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Utility Easement (Tract # 2 & 3) (' -",.~t"'~';''',; REBECCA SEEMAN ;:~~'~''''''''<+::fEGISTER OF DEEDS SALINE COUNTY KANSAS (:f.t'l$T'~\",\ Book' 1212 P . 250 . \ .0" i ~ J. . age. ......" ... $ /. / Receipt II: 63661 . \' -t.........."..~/ Psgee Recorded' 5 r\t\)../ Recording Fee: .2'1.00 "~"M.'''..$ . '-' V /).,--- ...Q_. . '"""."'"......-.1' rr..uJeCDJ- ~ Date Recorded: 5/20/2010 2:13:25 PM GRANT OF PERMANENT UTILITY EASEMENT On this N+h day of May, 2010, the following GRANTORS: Michael C. Brown and Bleo Beth Brown, a/kIa Eleonora E. Brown, Trustees of the Revocable Inter Vivos Trust of Michael C. Brown, dated January 22, 1990; and Eleo Beth Brown, a/kIa Eleonora E. Brown and Michael C. Brown, Trustees of the Revocable Inter Vivos Trust of Eleo Beth Brown, a/k/a Eleonora E. Brown, dated January 22, 1990 (collectively, "the Trusts") hereby grant, dedicate, and convey unto the City of Salina, Kansas, (the "City") a permanent utility easement, in perpetuity, in, through, over, and across the two tracts of real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated . Exhibit B (the "Permanent Utility Easement") for the purposes oflocating, constructing, excavating, and maintaining poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting and distributing water, sewage, electricity, gas and electronic communications by the City, its franchisees, and its licensees. GRANTORS acknowledge that this Grant of Permanent Utility Easement shall neither alter nor affect the GRANTORS' obligation to maintain the described real estate. Upon being ftrst duly sworn upon oath, GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trusts; (2) the Trusts are revocable trusts; (3) the Trusts remains in full force and effect at this time; (4) GRANTORS are the duly qualifted and acting Trustees under the Trusts; and (5) as such Trustees, GRANTORS are authorized, pursuant to the Trusts and without any limitation whatever, to convey the rights granted hereby. IN WITNESS WHEREOF, the undersigned duly authorized Trustees of the Trusts have set their hands the day and year ftrst above written. THE REVOCABLE INTER VIVOS TRUST OF MICHAEL C. BROWN, DATED JANUARY 22,1990 THE REVOCABLE INTER VIVOS TRUST OF ELEO BETH BROWN a/kIa ELEONORA E. BROWN, DATED JANUARY 22, 1990 BY:!lp~ t1) ~~ Michael C. Brown, Trustee By:~~C6?6?~ Michael C. Brown, Trustee BQok~ 1212 Page~ 251 By:fk.4d." ~ Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee By:f'A ~~ Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee ACCEPTED BY: CITY OF SALINA, irSAS By: J~ CJi~ Aar G. Peck, Mayor ATTEST: BY:~~ Lieu Ann Elsey, City Cle STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this l!i day of May, 2010, by Michael C. Brown and Eleo Beth Brown, a/k/a Eleonora E. Brown as Trustees of the Revocable Inter Vivos Trust of Michael C. Brown, dated January 22, 1990 and Eleo Beth Brown, alk/a Eleonora E. Brown and Michael C. Brown as Trustees of the Revocable Inter Vivos Trust of Eleo Beth Brown, a/k/a Eleonora E. Brown, dated January 22, 1990. ~ LaDONNA BENNETT ~~ ~jotary F'l;t;lic - State of Kansas My t\r;pf. [XVr8s October 23, J.D, D ~U'Y . ~i.n.HJ.:):L;- Notary Public My appointment expires: I D - ~3 - I D STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this /7 day of May, 2010, by Aaron G. Peck as Mayor and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. . laDONNA BENNETT - - Notary Public - Stale of Kansas My Appt. Expires October 23,.;)J)/D ~ ~~/t/>~ Notary Public My appointment expires: ID - .2-3"'ID [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] .2. BOQk~ 1212 Page~ 252 MICHAEL C. BRO\V'N TROST ELEONORA E. BROWN TRUST EXHIBIT A Petml't$1atttJtili~' Ease.me.BtJl 1 . Book~ 1212 Page~ 253 2 Book: 1212 Page: 254 EXHIBIT B TRACTS LAND far I?$rmanent Utility Easements OWNERS~ Michael C. Brown Eleonora E. Brown Nt: CORNER OF SW!4 . S35- T14S-R3W ~ ' ~ t POO of b~tnnltl:;gc Seale (}~rB G I~~OU