Permanent Utility Easement (Tract #1)
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""--"'~~~''''; REBECCA SEEMAN
/,~J-'''''...~+\REGISTER OF DEEDS SALINE COUNTY KANSAS
fJT~t:~$.T~~\~..'\ Book: 1212 Page: 225
t\ !"R' # 6
\......~.E.$/.l ecelpt : 3661 rJ Recording Fee: .20.00
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Date Recorded: 5/20/2010 2:13:19 PM
GRANT OF PERMANENT UTILITY EASEMENT
(Tract 1)
COM CO. of KANSAS, a Kansas Corporation, a/k/a Com. Co. of Kansas, Inc., (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, arid 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.
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 officer of the Grantor set his
hand this;J2 day of April, 2010.
COM CO. OF KANSAS, a Kansas corporation
a!k/a Com. Co. of Kansas, Inc.
,By~~ h- th~
'-~.-.__~_ Jo Marietta, resident
STATE OF KANSAS, COUNTY OF SALINE, ss:
()..-a...e.~ J.~
This instrument was acknowledged before me on April J:p 2010, by John Marietta as President
of COM CO. OF KANSAS, a Kansas corporation, a!k/a Com. Co. of Kansas, Inc.
ci~~~J1~-6
Notary Public
~. LaDONNA BENNETT
~ ,N?t~ry Public - State of KansaS
My Appl.Expires October 23, :JJ> 10
My appointment expires: ID - .1;~-to
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Book: 1212 Page: 226
{
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
By:
ATTEST:
~
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on May IJ., 2010, by Aaron G. Peck as
Mayor and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
A. LaDONNA BENNETT
~ Notary Public - State of Kansas
My Appt. Expires October 23, ..Jl'l/^
ej}[}~ :tJL~
Notary Public
Book: 1212 Page: 227
Permanent Utility Easement
Owner: Com. Co. of Kansas Inc.
EXHIBIT A
TRACT #1
A tract of land located in the Northwest Quarter (NW 114) of Section Thirty-Five (35),
Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian in Saline
County, Kansas, being more particularly described as follows;
Commencing at the Northwest comer of the Northwest Quarter (NW 114) of said Section
Thirty-Five (35), thence on an assumed bearing of S 89054'45" E along the North line of the
Northwest Quarter (NW 114) of said Section Thirty-Five (35) a distance of 30.18 feet, to a point on the
West Right-of-Way line of the Union Pacific Railroad; Thence S 00020'04" E along the West Right-
of-Way line of the Union Pacific Railroad a distance of 100.85 feet to the point being the Point of
Beginning; From the Point of beginning Thence N 89039'48" E a distance of 100.00 feet to a point on
the East line of the Union Pacific Rail Road; Thence N 00020'04" W along said East line a distance of
57.33 feet to a point on the South Right-of-Way line of Magnolia Road; Thence S 88056'54" E along
the South Right-of-Way line of Magnolia Road a distance of214.67 feet; Thence continuing along the
South Right-of-Way of Magnolia Road the following described courses; N 01 021'01" E a distance of
17.00 feet; Thence S 88038'59" E a distance of 50.00 feet; SOl 021 '01" W a distance of 17.00 feet;
Thence S 87025'58" E a distance of 475.10 feet; Thence S 89052'58" E a distance of 83.28 feet;
Thence leaving Said South Right-of-Way line S 55054'06" E a distance of 288.24 feet;
Thence N 75050'39" E a distance of 641.59 feet to a point on the South Right-of-Way of Magnolia
Road; Thence continuing along said South Right-of-Way on a non tangent curve to the left having a
radius of 28707.87 feet, an arc length of 323.99 feet and a chord bearing N 89043'52" E a distance of
323.99 feet to the West property line of Premier Properties Inc., L.L.C.; Thence S 00032'11" E along
said West line a distance of 20.00 feet; Thence continuing along a line 20.00 feet south of and parallel
with said South Right-of-Way on a non tangent curve to the right having a radius of 28727.87 feet, an
arc length of 321.71 feet and a chord bearing S 89043'43" W a distance of 321.70 feet; Thence S
75050'39" W a distance of 648.06 feet; Thence N 55054'06"W a distance of 291.08 feet to a point
20.00 feet perpendicular distance from the South Right-of-Way line of Magnolia Road; Thence N
89052'58" W along a line 20.00 feet South of and parallel with said South line a distance of77.60 feet;
Thence N 87025'58" W continuing along a line 20.00 feet South of and parallel with said South line a
distance of 435.26 feet; Thence S 01056'43" W a distance of 20.02 feet; Thence N 88003' 17" W a
distance of 99.60 feet; Thence N 01056'43" E a distance of 19.79 feet to a point 20.00 feet
perpendicular distance South of said South Right-of-Way line; Thence N 88056'22" W along a line
20.00 feet South of and parallel with said South line a distance of 184.32 feet to a point 20.00 feet East
of the East line of the Union Pacific Railroad; Thence S 00020'04" E along a line 20.00 feet East of
and parallel with said East line a distance of 56.87 feet; Thence S 89039'48" W a distance of 120.00
feet to a point on the West line of the Union Pacific Railroad also being the East line of Lot Three (3),
Block One (1), Schilling Subdivision No.7; Thence N 00020'06" W along said West line ofthe Union
Pacific Rail Road and East line of said Lot Three (3) a distance of 20.00 feet to the Point of
Beginning.
The above described tract contains 1.09 acres more or less.
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