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Lot 8, Block 1 IIIIIIIIIIIIIIIIIIIIIIIIIII11111 DIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII --_ - REBECCA SEEMAN '• �" •.REGISTER OF DEEDS SALINE COUNTY KANSAS ▪ }.;)Book:1347 Page: 614-617 • -.;yReceipt #: 118910 Recording Fee: $72.00 Pages Recorded: 4 C Date Recorded: 9/ 11/2018 1:50: 10 PM PERMANENT PUBLIC UTILITY EASEMENT This Permanent Public Utility Easement is made this 30 day of AU9U5+ , 2018, by and between HMH of Salina, LLC, a Kansas limited liability company, (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. - x Boolc 1347 Page: 615 1 HMH of Salina, LLC By: (Se.–.., d Frank Norton Managing Member ACCEPTANCE OF PERMANENT PUBLIC UTILITY EASEMENT CITY OF SALINA, KANSA By: ty—_ Karl F. Ryan, Mayor ATTEST: AllisonhirAfri"-- Allison Strait, Dipaptity City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 430 . 2018 by Frank Norton, Managing Member of HMH of Salina, LLC. My appointment expires: /% if rtLEANN M. JOHNSON N. . Public r Notary Public -State of Kansas My Appt.Expires (p lyo l too- Printed Al. JO tens a-t. Printed Name: STATE OF KANSAS, COUNTY OF SALINE, ss: 1 This instrument was acknowledged before me once fetttLr I , 2018, by Karl F. Ryan, as Mayor and Allison Strait as Deputy City Clerk of the Cit .f Salina, Kansas. M appointment expires' /oft/aoi8 if i V, Ltd/ i Plat"4 n CYNTHIA S. WOLFF Notary Public- $, of Kensas I -,- MyAppt.Expires /O-8- Not. i Public �J a01$ Printed Name0uth\Q� S. LW I�'t' [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book 1347 Page: 616 EXHIBIT A LOT 8, BLOCK 1, HIGHLAND MEADOWS HAMLET WOODLANDS ADDITION EASEMENT DESCRIPTION: A STRIP OF LAND OVER LOT 8, BLOCK 1, HIGHLAND MEADOWS HAMLET WOODLANDS ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS, SAID STRIP BEING 20 FEET IN WIDTH AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE ON THE EAST LINE OF SAID LOT 8, S 22'49'50" E A DISTANCE OF 147.67 FEET TO THE SOUTHEAST CORNER OF SAID LOT 8; THENCE ON THE SOUTH LINE OF SAID LOT 8, S 56'33'55" W A DISTANCE OF 20.35 FEET; THENCE N 22'49'50" W A DISTANCE OF 152.41 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8; THENCE ON SAID NORTH LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 20.04 FEET, AND WHOSE CHORD BEARS N 70'01'20" E A DISTANCE OF 20.02 FEET TO THE POINT OF co BEGINNING. CONTAINS 2,997 SQUARE FEET, MORE OR LESS. a m N. m 0 Ni PI OI a CO X w rn 0 w ,,\\\\1111111/-fp � C ft �•IGEN-et ii'i N -it 3%LD1aols,`",o: G = LS-1201 Ui o • �€ • 4NSp; SA 42 DUKA LL AVENUE S 7401 ,,''���/S(I R 0�`,,`\ O PH. (785) 823-3400 I FAX (785) 823-3411 so@kveng.com I www.kveng.com ® KAW VALLEY ENGINEERING E1701919 MARCH 9, 2018 1919EXBA TDA Book 1347 Page: 617 EXHIBIT B LOT 8, BLOCK 1, HIGHLAND MEADOWS HAMLET WOODLANDS ADDITION -S� S \c BEI- S o stt o LANE Ri`N T POINT OF 'n (PRIVA� 'MEET• EASEMENT) BEGINNING DRAINAGE/UTILITY NE COR, LOT 8, - N \ BLOCK 1 L=77.88 R=180.00' \ 25' BUILDING CB=N 85'36623 E SETBACK CD=77.28 1e �� LOT 9, BLOCK 1 L=20.04' \ \tar3 R=180.00' 2N CB=N 70'01'20" E a \s CD=20.02' a\ o, co:\ \i.i. `o LOT 8, BLOCK 1 a - FUTURE SANITARY � \61 SEWER LOCATION 02_, \ n m a !.. \ r, P PROPOSED \ Q 20' EASEMENT a- N r S 56'33'55" W di 20.35' yr COIll w al S ...'' \t‘ i ix > SCALE: 1"=30' S��� 61 PR�A D , 5 119 04 c,' E� N �J w G 8 0 -' J 742 DUVALL AVENUE 5 SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 ii soCkveng.com I www.kveng.com ® KAW VALLEY ENGINEERING E17D1919 MARCH 9, 2018 1919EXBA TDA