Lot 1, Block 4 Permanent Trail and Utility Easement IIIIIIIII1111II!Ili IIIIIl111111111111111Mit IIIII1111111111I 111 III IIII1111
REBECCA SEEMAN
/s„...,.., �'�;REGISTER OF DEEDS SALINE COUNTY KANSAS
;!Book:1421 Page: 1467-1469
Receipt #: 145447 Recording Fee: $55.00
Pages Recorded: 3 C
Date Recorded: 1/27/2023 9:23:07 AM
PERMANENT TRAIL AND UTILITY EASEMENT
This Permanent Trail and Utility Easement is granted this oZO day of 34•+Jae., ,
2023, by and between by and between MARK D. SMITH and BRENDA L. SMITH, husband
and wife, (the "Grantors") and the CITY OF SALINA, KANSAS, a municipal corporation, (the
"City"):
Grant: The Grantors, for good and valuable consideration, convey 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. Grantors acknowledge that grading
within the Easement may result in a permanent grade change.
Term: The Easement shall be perpetual.
Ownership: The Grantors covenant that they own the Real Estate and have 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.
Book 1421 Page: 1468
IN WITNESS WHEREOF, the Grantors have caused this instrument to be executed the
day and year written above.
70 // i' 11- , ,
iii21. --t, ---____., / ),1( :>4
Mark D. Smith Brenda L. Smith c
ACCEPTANCE OF PERMANENT TRAIL AND UTLITY EASEMENT
CITY OF SALINA, KA1.AS
i
By: _rfdpeca
Mi' ael D.'rage, City Manager
ATTEST
By: iiift`
r
toa �:" _
.•on►. •(Ru • - ord, City C erk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 30,,,,4,-ti 2.0 , 2023, by Mark D. Smith
and Brenda L. Smith, husband and wife.
NOTARY YUDb MORALS Jai
My appointment expires: -State of Una*
isiii LII�AN , �1 u'
• i . is
Printed name: Lilian Nt. Ntorr.'eS
STATE OF KANSAS, COUNTY OF SALINE,ss:
This instrument was acknowledged before me onTanuary 20, 2023, by Michael D.
Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas.
My appointment expires: 'rig/2(r, Ln,_Ot USLen
Notary Public
Printed name: ,kk
Nl odi n3
NIKKI GODING ..JJ
JO Notary Public-State•
,,Co
• Kansas
My Appt.Expires
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
EXHIBIT A Book 1421 Payer: 1469
Magnolia Road Tract 1—Point of Beginning
Tract 2—Point of Commencement
Tract 1
Existing R/W
North Line of Lot 1
�� NO'06'49 E S073 52"W
ill S89 49'30 E 115.34 3.78
A /r// // / / # Ar Tract 2—Point
` _y\\\ _\ \_\ \_ 1` \_ \ \ of Beginning
SOn6 49"W N02352E
4.00I 5895155"W 4.00
roct 8 11.5.33
N895155 E
I
115.31 I
I I I Lot 1 I
Block 4
I Lot 9 West Line of Lot 1m
Block 4 - o
I I —_Ex1sting RA/ a
East Line of Lot 1 e
I o
0 20 40 60 80
=Min= MiniMMI
immiN =mum
SCALE: 1" = 40'
TRACT 1
A TRACT OF LAND IN LOT 1, 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 NORTHEAST CORNER OF SAID LOT 1;
THENCE OF AN ASSUMED BEARING OF SOUTH 00' 23' 52" WEST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 3.78 FEET;
THENCE SOUTH 89' 51' 55" WEST, A DISTANCE OF 115.33 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE NORTH 00' 06' 49" EAST ON SAID WEST LINE, A DISTANCE OF 4.41 FEET TO 7HE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 89' 49' 30" EAST, A DISTANCE OF 115.34 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 472 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 1, BLOCK 4, KEY ACRES ADDI770N (ACCORDED TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE
COUNTY KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9;
THENCE ON AN ASSUMED BEARING OF SOUTH 00'23' 52" WEST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 378 FEET TO THE
POINT OF BEGINNING;
THENCE SOUTH 89'51' 55" WEST A DISTANCE OF 115.33 FEET TO THE WEST LINE OF SAID LOT 1:;
THENCE SOUTH 00' 06' 49" WEST ON SAID WEST LINE, A DISTANCE OF 4.00 FEET;
THENCE NORTH 89' 51' 55" EAST A DISTANCE OF 115.31 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE NORTH 00'23' 52" EAST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 461 SQUARE FEET MORE OR LESS.
(WOONft114
LS-I436
I•Zo•202
CITY OF SALINA, J00 W ASH, SALINA, KANSAS
f.`. �vy' PUBLIC WORKS- ENGINEERING- UTILITIES
;� EXHIBIT A
5,-).
�/+P Smith
55. MO,MO ac srte
2021-741 Nov 2022 1
nn."c..-.......I.awl i h. £1a I-'.1"