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REBECCA SEEMAN ~--"-"~.,., SALINE COUNTY KANSAS /'.'.~.~····'·o-~_;'.>,REGISTER OF DEEDS 063-1066 ,~, , .. ,,, •... ,i. k 1399 Page· 1 \:;· ·•' · l.)800 : ·..:.:~d-~g-=Fe-e-·-=$72 oo .;,,:·{:'.~.:~·:/Receipt#: 1369542 G rJ Recor in • • 0
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Date Recorded: 8/26/20211:11:30 PM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this //nfaay of /fuc,u;r , 2021 , by and
between MAGNOLIA HILLS, IN CORPORA TED, 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 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.
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.
Boole 1399 Page: 1064
RPORATED
By:
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: H ttM?h~0tv{
ACKNOWLEDGEMENTS
STA TE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ~wJk I ( , 2021 . by Kelly R.
Dunn, President of Magnolia Hills, Incorporated.
My appointment expires: 6-1) :lS-
Printed Name:Jf.e.fu.n1 t Q_fuaod W{u\
STA TE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on IJ-u fus.f /.f;_, 2021, by Melissa
Rose Hodges as Mayor and JoVonna A. Rutherford, as City Cler of the Cit of Salina, Kansas.
ASHLEY RUSSELL
My Appointment ExpireS
AugUSt 30, 2022
NotaryPubr
Printed Name: A1'i~ ~Y
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
EXHIBIT A A PORTION OF lHE SE 1/4, SEC. 29, T-14-S, R-2-W SALINE COUNTY, KANSAS UTILITY EASEMENT QESCRIPTION: A STRIP OF LAND OVER A PORTION Of lHE SOUTHEAST QUARTER, SECTION 29, TO'MllSHIP 14 SOUTH, RANGE 2 YEST Of 1HE 6TH PRINCIPAL MERIDIAN, COUNTY Of SALINE, STATE OF KANSAS, SAID STRIP BEING 20 FEET WIDE LYING 10 FEET ON BOTH SIDES OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORll-lEAST CORNER Of MAGNOLIA HILLS ADDITION; 1HENCE N 59·25•55• E A DISTANCE OF 239.90 FEET, lHENCE N 00"03'40• E A DISTANCE Of 30.00 FEET TO A POINT ON THE NORlli LINE Of A 30 FOOT UTILITY EASEMENT, RECORDED IN THE OFFlCE OF THE SALINE COUNTY REGISTER OF DEEDS IN MISCELLANEOUS BOOK 153, PAGE 639, SAID POINT BEING THE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE CONTINUING N 00"03°40• E A DISTANCE OF 7.23 FEET: THENCE N 77'30'12• W A DISTANCE Of 120.76 FEET; 11-lENCE N 11·37•19• W A DISTANCE Of 350.00 FEET; THENCE N 62"58'40• W A DISTANCE OF 198.61 FEET; THENCE N 77"58'34• W A DISTANCE OF 226.29 FEET; THENCE N 10·39•55" W A DISTANCE OF 191.54 FEET TO A POINT ON THE EASTERLY LINE OF MAGNOLIA HILLS ESTATES ADDITION NO. 2, SAID POINT BEING THE POINT OF TERMINUS. THE SIDWNES OF THE ABOVE DESCRIBED STRIP Of LAND SHALL BE EXTENDED ANO SHORTENED TO TERMINATE AT SAID 30 FOOT UTILITY EASEMENT ANO SAID EASTERLY LINE OF MAGNOLIA HILLS ESTATES ADDITION NO. 2. ENO OF DESCRIPTION. 742 OUVALL A~UE SAUNA. KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 saCl<veng.com I www.kveng.com T KAW VAU.EY ENGINEERING ~ ,, ...... ,,, ,,, rt~Y J~,, ''-"'O ··········· . ,, ,, ~.··· ' ~i!/ . -:. ~ ~· ' ~.--::. : f c... = -: 4 : -. . -- : : tr-:~\ /~ 1 "? • t '7 / 0: ":..1!: \£>'-.AT ··t:-.~ ":. q.., ·····.~NS,.!.····~ ,, ,, ~~ ........... '!il~,, ,,, &JONAL ~,,, '''''""' TIMOTHY J. HART KANSAS PS NO. 1664 hartOl<veng.com E19S1948 JUNE 27, 2019 1948EXB_ SS-2 1 OF 2 TOA I i ' m
...1 ~ POINT OF TERMINUS ~)/J_·~-. . ·---..:: ~~~ .... iU ·~1.~~-~ v~ ~ \_ MAGNOU\~'-'#ON NO. 2 ESTATES EXHIBIT B A PORTION OF THE SE 1/4, SEC. 29, T-14-S, R-2-W, SALINE COUNTY, KANSAS POINT OF COMMENCEMENT NE COR MAGNOLIA HILLS ADDITION 3o'UnUTYEASEMENT t \ s ------SCALE: 1" = 100' N n·30•12" W 120.1s· N 00-03• 40" E 7.23' '" O'> ....... O'> Zw WC,!) ::I!<{ l;l a. < -wv " o-<~ Oo cro om POINT OF '°~ BEGINNING ~ ~= s ==t t 742 DUVAU... A'telUE MISC BOOK 153, PAGE 639 SAUNA, KANSAS 67401 PH. (785) 823-3400 I FAX (785) 823-3411 saO<veng.com I -w.kveng.com ·-N a9·25•55• E 239.90' -· N 00·03• 40" E 30.00' T KAW VALLEY ENGINEERING ----E19S1948 JUNE 27, 2019 1948EXB_ SS-2 2 OF 2 7DA ' • i i ,