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Lot 3, Block 1 ~,,~_~ REBECCA SEEMAN /~~!:.....~.e.i>{lEGISTER OF DEEDS SALINE COUNTY KANSAS .f;'/~t6Inr~'(..\ Book: 1212 Page: 1641 \" . 0 f' . 1 0 00 . \" ~.i · . Receipt II: 63953 eN''/ Recording Fee: . 2 . . Q · EO. . , R d d .. V'" /J. u.. j) ',,' .:.:-............'~ ,/ Pagee ecor e : , f(U.J(!.CPJ- J3)~ 'l\li~ '" !t.~~~ \\1.,~"':o..'..""'" Date Recorded: 6/2/2010 3:55:24 PM GRANT OF PERMANENT UTILITY EASEMENT (Tract 3) SMOKY HILL, INC., a Kansas corporation, (the "Grantor"), being the owner of the hereinafter described real estate, does hereby grant, dedicate, and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "City"): A Permanent Utility Easement, in perpetuity, on the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B for the purposes of locating, 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. City acknowledges that this Grant of Permanent Utility Easement affects real estate upon which Grantor has constructed gravel ahd concrete pavement, driveways, and parking; private utilities; and curb, gutter, and associated drainage improvements (collectively, the "Existing Improvements") and installed certain landscaping (the "Existing Landscaping"). Consequently, City agrees to restore the Existing Improvements and the Existing Landscaping on any occasion that either or both may be damaged as a result of the City or its franchisees or licensees accessing the real estate subject to this Grant of Permanent Utility Easement. Grantor acknowledges that this Grant of Permanent Utility Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. Grantor hereby covenants that it is the lawful owner of the described premises and has the right, power, and authority to convey the rights granted hereby. IN WITNESS WHEREOF, the undersigned duly authorized officers of the Grantor set their hands this ~ay of May, 2010. SMOKY HILL, INC., a Kansas corporation BY:~~ Kim E. Brown, President ACCEPTED BY: CITY OF SALINA, KANSAS By: Book: 1212 Page: 1b42 ATTEST: By: ~: STATE OF KANSAS, COUNTY OF SALINE, 5S: This instrument was acknowledged before me on May Z, 2010, by Kim E. Brown as President of SMOKYIllLL,INC. ~/ 4 No My appointment expires: :< ~~ 3 - J '~ STATE OF KANSAS, COUNTY OF SALINE, ss: A . NOTARY PUBUG . Stl1l! of Ka. nsas ~ Melissa L. Rose My Appt. Expires tl~;J'3-/5 ~lI~=~ID':I;.' This instrument was acknowledged before me on May 210,2010, by Samantha P. Angell as Vice-Mayor and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. . N~~~~~I- ~ia~~~~~sas My Appt. Expires ~~'1 4)((I~ Notary Public My appointment expires:L/-/.2f1/2/)/2- [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(aX13)] -2- Book, 1212 Page~ 1643 ~ "'-; , tA'!iaIltNr .l~. BQok~ 1212 Page: 1b44 :f7>N ! ! , r J f. I I t I :! I I ~tfJ' ROO"fY' " ~o l - c: t'\~ {M <1' f I I " I f I. I , I: ~ I : I Ii f ; !; I J I l t ri I'! I ~ 1\ jf ~ I < 1 If' Jt tl . i , 1 ,~ ~ l 1 J I .~ ! :1 .j a