Utility Easement - Tri-Rivers PropertiesI lllll ll l llll lllll Ill II I Ill ll lll llll l lllll llll ll llll 1111111111 11111111111111111111111
<·-d~ . REBECCA SEEMAN /~-~-.. ···-~-~>REGISTER OF DEEDS SALINE COUNTY KANSAS f ~1 tt, <: 1t., ·-A I %,:t_~;;;;, ::}Book:1397 Page: 1600-1604
\:~~~.;-.·~':;,/Receipt #: 136338 Recording Fee: $89.00
"···""'-Pages Recorded: 5 CtJ
Date Recorded: 7 /27 /2021 10:24:44 AM
PERMANENT PUBLIC UTILITY EASEMENT
This Permanent Public Utility Easement is made this t~\.\ day of J ~7' , 2021 , by
and between Tri-Rivers Properties, LLC, a Kansas limited liability company, (tlie "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 on the attached and incorporated Exhibit A and depicted on the attached and
incorporated Exhibit 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 Public Utility
Easement effective as of the day and year written above.
Boole 1397 Page: 1601
By:
o ey L. Brummett, Jr.
Member Member
ACCEPTANCE OF PERMANENT PUBLIC UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
ATIEST:
ACKNOWLEDGEMENTS
STA TE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on J u \ \...\ ~ , 2021 by Rodney L.
Brummett, Jr. and Eric Sean Kindlesparger, Members of Tri-Rivers Properties LLC.
My appointment expires:
Printed Name: A\ \I SO{) \-\CHY\ M
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on J \) \ \.\ \ 1.. , 2021 , by Melissa Rose
Hodges, as Mayor and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas.
My appointment expires:
~ • ALLISON HAMM ~ Notary Public -State of Kansas
My Appt. Expires 10-'Z. 5-2. 4
Printed Name: A l l \ ~c () \.\ C1 VY\ m
-2-
Boole 1397 Page: 1602
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-3-
Book: 1397 Page: 1603
EXHIBIT 'A'
EASEMENT DESCRIPTION :
THAT PORTION OF LOT 3, BLOCK 1, GILE ADDITION IN THE CITY OF SALINA,
STATE OF KANSAS, BEING DESCRIBED BY JASON R. LOADER, PS 1462 ON
MARCH 24, 2021 AS FOLLOWS:
ALL BEARINGS HEREIN ARE BASED ON A SURVEYED BEARING OF N 89"54'30" W
ON THE NORTH LINE OF SAID LOT 3. COMMENCING AT THE NORTHEAST CORNER
OF SAID LOT 3; THENCE ON SAID NORTH LINE, N 89"54'30" W 148.30 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH LINE,
N 89"54'30" w 131.41 FEET; THENCE s 00·05'3o"w 20.00 FEET; THENCE
S 89"54'30" E 131.41 FEET; THENCE N 00"05'30" E 20.00 FEET TO THE POINT OF
BEGINNING.
END OF DESCRIPTION
742 DUVALL AVENUE
SALINA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-3411
sa@kveng.com I www.kveng.com
T KAW VALLEY ENGINEERING
EASEMENT EXHIBIT
03/29/2021 TOA
2840EXBA 1 OF 2
NW COR, LOT 3,
BLOCK 1, GILE ADD .
1 /2" REBAR FOUND,
ORIGIN UNKNOWN
224.1 5'
s 00·05'30" w
20.00'
EXHIBIT 'B'
POINT OF
BEGINNING
N 89"54'30" W
S 89"54' 30" E
742 DUVALL AVENUE
SALINA, KANSAS 67401
PH. (785) 823-3400 I FAX (785) 823-3411
sa@kveng.com I www.kveng.com
T KAW VALLEY ENGINEERING .__
0
Boole 1397 Page: 1604
30 60 120
SCALE: 1" = 60'
POINT OF
COMMENCEMENT
NE COR, LOT 3,
BLOCK 1, GILE ADD.
1 /2" REBAR W/ "KVE
CLS-20" CAP FOUND
148.30'
N 00"05'30" E
20.00'
EASEMENT EXHIBIT
03/29/2021 TOA
2840EXBA 2 OF 2