Loading...
Lot 2, Block 2 Valley View Addition (Permanent Utility Easement) 111111111(III IIIII III II I III IIIII IIii!11111 IIII IIIIII IIIII IIIII INIIIIIIII IIII REBECCA SEEMAN REGISTER OF DEEDS SALINE COUNTY KANSAS '1'Book:1306 Page: 510-514 Receipt #: 100478 Recording Fee: s44.00 Pages Recorded: 5 (. rl Date Recorded: 12/18/2015 10:04 : 23 AM PERMANENT UTILITY EASEMENT This Permanent Utility Easement is made this 29th day of April , 2014, by and between Robert R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8; 1996 and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8,1996, (collectively 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. RESTORATION: After completion of construction, the City shall restore the area of the Easement as set out in the project plans and specifications. Grantor acknowledges that grading within the Easement may result in a permanent grade change. 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. Book: 1386 Page: 511 TRUSTEE COVENANTS: Upon being first duly sworn upon oath, Grantor further covenants that: (1) Grantor is the Trustee under the Trusts; (2) the Trusts are revocable trust; (3) the Trusts remain in full force and effect at this time; (4) Grantor is the duly qualified and acting Trustee under the Trusts; and (5) as such Trustee, Grantor is authorized, pursuant to the Trusts and without any limitation whatever, to convey the above-described Easement. IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement effective as of the day and year written above. THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996 • / / J /. By: A ,r Li/ Robert R. Ho'I • es, • stee By: / / M. a L. Hoffhines, Truster, THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996 By: / I _. M. ha L. Ho'i • es Trust By: / emu// •obert R. Hoffhhin-s, T tee STATE OF KANSAS, COUNTY OF SALINE, ss: JJ This instrument was acknowledged before me on /t,PR../L .29 , 2014 by Robert R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996, and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996. My appointment ex ices: /1 Q BONITAG.O'RORKE 10 -L Cv C NOTARY PUBLIC Bonita G. O'Rorke Notary Public STATE OF KANSAS MY Appt.Exp. 3-20-IS [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- - Book: 1306 Page: 512 ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA, KANSAS By: 41 A tar on A. Gage, City M. sager A 1 1 EST: u , bots Sh i Wicks, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December 14 2015, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: (tea `� BRENDA K. LINTON °�`'�o•- y NOTARY PUBLIC Brenda K. Linton Notary Public LT "y� STATE OF KANSAS iii MY APPT. EXPIRES /0-y-70/9 -3- Book: 1386 Page: 513 Exhibit A Tract 11 Permanent Utility Easement Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines Legal Description: A tract of land in Lot 2, Block 2, Valley View Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Valley View Addition; Thence on the East line of said Lot 2 on an assumed bearing of North 00°36'18" West, a distance of 16.65 feet; Thence South 89°23'42" West, a distance of 20.00 feet to the platted utility easement line and the POINT OF BEGINNING; Thence on the said platted utility easement line South 78°56'11" West, a distance of 46.95 feet; Thence North 19°52'52" East, a distance of 103.35 feet; Thence North 00°36'18" West, a distance of 139.03 feet to the platted utility easement line; Thence South 82°35'53" East on the platted utility easement line, a distance of 10.10 feet; Thence South 00°36'18" East on the platted utility easement line, a distance of 225.92 feet to the POINT OF BEGINNING. The above described tract contains 0.090 acres more or less. Book: 1386 Page: 514 Exhibit B Tract 11 Permanent Utility Easement Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines I J S82' 35' 53"E 10.10' Iii Permanent Utility (//r Easement Tract 11 r / Lot 2, Block 2, r/� Valley View Addition N00' 36' 18"W % / S00' 36' 18"E 139.03' d\ 225.92' Temporary Construction r/ Easements Tract 12 �i/ir N19' 52' 52"E / i \ 103.35' �r/// i/ ri liiri Existing Utility ////, S89' 23' 42"W Easement ///,' \\ 20.00' r/ `\ ____14.4-1 --�N00' 36' 18"W 16.65' . Point of Point of Commencement S78' 56' 11"W Beginning Southeast corner of 46.95' Valley View Addition CITY OF SAUNA. KANSAS PUBLIC Nom(5 — ENGINEERING — VTRITIES 0 zs 50 75 oo Tract 11 �� ■ Permanent Utlity Easement SCAl F: 1' = 50' a y �08-2713 Nor 2010 2_2 " —4ti i.——•.• fie. "