer line utility easement (the "Easement"), in, on, over a tract of real estate legally described and depicted on the attached and incorporated Exhibit A (the "Easement Area"), for the purpose of accessing, locating, constructing, excavating and maintaining a sanitary sewer pipeline in the Easement area ("Facilities"). 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 does 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 Section 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: 1342 Page: 768 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: Shandi Wicks, CMC, City Clerk P.O. Box 736 Salina, KS 67402-0736 OWNER: Lighthouse Properties III, Inc. Attn: Guy Walker, Vice President Real Estate Development • 500 Graves Boulevard Salina, KS 67401 guv of bluebeacon.com 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. IN WITNESS WHEREOF. Grantor has executed this Easement effective as of the day and year written above. LIGHTHOUSE PROPERTIES III, INC. By: D Flat— Name: Guy D. Walker Title: Vice President Real Estate Development STATE OF KANSAS SS COUNTY OF SALINE 7 This instrument was acknowledged before me on /May .2018, by Guy D. Walker, Vice President of Lighthouse Properties III, Inc. C C�1'Cyt t/v N tart' Public rr JJ EgoANDRA KAY ERDNER n r a Kay �r 1.1e N th Notary Pale;Stabs d yaws Printed Name, Notafy Public WA*Expiret - s1 _ Book 1342 Page: 769 ACCEPTANCE OF PUBLIC UTILITY EASEMENT CITY OF SALINAA, KANSAS By: `vwl.A T c,_ Karl F. Ryan, Mayor ATTEST: I'�� ���`" By: 114a)Ac i HJt..l e Shand Wicks, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on May 1 , 2018 by Karl F. Ryan, Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City Clerk for the City of Salina, Kansas. ALLISON STRAIT ,"^NVublic Notary Public JO Notary Public• State of Kansas A'\i'O0 shApc My Appt. Expires 10.25 20 Printed Name, Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(I3)] • Book 1342 Page: 770 Exhibit A The South 20.00 feet of the North Half of Lot 171 on 5th Street, in the Original Town of Salina, Saline County, Kansas. Mulberry Street HRICHT_OF_WAY LOT 169 North Line of Lot 171 1-r) 'is- - i South Line of the North Half � Q South Line of Lot 171-\ —1 CITY OF SAUNA .300 W AS% SAUNA, KANSAS PUBLIC *WKS— ENGINEERING— UIILINES o 10 20 30 40 EXHIBIT A cl3 Utility Easement Lot 171 — 5th Street - .1 . SCALE: 1' - 20• AY 7018 ra.at ..m..r...=.., in e.