Lot 1, Bloxk 3 Permanent Trail and Utility Easement -
1 iiia 1111 IIIIIIII11111 11111111111111 11 111111111 111111111111
REBECCA SEEMAN
rs*--�`+��REGISTER OF DEEDS SALINE COUNTY KANSAS
`•t.,.,,' 11-13
;.e<i.".:;•;Book:1422 Page:
1 ;.'Receipt #: 145578 Recording Fee: $55.00
Pages Recorded: 3 ejj
Date Recorded: 2/3/2023 3:54:18 PM
PERMANENT TRAIL AND UTILITY EASEMENT
This Permanent Trail and Utility Easement is granted this 2. day of ZAUa.cs , 2023,
by and between KENNETH E. POST AND PAMELA A. POST, 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.
Boolc 1422 Page: 12
IN WITNESS WHEREOF, the Grantors have caused this instrument to be executed the
day and year written above.
1)A44,.44 PE,id---- _Pd...Z., a --- --i -4.
Kennet E. Post Pamela A. Post
ACCEPTANCE OF PERMANENT TRAIL AND UTILITY EASEMENT
CITY OF SALINA, • NSAS
By: ��//�
M. hael . chrage, City Manager
ATT.' :
I4 All&OV i
JoVor• 'utherford, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on .,iitin , 7 , 2023, by Kenneth E. Post
and Pamela A. Post, husband and wife.
My appointment S DAN
Notary Public-StateSTACK Kansas of
My Appt Expires December:3,2025 Notary Public `
Printed name: ball cl rc .
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on February 15` , 2023, by Michael D.
Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas.
My appointment expires: 71'3
1 t , IS Al
Notary Public � kk � ^
Printed name: 1 1 �I 1 Y-9
NIKKI GODING U
jo Notary Public G.
State of Kansas
My Appt Expires
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book 1422 Page: 13
EXHIBIT A
Point of Beginning-Tract 1
Magnolia Road Point of Commencement-Tract 2
Existing R/W-i
North Line of Lot 1 N89'54'39-£
5072 50'W I 89.33 N072'50'5
4.75 N89 47'10"W 115.16 9.95
_ '%/%///.UAle Point of
/�— I I P I=.01MeICKVV8� 9 �� � I�Voj1111 Beginning
gti gio
N072'50
4.00 I Tract 1 5072'50''W
Tract2 ff 4.10
I Lot 12, I Lot 1, S972351 E
2 .45
Block 3 West Line of— Block 3 N7723'51141 -4--
Lot
�Lot 1 26.¢8 0.1
Existing R/W
0 20 40 so ao �— --.East-Line of Lot 1 Io
1J
SCALE: 1' = 40'
TRACT 1
A TRACT OF LAND IN LOT 1, BLOCK 3, KEY ACRES ADD/TION (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SAUNA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1;
THENCE ON AN ASSUMED BEARING OF NORTH 89' 47' 10' WEST ON THE NORTH UNE OF SAID LOT 1,
A DISTANCE OF 11516 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00' 12' 50'
WEST ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 4.75 FEET; THENCE NORTH 89' 54' 39'
EAST, A DISTANCE OF 89.33 FEET; THENCE SOUTH 77 23' 51' EAST, A DISTANCE OF 26.45 FEET TO
THE EAST LINE OF SAID LOT 1; THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 9.95 fta 1 TO THE
POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S 1426 ON JULY 197H, 2022.)
SAID TRACT CONTAINS 587 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 1, BLOCK 3, KEY ACRES ADD/170N (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SAUNA, SALINE COUNTY, KANSAS AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1;
]HENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50' EAST ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 9.95 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00' 12' 50' WEST CW SAID
EAST LINE, A DISTANCE OF 4.10 FEET; ]HENCE NORTH 77' 23' 51' WEST, A DISTANCE OF 26.88 FEET;
774ENCE SOUTH 89' 54' 391 WEST, A DISTANCE OF 88.90 FEET TO THE WEST UNE OF SAID LOT 1;
THENCE NORTH 00' 12' 50' EAST ON SAID WEST LINE, A DISTANCE OF 4.00 FEET; THENCE NORTH 89'
54' 391 EAST, A DISTANCE OF 89.33 FEET; THENCE SOUTH 77 23' 51' EAST, A DISTANCE OF 26.45
I-LL/ TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY AS 1426 ON DULY 1977-1, 2022.)
SAID TRACT CONTAINS 463 SQUARE FEET MORE OR LESS
,Q• ta� NgR
•� �� CITY OF SALINA, 300 W ASH, SAUNA, KANSAS
PUBLIC WORKS- ENGINEERING - UTILITIES
LS-142° L.
6 EXHIBIT A
—•3 Post
Feb 2023 sax
55 '