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Lots 8 & 10 ,.,--_.._'-----~~--- r , ,,,.,"""",,, REBECCA SEEMAN }<~.~"...~,e.~;\flEGISTER OF DEEDS SALINE COUNTY KANSAS f;t~<"6Tr~"'"~,,,\ Book: 1224 Page: 743 1. ' . 0" , l \"'.....'"0./:/ Receipt II: 68536 ./ Recording Fee: $20.00 \' ~.,."....."..~ .,,' PSg88 Recorded:"I ~ N V /J., -. j) I I\l,\\_~..~..~_~ L:.. ~ Jd)~ Da fa Recorded: 1/11/2011 11 :12:10 AM ... ~ GRANT OF PERMANENT UTILITY AND ACCESS EASEMENT SALINA REGIONAL HEALTH FOUNDATION "Foundation", a non-profit Kansas corporation duly organized and existing under the laws of the State ofK~msas, and having its principal place of business at 400 South Santa Fe Avenue, City of Salina, County of Saline, State of Kansas, (the "Grantor") being the owner of the hereinafter described real estate, does hereby give, grant and convey unto the City of Salina, Kansas, a municipal corporation, (the "Grantee") 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 purpose of conducting, transmitting, and distributing water, sewage, electricity, gas and electronic communications by the City, its franchisees, and its licensees; and A Permanent Access Easement, in perpetuity, over and across the South Twenty-five (25) feet of the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B for the purpose of allowing the City to widen the gravel driving surface of the abutting alley to the east to accommodate the turning movements of emergency vehicles, trash trucks and other motor vehicles using the alley. Grantor acknowledges that this Grant of Permanent Utility and Access Easement shall neither alter nor affect the obligation of the Grantor and its heirs, successors and assigns 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 Grantor sets their hand this 7Aday of January, 2011. SALINA REGIONAL HEALTH FOUNDATION, a non-profit Kansas corporation ATTEST: ~~~ Mike P. Junk, S'&retary By: ~~ent ~ " Book: 1224 Page: 744 STATE OF KANSAS COUNTY OF SALINE, SS: On this ~ day of January, 2011, before me a Notary Public in and for said state, personally appeared Mark L. Miller, President and Mike P. Junk, Secretary of the Salina Regional Health Foundation, known to me to be the persons,who executed the grant of right-of-way document and acknowledged to me that they executed the same for the purposes therein stated. 'i.-..I'"';[:.'/r,"'*'a4~',,,,,>.;;"_,,,,~.,,,,,,,~ ~~~ ,. - """" g A MYRNA HINEr Ml,j';:{ u ~B ~,. NOr^DY c,.~, ~~ r~'l~'. . '.. J Nr:. ,~ '~'.' 1(' ,l: 11-' r' ..... . -' ':.I't ...., ~ :....-.. . ':."".S.TA. TE, OF.' l{j~NSAS ~:'~=!~~~~~~~:!',!::l!~ ACCEPTED BY: ~(rf- CITY OF SALINA, KANSAS aron G. Peck, Mayor ATTEST: Lieu Ann Elsey, City Clerk STATE OF KANSAS, COUNTY SALINE, SS: On this , ~ day of January, 2011, before me a Notary Public in and for said state, personally appeared Aaron G. Peck, Mayor, and Lieu Ann Elsey, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the grant of right-of-way document on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated on behalf of the City of Salina, Kansas. ft. SHANDI L. WICK;::; : ~ Notary Public. State of K8nsds ' My Appt. Expires . -iJ~ld:: _ ~~ L tULOu- ., otary Public Approved as to Form City Attorney 8/4/2010 Le~al Description 10' Utility Easement in Lots 8 & 10, Atherton-Phillips Add. City of Salina, Kansas Bo ~k~llHmii1rI~ Email: landmarksurvey@sbcglobal.net Website: www.landmarksurveyingks.com Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas 67410 1./ Legal Description (10' Utility Easement) A parcel of land located in Lots 8 and 10, Atherton - Phillips Addition to the City of Salina, Saline County, Kansas, being 10.0 feet in width and used for utility easement purposes, and is more particularly described as follows: Beginning at the Southeast comer of said Lot 10; - thence on an assumed bearing of S 89022'28" W along the South line of said Lot lOa distance of 5.00 feet; - thence N 00047'06" E a distance of 179.77 feet to a point on the North line of said Lot 10; - thence N 89018'01" E along the North line of said Lots 8 and lOa distance of 10.00 feet; - thence S 00047'06" W a distance of 179.78 feet to a point on the South line of said Lot 8; - thence S 89022'12" W along said South line a distal1ce of5.00 feet to the Point of Beginning; . . Said parcel contains 1797 square feet, more or less and is subject to easements, reservations, and restrictions of record. L ,~,U!I""I ,\' I' L '" ....,.. 'X' (\u J "'; ,'. ~......,,- ..,,~..Ol:l."'t> 0.,,<, ',. $' <:)"-:'..01" E. N .s .... )' A.-=:' ... 0 ,v ~'.~// ... :: 0) ." 'V ) L\\O 00. cf> -:. " \\ '''' ~ 0 :. -1410 :2:: . ,~ " ~ e: :: 4- ....~ Date: 11/10/10 Proj.#: 10-5929 ...~~.s: #1410 '''' ",,\'Ii "'1f1H 'el' Page: 1 of 2 NOTE: This does not constitute a Certificate of Survey. W1~llHID~r[~ Email: Jandmarksurvey@sbcglobal.net Website: www.landmarksurveyingks.com Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas 67410 Sketch 10' Utility Easement in Lots 8 & 10, Atherton-Phillips Add. City of Salina, Kansas J{ J 1 "=80' ( - - -:- - -;8~018'Ol "-E ~ - ~~sh Stre~ R/W - ---.:- - - - ,- - - -, 1QOW I . 20' Utility Easement _____,_________,_________,_________,____7______ . . . . I I I 00/\0 """" 0.0 ....:l.....:l I New 20' AIle \0."", ""I"" 00 ....:l.....:l )N "":",, 0/0 ....:l....:l NI;:1; ""."" 0,0 ....:ll....:l I ACCESS EASEMENT I Portion of Alley to be Vacated 20' ALLEY S 89022'12" W 5.00' POINT OF BEGINNING )...... "":"" 0,0 ....:l....:l I"", ...... N "":",, 0,0 ....:l....:l I _ _ _<t]ohnstO\,yuAveu,!!eR/W _ _ _ ~ Date: 11/10/10 Proj. #: 10-5929 Page: 2 of 2 NOTE: This does not constitute a Certificate of Survey. dO~ R~\)M ;;L ~b I I I I I ~J ~I ~ ~l ~I ~I ~ f I I I I I I I