Lot 98 225 LISTER OF DEEBDS ECCA KANSAS
t ` Book: 1275 Page: 52-55
Receipi ": 91639 Recording Fee: 620.00
n e"> Pages Recorded: 9 L' N &ea iszomax)
Date Recorded: 11/22/2013 1053:55 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this 24 day of October , 2013, by and
between KANSAS WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City
a permanent utility easement (the "Easement") in, on, over, under, and through the real estate
legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for
the purposes of accessing, locating, constructing, excavating, and maintaining poles, wires, conduit,
pipeline, and junction boxes necessary in conducting, transmitting, and distributing water, sewage,
electricity, gas, and electronic communications by the City, and its authorized franchisees and
licensees.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's
obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure, or the installation of fencing or landscaping on the Real Estate is governed by the
Salina Code as it may be amended from time to time (currently Sec. 42-63).
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement
effective as of the day and year written above.
Book: 1275 Page: 53
KANSAS WESLEYAN UNIVERSITY
By:
����Y
Wa ne c eider, Vice President
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
BY: �m .�._ i71 .�.1j
as et A. Gage, City Manager
ATTEST:
CaMC--
Lieu Ann Elsey, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss: ��jy� y
This instrument was acknowledged before me on ate'ter" 2013 by Wayne
Schneider as Vice President of Kansas Wesleyan University, a Kansas not-for-profit corporation.
My appointment expires:7/J<o
f �M:rHYi; RITA Ft NORTHUP ela ` Zia
.°MCIAI uv 'Wary 'u.I
‘I " 7�
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Ahkepatrt f2,, 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment ex.ires: 4 24126k0 /J
SHANDI L. W!!'it:-; i i t a
1410.=4 arl Notary Public-Stag9�of�-,er `` Notary Public
My Appt.Expires 2.9 w!.(0..
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1275 Page: 54
Exhibit A - Page 1 of 2
0escription:
A tract of land in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of Salina, County of Saline, Kansas and more particularly described as follows:
Commencing at the southwest corner of soid Lot 98;
• thence on an assumed bearing of South 89' 42' 58" East on the south line of said Lot 98, o distance of 600 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 6.00 feet; , •
thence North 89' 41' 46" West, a distance of 6.00 feet to the west line of said Lot 98;
thence North 0' 20' 06" East on the west line of said Lot 98, a distance of 1534 feet;
thence South 44' 24' 37" East, o distance of 30.02 feet to the south line of sold Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 7513 feet to the Point of Beginning.
Said tract contains 189 square feet more or Less.
oft OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS- ENGINEERING- UNITIES
11-2872 .r May 2013 _,�
. '" het
Book: 1275 Page: 55
rExhibit A - Page 2 of 2
i
- I 1 Parcels KWU ,
c 3 S Lot 88, Lot 90, Lot 92, Lot 94,
'� I� ' Lot 96, and Lot 98 on Ninth !`s
o I ''. Street, in the grounds of
Kansas Wesleyan University
5 i Addition
k
Lu c I
i
(0 ,per
Tract 22�g � ' �� N01814 E M.".A.. „...
Utility Easement 'Ir Fitt. 6.00
,
189 square feet r r � e of Beginning — Tract 2
N8941'46"W N89'42'58"W 75.73
6.00 Existing Cloud Street Right-of-way
589'4758"E
6.00
Point of Commencement - Tract 2
Legend
---- Right—of—way line N Ott OF SALINA, J00 W ASH, SALINA, KANSAS
Easement line PUBLIC WORKS- ENGINEERING- UTILITIES
Property line
0 10 20 30 40
Note: All distances are in feet """11 2572 1"`A/ay2o3 ¢`
SCALE: 1" = 20 ..o�.. ..wo.4..—„,o.. 1” W, 1-1
0 Qmaca