Lot 9, Block 4 Permanent Trail and Utility Easement 11111111111111111111111111111111111111111111111111111111111111111111111111111111
REBECCA SEEMAN
.. •:REGISTER OF DEEDS SALINE COUNTY KANSAS
Book:1421 Page: 1479-1481
'z,+„; l/Receipt #: 145451 Recording Fee: $55.00
Pages Recorded: 3e.jj
Date Recorded: 1/27/2023 10:12:51 AM
PERMANENT TRAIL AND UTILITY EASEMENT
This Permanent Trail and Utility Easement is granted this i ' l' lay of So"0°4-'3 , 2023,
by and between MARIO MORENO, a single person, (the "Grantor") and the CITY OF SALINA,
KANSAS, a municipal corporation, (the "City"):
Grant: The Grantor, for good and valuable consideration, conveys to the City, in
perpetuity, a permanent easement (the "Easement") in, on, over, under and through the real estate
legally described and depicted on the attached and incorporated Exhibit A as Tract 1 (the "Real
Estate") for the purposes of:
(A) Trail. Constructing,maintaining,repairing,replacing, and operating a multi-
use, concrete-surfaced trail for use by the public in accordance with City
regulation.
(B) Utilities. Above and below-ground poles, wires, cables, conduit, pipeline,
junction boxes, and any other equipment or facilities utilized for the
purposes of conducting, transmitting, and distributing water, sewage,
electricity, gas, telecommunications, and any other electronic
transmissions by the City, City-authorized franchisees or licensees, or
those otherwise authorized by law to utilize the Utility Easement.
Restoration: After completion of construction, the City shall restore the area of the
Easement as set out in the project plans and specifications. Grantor acknowledges that grading
within the Easement may result in a permanent grade change.
Term: The Easement shall be perpetual.
Ownership: The Grantor covenants that Grantor owns the Real Estate and has the right,
title and capacity to grant the Easement.
Maintenance: The City covenants that it shall be responsible for:
A. Constructing, maintaining, repairing, replacing, and operating (including snow removal)
the multi-use, concrete-surfaced trail to be constructed on the Real Estate; and
B. Maintaining (including mowing) the Real Estate and that portion of the Magnolia Road
right-of-way between the south boundary of the Real Estate and the south curb line of
Magnolia Road.
Binding Effect: The Easement and these acknowledgements, agreements, and covenants
SHALL BE BINDING UPON AND SHALL RUN WITH THE REAL ESTATE.
Bodk: 142110 148"�,
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the
day and year written above.
%14g(O /14>ftN0
Mario Moreno
ACCEPTANCE OF PERMANENT TRAIL AND UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: j _/�`'�
*' e `chrage, City Manager
ATT .
By. .I. / to
'k—
JoVo,••a •.. 'ut a ord, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 3w0...N 2q , 2023, by Mario Moreno,
a single person.
My appointment-expires.--salpteladvizic
Soni Notarytonn
Public
resargpems•prim anv,DN
5 JI2 'ti07.1.0 Printed name: L VI ur1 j i\. Ma•r,,Vcs
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on-January 25, 2023, by Michael D.
Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas.
0 664A°
My appointment expires:
Notary Public ar
NIKKI CODING Printed name: \ 1
y APPc E p e `g
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book 1421 Page: 1481
EXHIBIT A
Tract 1-Point of Beginning
Magnolia Road
Tract 2-Point of Commencement
Existing R/W
North Line of Lot 9 Tract 1
S89'49'307- 115.34 SO 06'49`W
N072 50 E � // // /4lair
10.69 %1\ _\ I..\ '111\ \O\ \i
N006'49 EE
507250"WS895155"W 4.00
4.07 57935'36"W
31.74 84.16 Tract 2
N7955'36"E N89 5155E
32.13 83.78 I
g I Tract 2-Point of Beginning I
Lot 9 Lot 1
Existing R/W Block 4 Block 4
f g - 1-East Line of Ln •
0 20 40 60 80
TRACT 1 SCALE: 1- = 40'
A TRACT OF LAND IN LOT 9, BLOCK 4, KEY ACRES ADDITION (ACCORDED TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE
COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9;
THENCE ON AN ASSUMED BEARING OF SOUTH 89' 49' 30" EAST, ON THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 115.34 FEET TO
THE EAST LINE OF SAID LOT 9;
THENCE SOUTH OD' 06' 49" WEST ON SAID EAST LINE, A DISTANCE OF 4.41 FEET;
THENCE SOUTH 89' 51' 55" WEST, A DISTANCE OF 84.16 FEET;
THENCE SOUTH 79' 35' 36" WEST, A DISTANCE OF 31.74 FEET TO THE WEST LINE OF SAID LOT 9;
THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 10.69 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 633 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 9, BLOCK 4, KEY ACRES ADDITION (ACCORDED TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE
COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9;
THENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50" WEST ON THE WEST LINE OF SAID LOT 9, A DISTANCE OF 10.69 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTH 00' 12' 50" WEST ON THE WEST LINE OF SAID LOT 9, A DISTANCE OF 4.07 FEET;
THENCE NORTH 79'35' 36" EAST, A DISTANCE OF 32.13 FEET;
THENCE NORTH 89'51' 55" EAST, A DISTANCE OF 83.78 FEET TO THE EAST LINE OF SAID LOT 9;
THENCE NORTH 00' 06' 49" EAST ON SAID EAST LINE, A DISTANCE OF 4.00 FEET;
THENCE SOUTH 89'51' 55" WEST, A DISTANCE OF 84.16 FEET;
THENCE SOUTH 79'35' 36" WEST A DISTANCE OF 31.74 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 1911-!, 2022.)
SAID TRACT CONTAINS 464 SQUARE FEET MORE OR LESS.
LS7Z�• 5 z
CITY OF SALINA, 300 W ASH, SAUNA, KANSAS
PUBLIC Ik7RKS-ENGINEERING- UALINS
• ,. EXHIBIT A
CP
Moreno
4•41
112
2021-741 Awe
Nov 2022
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