Warrenty Deed
Land Title Services, Inc.
P.O. Box 922
Salina, KS 67402-0922 '¡;" ,~
';,. ()". GOflnty Clerk
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KANSAS CORPORATION WARRANTY DEElY',:""'>".,. "
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REBtCCA Sf:ÐIAN
Rt61STER IF DŒOS Co N
SLINE ~TY KANSAS
Book: 1~96 Page: 724
Receipt I: ~1 Total Fees: $~4.~
Pages Recorded: 5
Date Recorded: 1/13/ê005 3:45:14 PM
Reserved for Register of Deeds "
Entered In Transfer R~f<Ql~jf~ 'mJ' off~e, i~!sm
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Upon recordation, this
instrument is to be returned to:
On this '2*,day of January, 2005, DK, Inc., a Kansas corporation with its principal place of business
at Salina, Saline County, Kansas, conveys and warrants to the City of Salina, Kansas, a municipal
corporation, (the "City") that certain portion of land owned by DK, Inc., as legally described on the
attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and
incorporated as Exhibit B (the "Real Estate").
Subject, however, to easements and restrictions of record, if any.
DK, Inc. and the City acknowledge (1) that the City is acquiring the Real Estate in conjunction
with the North Ohio Street Railroad Grade Separation Project for the primary purpose of providing for the
construction and railroad use of new spur tracks connecting the Union Pacific mainline to the Scoular
Elevator spur and sidings (the "Railroad Use") and (2) that upon conveyance of title to the Real Estate, DK,
Inc. shall remain in ownership of a tract legally described on the attached and incorporated Exhibit C (the
"Remaining Tract").
The City covenants that its use of the Real Estate for purposes other than the Railroad Use shall not
include:
(1)
(2)
The storage, treatment, or disposal of sewage!;
The storage, treatment, or disposal of wastewater2, including the application of sewage
sludge3 (also referred to as "biosolids");
The storage, treatment, or disposal of solid waste 4, other than as a:
(3)
(a)
(b)
(c)
(d)
household hazardous waste facility;
yard-waste6 storage, processing and compo sting facility?;
tree and limb storage, processing, and chipping facility; or
cut or chipped wood and compost distribution facility;
all of which, to the extent operated by or on behalf of the City, shall be operated without
open burning8 and in compliance with all applicable law;
or
(4)
Any use which interferes with the use, enjoyment, access to, or quiet peaceable possession
of the Remaining Tract.
Book: 1096 Page: 725
This covenant shall be binding upon and run with the Real Estate until released or modified in
writing by DK, Inc., or its successors or assigns in ownership of the Remaining Tract.
lK.S.A 65-164(b).
2Salina Code Sec. 41-110(69).
340 CFR 503.9(w).
4
K.S.A. 65-3402(a).
5
K.S.A. 65-3402(z).
6
K.A.R. 28-29-3(gg).
7K.S.A. 65-3402(y).
8K.A.R. 28-29-3(v).
D~ ffii{'d2 ^
By: ", ~/' --<.-rQ"""y
Do P. Diedench, PresIdent
By:
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,.;." ~ .o.""--""':;.IV A) '-:,
fðl" NOTARY ,\0\
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This instrument was acknowledged before me on this ~ay of January, 2005, by Do~Ï):'öl~~rich,
President of and on behalf ofDK, Inc.
STATE OF KANSAS
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)
COUNTY OF SALINE
~~/~~
Notary Pubhc /' # /'
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
This instrument was acknowledged before me on this ø.+¥'day of January, 2005, by Monte D.
Shadwick, Mayor, and Lieu Ann Elsey, City Clerk, of and on behalf of the City of Salina, Kansas.
A. KELLY A. FABRIZIUS
- Not8ryPublic-StateofKansal
M " t. Ex irel June 9. 2008
j¡Df)..~Å..~
Notary Pu lic
.
.
1096 Page:
726
EXHIBIT B
/8
FEE SIMPLE
TITLE
OWNER: D.K.. Inc.
SALINA. KS 61401
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/' /' /' /' 7.535 m (24.72')
/' /' .// /9,528 m (64.0n
//' /'/' // / /8.40/ m (27.56'~
/' j(;/..~. / 9.208 m (30.2/)
/' / R/W / /18.409 m (6(}.40')
/ ~r/ / ///47.49/ m
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g t \ \ 25,229 m (82.77'1
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Tract in si'2 Soc. 6 T/4S R2N
30,026 m (98,5/')
24.226 m (79.48')
13,390 m (43,93')
5EE FAGE
"This does not constitute a
legal survey. drawing is for
informational purposes only.'
