01-25-2022 Easement Marydale Addition-..
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_,,,.;C!:~~··, REBECCA SEEMAN f;-/~~ •. ,,;;·t:,\REGISTER OF DEEDS SALINE COUNTY KANSAS
\1:: .... ::;:./:)Book:1408 Page: 1250-1254
\~~~! .. ~!;.'~'Receipt #: 140116 Recording Fee: $89.00 Pages Recorded: 5 C /\f tJ
Date Recorded: 2/25/2022 9:53:37 AM
PERMANENT PUBLIC UTILITY EASEMENT
This Permanent Public Utility Easement is made this 25th day of January, 2022, by and
between Saline County, Kansas, (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 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 1408 Page: 1251
SALINE COUNTY, KANSAS
B~ ......... Ja L. Weese
Commissioners
ACCEPTANCE OF PERMANENT PUBLIC UTILITY EASEMENT
CITY OF SALINA, KANSAS
By: Mw-~~
Mayor 1 lrvi ~JS:vl5, MD
City Clerk(..
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on :lincmg.E, 2022 by James L. Weese,
as Chairman of the Board of County Commissioners for Saline Co ty, Kansas.
My appointment expires:
~. JAMIE R. DOSS
d!lil Notary Public • S of nsas
My Appt. Expires /) z
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on r;:b,-UfA..r'1 ~022, by-""!r-e ".+ u). Jjo.,vi-s,
, as Mayor anct-:S-&~~~::fu~;Js City Clerk of the City of Sa~ Kansas. ~. ~. 1 ~a. 'I O'f'
My appointment expires: I 'ZCfl.-1,_; n ,_ A. ~A I!!!!!!!!!'!!~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!~!!!!!!~~;.·. ~c .... '''{~'''•,, .»' :.<.!'···~. ·~ ASHLEY RUSSELL t,(~),1 My ':;~~~~~~:ires
''·~~~~-....
Printed Name: Ashle..i ~e.JI
[Area es a e sa es va 1aat1on questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
-2-
Boole 1408 Page: 1252
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT TRACTS
EASEMENT #1 LEGAL DESCRIPTION:
A tract ofland for the purpose of a permanent utility easement located in Lots Two (2), Four (4), Five (5), Six
(6) and Seven (7), Block One (1), Replat of part ofMarydale Addition, Lots Nineteen (19), Twenty (20),
Twenty-one (21), Twenty-two (22), Twenty-three (23) and Twenty-four (24), Block One (1), Marydale
Addition, and Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Two (2),
Marydale Addition all in the City of Salina, Saline County, Kansas. The CENTERLINE of which is more
particularly described by Wayne Scritchfield PS#1372 on 1/10/2022 as follows:
COMMENCING at the Northwest Comer of Said Lot Two (2), Block One (1), Replat of part ofMarydale
Addition;
THENCE east on the north line of the Replat of part ofMarydale Addition on an assumed bearing of South
89°56'08" East for a distance of sixty-six and zero hundredths (66.00') feet to the POINT OF BEGINNING;
THENCE south with a width of twenty and zero hundredths (20.00') feet parallel with the West Line of Said
Lot Two (2) on a bearing of South 00°16'53" East for a distance of two-hundred sixty-four and ninety-five
hundredths (264.95') feet;
THENCE west with a width of twenty and zero hundredths (20.00') feet parallel with and fifteen (15.00') feet
south of the South Line of Said Lots One (1) and Two (2), of the Replat of part ofMarydale Addition and
Lots Two (2), Three (3), Four (4), and Five (5), Block 1, Marydale Addition, on a bearing ofNorth 89°58'38"
West for a distance of eight-hundred thirty-nine and twelve hundredths (839 .12') feet;
THENCE south with a width of twenty and zero hundredths (20.00') feet parallel with and ten (10.00') feet
east of the West Line of Said Lot Nineteen ( 19) on a bearing of South 00°15'34" East for a distance of
two-hundred twenty-nine and thirty-six hundredths (229.36') feet;
THENCE south-southeast with a width of twenty and zero hundredths (20.00') feet on a bearing of South
22°30'00" East for a distance of two and zero hundredths (2.00') feet;
THENCE continuing south-southeast with a width of sixty and zero hundredths (60.00') feet on a bearing of
South 22°30'00" East for a distance of forty-eight and zero hundredths ( 48.00') feet;
THENCE continuing south-southeast with a width of twenty and zero hundredths (20.00') feet on a bearing
of South 22°30'00" East for a distance of five-hundred one and forty-three hundredths ( 501.43 ') feet;
THENCE southeast with a width of twenty and zero hundredths (20.00') feet on a bearing of South 79°00'10"
East for a distance of eighty-four and fifty-eight hundredths (84.58') feet;
THENCE northeast with a width of twenty and zero hundredths (20.00') feet on a bearing of North 68°23'50"
East for a distance of four-hundred ninety-seven and fourteen hundredths (497.14') feet;
THENCE north-northeast with a width of twenty and zero hundredths (20.00') feet on a bearing of North
20°49'57" East for a distance of sixty-nine and forty-nine hundredths (69.49') feet;
Thence north with a width of twenty and zero hundredths (20.00') feet on a bearing ofNorth 00°01'09" West
for a distance of four-hundred ninety-six and sixty-five hundredths (496.65') feet to a point twenty-five
(25.00') feet south of the south line of Said Lot Two (2), Block One (1), Replat of part ofMarydale Addition,
Said point closes on the south line of the easement being described.
The above described tract contains 1.392 acres, more or less, of new permanent utility easement.
Page 1of 2
Boole 1408 Page: 1253
AND;
EASEMENT #2 LEGAL DESCRIPTION:
A tract of land twenty and zero hundredths (20.00') feet in width for the purpose of a permanent utility
easement located in Lots Six (6) and Seven (7), Block One (1), Replat of part ofMarydale Addition the
CENTERLINE of which is more paiticularly described by Wayne Scritchfield PS#l372 on 1/10/2022 as
follows:
COMMENCING at the Northwest Corner of Said Lot Two (2), Block One (I), Replat of part ofMarydale
Addition;
THENCE south on an extension of the east line of Said Lot Two (2) on an assumed bearing of South
00°16'53" East for a distance of eight-hundred fo1ty-three and sixteen hundredths (843 .16') feet,
THENCE west on a bearing of South 89°43'07" West for a distance of sixty-three and fourteen hundredths
(63 .14') feet to a point on the no1thwest line of the easement previously described and the POINT OF
BEGINNING;
THENCE no1thwest perpendicular with the previously described easement on a bearing ofN01th 21 °36' I 0"
West for a distance ofthitty-five and fifty-nine hundredths (35.59') feet.
The above described tract contains 0.00 I acres, more or less, of new permanent utility easement.
Prepared by Wayne D. Scritchfield, PS #1372
Page 2 of 2
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