Lot 1, Block 3 Permanent Public Access Easement I1111101111111111III If I III 1111 11111 II III 1111 111 111 0111 11111111111011111IIII IIII
;, REBECCA SEEMAN
,,,^.,.,,REGISTER OF DEEDS SALINE COUNTY KANSAS
;?Book:1424 Page: 1955-1957
.*: : Receipt #: 147014 Recording Fee: $55.00
The Mid- Kansas Title Co. Inc. "~" Pages Recorded: 3 C/Ai
217 N. Santa Fe Avenue
Salina, KS 67401 Date Recorded: 5/9/2023 2:56:46 PM
785-823-3759
PERMANENT PUBLIC ACCESS EASEMENT
This Permanent Public Access Easement, made this day of Apr./ , 2023, by and
between, MAJ Properties, LLC & Jeffrey T. Koksal, LLC, Kansas Limited Liability Companies, Kansas
Limited Liability Companies, ("Grantors")gift and grant to the CITY OF SALINA, KANSAS,a Kansas
municipal corporation("Grantee"):
RECITALS:
A. Grantee is pursuing what is commonly known as the Smoky Hill River Renewal Project
and has need for the acquisition of a permanent access easement between Westchester Drive and the
Smoky Hill River channel and related improvements and amenities.
B. Grantors own the following described real estate (the"Real Estate'):
A TRACT OF LAND LOCATED IN LOT 1, BLOCK 3, RIVERDALE ADDITION, CITY OF
SALINA, SALINE COUNTY, KANSAS, WHICH IS MORE PARTICULARLY DESCRIBED
BELOW
GRANT: The Grantors gift and convey to Grantee a permanent public access easement giving the
right of access, ingress, and egress over and across the following described tract located within the Real
Estate as depicted as Tract 2 on the attached and incorporated Exhibit A(the"Easement"):
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1;
THNECE ON AN ASSUMED BEARING OF SOUTH 00°30'I I" EAST ON THE WEST LINE
OF SAID LOT 1,A DISTANCE OF 417.39 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 44°38'44" EAST,A DISTANCE OF 182.64 FEET TO THE EAST LINE OF
A TRACT OF LAND DESCRIBED IN A DEED THAT IS RECORDED IN THE SALINE
COUNTY REGISTER OF DEEDS BOOK 333,PAGE 300
THENCE NORTH 00°22'56"EAST ON SAID EAST LINE,A DISTANCE OF 15.30 FEET;
THENCE SOUTH 44°26'05" WEST, A DISTANCE OF 183.65 FEET TO THE WEST LINE
OF SAID LOT 1;
THENCE SOUTH 00°30'11" EAST, A DISTANCE OF 14.11 FEET TO THE POINT OF
BEGINNING. (SAID DESCRIPTION WIRTTEN BY JOHN F. HARVEY, PROFESSIONAL
SURVEYOR LICENCE NUMBER 1426,ON JANUARY 21ST,2022.)
SAID TRACT CONTAINS 1890 SQUARE FEET MORE OR LESS.
to have and to hold the same forever,together with all rights and appurtenances thereto, in order that(a)the
general public and (b) Grantee's employees, agents, contractors, subcontractors, licensees, and any other
persons authorized by the Grantee shall have pedestrian and vehicular access and circulation,as regulated by
the City,to and from the Smoky Hill River channel and related improvements and amenities.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantors covenant that they own the Real Estate and have the right, title, and
capacity to grant the Easement.
Back 1424 Page: 1956
IMPROVEMENTS: Grantors warrant that they shall not build, erect, maintain or permit any
structure, improvement or obstacle on that portion of the Real Estate subject to the Easement that blocks,
impedes or otherwise interferes with Grantee's rights under the Easement as reasonably determined by
Grantee. Grantee, in its sole discretion, shall have full right to eliminate, remove or abate such obstacle at
Grantor's sole expense.
SURFACING AND MAINTENANCE: Grantee shall be responsible for (a) constructing a
passageway within the Easement of such material and of such width and depth as Grantee determines and
potentially modifies from time to time, at Grantee's sole discretion, and (b) maintaining the surfaced
passageway and any other related improvements Grantee may construct within the Easement to no lesser
standards than its customary surfacing and maintenance standards for public recreational trails and related
improvements. Grantors shall be responsible for maintaining and mowing the unsurfaced and
unimproved areas within the Easement to no lesser standard than its customary maintenance and mowing
of the Real Estate.
SURFACE GRADE: Grantors shall neither alter nor permit others to alter the surface grade of
the Real Estate without the prior written approval of the City.
RECORDING AND BINDING EFFECT: This instrument shall be recorded with the Saline
County Register of Deeds. The Easement shall be binding upon and shall run with the Real Estate.
DATED this Il day of �i 2023.
MAJ PROPERTIES,LLC JEFFREY T.KO) SAL,LLC
/ /r
By: By: ��
Melinda A.Jett,Me er / 'rey T.Koksal,Member
-2-
. [ BOOIc 1,424 Paye: 1957
ACCEPTANCE OF PERMANENT PUBLIC ACCESS EASEMENT
On behalf of the City, its officers, directors, and employees, the undersigned duly authorized
representative of the City accepts this deed.
CITY OF SAUNA NSAS
i,
By: Aerg/Ali,
Mi. ae'i:1'rage,City Manager
ATTEST:
By- 4t4te1
JoVo '9 . u erford,City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS,COUNTY OF SALINE,ss:
This instrument was acknowledged before me on Apti I C 2023, by Melinda A. Jett as
Member of MAJ Properties,LLC,a Kansas Limited Liability Compa .
My appointment expires:: ii -
I STINA HOMELVIG I
NOTARYPUgUC i Notary Public .
..is+. t - • *Apo. al, I &h'Y'o'LkieJJWJPrinted name:
STATE OF KANSAS,COUNTY OF SALINE,ss:
This instrument was acknowledged before me onA f ,2023, by Jeffrey T. Koksal,as
Member of Jeffrey T.Koksal,LLC,a Kansas Limited Liabilit Company.
My appointment xTires• eitiabo- ��/1�C;
jaCHRIS GILLESPIE Notary Public /
Notary Public-State of Kansas
My Appt.Expires py_/$.� Printed name: "/5 ii//,pS pi e
STATE OF KANSAS,COUNTY OF SALINE,ss:
This instrument was acknowledged before me on A Y' I 25, 2023, by Michael D.
Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina,Kansas.
I
My appointment expires: CAI I 4111111i. A
Notary Public
NIKKI GODIfIG
!' Notary Public-HStat of Kansas Printed name: N l 4.1 Ina
MyAppt Expires /Sty_
2
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(4)]
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