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Lot 38, Block 4 REBECCA SEEMAN OF DEEDS SALINE COUNTY KANSAS 616 TE',",a Book: 1235 Page: 999-997 � . Receipt 4: 73938 Pages Recorded: 9 G Recording Fee: $20.00 1''k�•N s � Date Recorded: 9/30/2011 1:96:52 PM PERMANENT DRAINAGE EASEMENT (Husband and Wife) THIS INDENTURE, made this -A— day of , 2011, by and between MARK ELMER and MARY L. ELMER, husband and wife, (the "Grantor" and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City a permanent drainage easement, in perpetuity, in, on, over, under and through the real property legally described and depicted on the attached Exhibit A (the "Easement") for the purposes of laying, constructing, operating, inspecting, altering, repairing, replacing, substituting, relocating, adding to, removing and maintaining a culvert, storm sewer, drainage ditch, drainage channel/water course or other drainage facility tributary connections and appurtenant work in any part of the Easement, including the right to clean, repair, replace and care for the drainage facilities, together with the right of access in, on, over,under and through the Easement. The City shall have the right to change the drainage channel/water course and to install an additional sewer and/or drainage line or replace the line with a larger line in the Easement at some future date and under the same conditions as the original drainage line was installed. Grantor shall neither construct nor permit to be constructed any structure, landscaping or trees, or obstruction on or over or interfering with the construction, maintenance, or operation of any sewer and/or drainage facility or appurtenance constructed pursuant to this Easement. Grantor further agrees that it will not change the grade of the area within the Easement without approval of the City. Grantor acknowledges that this Permanent Sidewalk Easement shall neither alter nor affect the Grantors' obligation to maintain the described real estate. Grantor hereby covenants that it is the lawful owner of the described real estate and has the right, power, and authority to convey the rights granted hereby. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the day and year written above. M Elmer Mary L. mer Book; 1235 pages 445 ACCEPTANCE OF PERMANENT DRAINAGE EASEMENT CITY OF SALINA, KANSAS By: J son A. Gage, Cit Manager ATTEST: Lieu Ann Elsey,Cam, City C erk GMG ACKNOWLEDGEMENTS ArvZOAq Maricofa STATE OF S, COUNTY OF SAI�W, ss: This instrument was subscribed, sworn to, and acknowledged before me on 2011 by Mark Elmer and Mary L. Elmer, hilsband and wife. My appointment expires: o /� / Jeff Jones r Notary Public NOTARY PUBLIC..ARIZO Tif Ta Ke,S Y MARICOF,A COUNTY My Commission Expires - August10,2012 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on :—�)mAe Albe,r Z1, 2011, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment expires: y jq�q 06(-a l SHANQI L. WICKS Notary Public Notary Public- state of Kansas EA M ppt,Expires ion questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] e e EXHIBIT River Trail Addition City Limits Lot 39, Block 4 2359 Aidan Ct. Exist. R/W 50' 1 West Line Q of Lot 38 Q ITract 12 Mork & Mary L. Elmer 2353 Aidon Ct. i I River Troil Addition South Section Line Lot 38. Block 4 Exist. Utility Easement 90' 1 /0.001, Ln N01 004148"W CID 29.20' 29.24' S88 055'12"W N88055'12"E Drain gGe Easement Area: 292 Sq. Ft. Beginning East Line of Lot 38 Point o SE Co ner of Lot 38 I l 0.00' S00 052132"E Unplatted - S30-T l4S-R2W Timothy N. and Julie A. Rowe 1797 E. Magnolia Rd. Legend Scale: l" = 30' Area Drainage Drainage = 292 Sq. Ft. Easement The accompanying plat does not Easement ie,iiiiii111111 City Limits constitute a boundary survey. WFISON 1700 INA,KS67401NUE OWNER: Mark&Mary L. Elmer SHEET of 2 &COMPANY (70585W7-594)-U7-0433 9 FAX CITY OF SALINA, KANSAS PROJECT:1010040100 Apa4,Y01t PROPERTY ADDRESS: 2353 Aidan Ct. KonT PRn.i #tt� ►_,,An,_n, Book : e EXHIBIT A TRACT: l2 OWNER: Mark & Mary L. Elmer PROPERTY ADDRESS: 2353 Aldan Ct. Permanent Drainage Easement Description: A strip of land located in Lot 38, Block 4, River Trail Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Southeast corner of said Lot J8, Thence on an assumed bearing of S88055112"W, along the South line of said Lot 38, a distance of 29.20 feet, Thence N01°04'48"W a distance of /0.00 feet, Thence N88°55112"E a distance of 29.24 feet to the East line of said Lot 38: Thence S00 052'32"E, along said East lot line, a distance. of l 0.00 feet to the point of beginning. Easement contains: 292 square feet, more or less ,, ENSFD. x • ftr,�l�S 1700 E.IRON AVENUE / SHEET 2 OF 2 'N/1 ON S/LLINAIC807a0, OWNER: Mark&Mary L. Elmer &COMPANY (7° S49 FAX CITY OF SALINA, KANSAS PROJECT:1010000100 AMI 4,2011 PROPERTY ADDRESS: 2353 Aldan Ct. KDOT PROJ.#85 U-2301-01