Lot 4, Block 1 (Magnolia Hike Bike Trail) 111111 IIII VIII III II I III IIID IIID VIII 1101111110111111111111 I I II
-�,•. MICHELLE NEWELL
11`,,.;:%."..".:,4;;`'.., ,REGISTER OF DEEDS SALINE COUNTY KANSAS
V;°;a; ;;Book:1445 Page: 1598-1601
N" /.Z Receipt #: 155078 Recording Fee: $72.00
Pages Recorded:
Date Recorded: 11/7/2024 2:20:38 PM
PERMANENT PUBLIC ACCESS EASEMENT
This Permanent Public Access Easement, made this 22' day of October, 2024, by and between,
CENTRAL MALL REALTY HOLDING, LLC, a Kansas limited liability company ("Grantor") grants
and conveys to the CITY OF SALINA,KANSAS, a Kansas municipal corporation("Grantee"):
RECITALS:
A. Grantee is pursuing what is commonly known as the Magnolia Hike and Bike Trail
Project and has need for the acquisition of a permanent access easement in the southeast corner of Lot 4,
Block 1, of the Central Mall Subdivision, to the City of Salina, Saline County, Kansas and related
improvements and amenities.
B. Grantor owns the following described real estate(the"Real Estate'):
LOT 4, BLOCK 1, OF THE CHAPEL RIDGE SUBDIVISION, TO THE CITY OF SALINA,
SALINE COUNTY,KANSAS
GRANT: The Grantor grants and conveys 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 described and depicted on the attached and incorporated Exhibit A(the"Easement"):
See Exhibit A
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.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right,title, and capacity
to grant the Easement.
IMPROVEMENTS: Grantor warrants that it 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
Boolc 1445 Page: 1599
improvements. Grantor 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: Grantor 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 22'day of October 2024.
CENTRAL MALL REALTY HOLDING,LLC
C�
By:
Steve Owens,Authorized Person
Book 1445 Page: 1600
ACCEPTANCE OF PERMANENT PUBLIC ACCESS EASEMENT
On behalf of the City the undersigned duly authorized representative of the City accepts this
permanent public access easement.
CITY OF SAL A •NSAS
BY: All
i a' T chrage, City Manager
ATTEST:
I I
By: Ia,0.
Nikki Goding, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS,COUNTY OF SALINE, ss:
This instrument was acknowledged before me on October 22°",2024,by
Steve Owens as Authorized Person of CENTRAL MALL REALTY HOLDING, LLC a Kansas Limited
Liability Company.
My appointment expires:
a NOTARY PUBLIC•State of Kansas
JOHN F HARVEY No P ub
reo= My Appt.Expires $ •202.8
Printed name: 3-Aux V. �gtZ,1
STATE OF KANSAS,COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ()61:6A2024,2024, by Michael D.
Schrage as City Manager and Nikki Goding as City Clerk of the City of Salina, ansas.
My appointment expires:Vlact,acz • 1,, \
\k
Notary 'ubli•
JENIFER SCHEIBLER
Notary Public-State of...22sas Printed name: �L) `('Vt\ .,\ �.r
My Appointment Expires l► r
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(4)]
Boolc 1445 Page: 1601
EXHIBIT A East Line, Lot 4--•"\
/ R R/W Railro R/W
KGS Easement
A Arcl Avgth: 68.
Raost• 2831.9
Public Utility Ea ent Cho /recti. : S1 i 53' OT
r Chorlisto
Lot 4, Block 1,
Chapel Ridge Subdivision ',
,-South Line, Lot 4
C „. 0
N8949'08"W ,1 �o
\c/j'
Magnolia Road Southeast Corner of Lot 4 1 t
Point of Beginning I ! 1 1
0 20 40 60 80
O
SCALE: 1" = 40'
TRACT 1
A TRACT OF LAND IN LOT 4, BLOCK 1, CHAPEL RIDGE SUBDIVISION, AN ADDITION IN THE CITY OF
SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4,
THENCE ON AN ASSUMED BEARING OF NORTH 89' 49' 08" WEST ON THE SOUTH LINE OF SAID LOT
4, A DISTANCE OF 30.50 FEET.
THENCE NORTH 14' 36' 52" EAST, A DISTANCE OF 69.54 FEET TO THE EAST LINE OF LOT 4;
THENCE ON THE EAST LINE OF SAID LOT 4 ON A CURVE TO THE RIGHT WITH A RADIUS OF 2831.94
FEET A CHORD DIRECTION OF SOUTH 10' 53' 00" EAST AND A CHORD DISTANCE OF 68.62 FEET TO
THE POINT OF BEGINNING.
SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY ON SEPTEMBER 17TH, 2024.
SAID TRACT CONTAINS 1027 SQUARE FEET MORE OR LESS.
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CITY OF SAUNA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS- ENGINEERING- UAL177ES
EXHIBIT A
Col
Central Mall Realty Holdings, LLC
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2021-741 Sep 2024
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