Lot 99 on 5th St. and Lot 100 on 4th St. REBECCA SEEMAN
`•-"'`PEGISTER OF DEEDS SALINE COUNTY KANSAS
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`; Jf \ 800k: 1280 Page: 1199-1502
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e,.'.'. ,,, •: Receipt a: 9975E � Recording Fee: 520.00
4e:- Pages Recorded: 9 C� = 25azintano
Date Recorded: 1/29/2011 11:27:33 AM
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this 2" 'day of April, 2014, by and between
RD, LLC, a Kansas limited liability company, (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 Exhibits A and B (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 Grantor 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.
RD, LLC
By: 10 /1 eL-
es B. Richardson
an
aging Member
Book : 1280 Page : 1500
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SAL If • NSAS
By: 1
Aaron K. Householter, Mayor
ATTEST:
a"! T tatate
Shattdi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on April 24 2014 by James B. Richardson
as Managing Member of RD. LLC.
My appointment ex ;ream- ♦ -
�y LOUISE DUPES ` I ` _ii
talk Notary PubOe•Stats of Kan as N taR• Public
My Appt.Expires 0,i-g, 'x015 ,
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on April 22 , 2014, by Aaron K.
Householter as Mayor and Shandi Wicks. CMC, as City Clerk of the City of Salina. Kansas.
My appointment expires: i O- g ct4 N:�f�) / / /
�. r
Cd .� C.YN TH IA S. WOLFF
Notary Publil I�My AppNtoEtary irPeus blic Q- S-at( ZaOs1ati,
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Book : 1280 Page : 1501
• EXHIBIT 'A'
EASEMENT DESCRIPTION: (RICHARDSON)
A PORTION OF LOT 99 ON 5TH STREET. AND LOT 100 ON 4TH STREET IN THE CITY OF
SALINA, ACCORDING TO THE RECORDED PLAT OF ORIGINAL TOWN (Now CITY), THEREOF,
IN SALINE COUNTY, KANSAS, BEING FOR UTILITY EASEMENT PURPOSES AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 107; THENCE N 0017'26" E ALONG
THE EAST RIGHT-OF-WAY LINE OF SAID 5TH STREET, A DISTANCE OF 201.56 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 99, SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUING N 00'17'26" E ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 10.00 FEET; THENCE S 8934'03" E A DISTANCE OF 239.86 FEET;
THENCE N 00'18'39" E A DISTANCE OF 9.01 FEET; THENCE S 89'34'03" E A DISTANCE
OF 10.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 100; THENCE S 00'18'39"
W ALONG SAID EAST LINE, A DISTANCE OF 10.00 FEET; THENCE S 14'51'35" W ALONG
THE WESTERLY RIGHT--OF-'WAY LINE OF THE UNION PACIFIC RAILROAD, A DISTANCE OF
9.31 FEET TO THE POINT OF INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE
AND THE SOUTH LINE OF SAID LOT 100; THENCE N 89'34'03" Y/ ALONG THE SOUTH
LINE OF SAID LOTS 100 AND 99. A DISTANCE OF 247.52 FEET TO THE POINT OF
BEGINNING.
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j ��, KAW VALLEY ENGINEERING, INC. y0 S (.114\Ey
CONSULIING ENGINEERS - LAND SURVEYORS
(nip*
1331 ARMORY ROAD
SALINA, KANSAS 67401
PH. (755) 523-3400 I FAY (785) 823-3411 2-27-14 - E12S0568
sa CI•vP.ng.COrz: I N'N'N.clen c.COT�
0568EXBA - LRR - 1 OF 2
Book : 1280 Page : 1502
EXHIBIT 'B '
I
i
LOT 97 I LOT SE S 00'18'39" W
LGT i00 ---10.00'-- -- --.
- S 89'34'03" E
10' UTILITY 10.00'
N 0023'46" E (EASEMENT N 0018'39" E\
10.00' I.5 89'34'03 E ' 239.86' 9.01 '
IF
LOT 99 . . - LOT 100
i LOT 101
j N 89 LOT W 247.52' GT 102
POINT OF
BEGINNING S 14'51'35" W
9.31'
rx
1 \•
ice
I I- I LOT 101 w !07 I _ LOT_102
---i--03------ --- L07 704 0
IY
�I
CtII
in ' i 10' UTILITY EASEMENT
H
O : RETAINED PER ALLEY Q
It_ VACATION ORDINANCE NO.
Lt_ N 7009. MISC SK 89. PG 577 U
z w _LOT 703 OT 104
LOT 105 LOT 106 U
(.9i Q
Q.
I N
r/ r /O
0 2
7,1 1 : /
— LOT 105 i 1 LOT 106
LOT 107 L-.....------._--------.._. .-
l0O7 T 108
POINT OF '
/COMMENCEMENT
40' R/W 1.f SW COP, LOT 107 ' i
i i l k.
—
L
_7. <•`�_ KAW VALLEY ENGINEERING, INC.
f, `�a CONSULTING ENGINEERS — LAND SURVEYORS SCALE: 1" == 40'
E` cLy 1 1331 ARMORY ROAD
v SAUNA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-341; 2-27-14 - E12S0568
sa�:veng.<om I a—*kveny^.00m 0568EXBA - LRR - 2 OF 2
a�`� B' o m a 1 C ---Q,A.+n