Scale: 1:2500
LEGAL DESCRIPTION:
Book:
1096 Page: 727
EXHffiIT A
LEGAL DESCRIPTION
A fee simple interest in a tract of land in Lee Industrial Park, according to the plat thereof recorded
in the office of the Register of Deeds of Saline County, Kansas, on April 1, 1964, in Book A-3 of
Plats at Page 36, lying South and West of the City of Salina Flood Control right of way, situated in
the South Half (S/2) of the Southeast Quarter (SE/4) of Section Six (6), Township Fourteen (14)
South, Range Two (2) West of the 6th P.M. in Saline County, Kansas, and more particularly
described as follows:
Beginning at the Southeast corner of said Southeast Quarter;
Thence Northerly along the East line of said Southeast Quarter, on an assumed bearing ofN
00°15'01" W, a distance of 897.59 feet;
Thence S 89°44'59" W, along the South line of said Flood Control right of way line, a distance of
233.28 feet;
Thence N 24°24'23" W, along said right of way line, a distance of 305.81 feet to a point on the
existing southerly Union Pacific Railroad right of way line;
Thence S 68°20'28" W, along said right of way line, a distance of872.12 feet;
Thence Southeasterly along a 658.16-foot radius non-tangent curve to the right, an arc length of
827.82 feet and having a chord which bears S 34°37'32" E, a distance of 774.32 feet;
Thence S 01°24'26" W, a distance of98.51 feet;
Thence S 07°46'01" W, a distance of 123.41 feet to a point on South line of said Southeast Quarter;
Thence N 89°38'14" E, along said South line, a distance of753.25 feet to the POINT OF
BEGINNING.
Said tract contains 19.87 acres, more or less, including existing road right of way.
AND
A fee simple interest in a tract of land in Lee Industrial Park, according to the plat thereof recorded
in the office of the Register of Deeds of Saline County, Kansas, on April 1, 1964, in Book A-3 of
Plats at Page 36, lying South and West of the City of Salina Flood Control right of way, situated in
the South Half (S/2) of the Southeast Quarter (SE/4) of Section Six (6), Township Fourteen (14)
South, Range Two (2) West of the 6th P.M. in Saline County, Kansas, and more particularly
described as follows:
Commencing at the Southeast corner of said Southeast Quarter;
Thence Northerly along the East line of said Southeast Quarter, on an assumed bearing ofN
00°15'01" W, a distance of897.59 feet;
Thence S 89°44'59" W, along the South line of said Flood Control right of way line, a distance of
233.28 feet;
Thence N 24°24'23" W, along said right of way line, a distance of305.81 feet to a point on the
existing southerly Union Pacific Railroad right of way line;
Thence S 68°20'28" W, along said right of way line, a distance of 1027.93 feet;
Thence N 00°13'46" W, along said right of way line, a distance of90.61 feet to the Point of
Beginning;
Thence N 00°13'46" W, along said right of way line, a distance of27.56 feet;
Thence S 68°20'28" W, along said right of way line, a distance of 64.07 feet;
Thence Southeasterly along a 658.16-foot radius non-tangent curve to the right, an arc length of
59.81 feet and having a chord which bears S 86°15'06" E, a distance of59.79 feet to the POINT
OF BEGINNING;
Said tract contains 0.02 acres, (794 square feet), more or less.
t4.~
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Book:
1096 Page: 728
EXHmIT C
LEGAL DESCRIPTION OF "REMAINING TRACT"
A tract of land in Lee Industrial Park, according to the plat thereof recorded in the office of the Register
of Deeds of Saline County, Kansas, on April 1, 1964, in Book A-3 of Plats at Page 36, lying South and
West of the City of Salina Flood Control right of way, situated in the South Half (S/2) of the Southeast
Quarter (SE/4) of Section Six (6), Township Fourteen (14) South, Range Two (2) West of the 6th P.M. in
Saline County, Kansas, and more particularly described as follows
Beginning at a point on the south line, 753.25 feet west of the Southeast comer of said Southeast Quarter,
said south line having an assumed bearing ofS 89°38'14" W;
Thence N 07°46'01" E, a distance of 123.41 feet;
Thence N 01 °24'26" E, a distance of98.51 feet;
Thence Northwesterly along a 658. 16-foot radius curve to the left, an arc distance of 827.82 feet and
having a chord which bears N 34°37'32" W, a distance of 774.32 feet to a point on the existing southerly
Union Pacific Railroad right of way line;
Thence S 68°20'28" W, along said right of way line, a distance of 155.81 feet;
Thence N 00°13'46" W, along said right of way line, a distance of90.61 feet;
Thence Northwesterly along a 658.16-foot radius curve to the left, an arc distance of59.81 feet and
having a chord which bears N 86°15'06" W, a distance of 59.79 feet to a point on said railroad right of
way line;
Thence S 68°20'28" W, along said right of way line, a distance of24.72 feet to a point on the west line of
said Lee Industrial Park;
Thence S 00°13'46" E, along said west line extended, a distance of 889.92 feet to a point on the South
line of said Southeast Quarter;
Thence N 89°38'14" E, along said south line, a distance of645.13 feet to the POINT OF BEGINNING.
Said tract contains 11.39 acres, more or less.