03-29-2022 YMCA Easement·. 11 1111111 llll lllll Ill II I Ill lllll lllll lllll llll llllll 11111 11111 11111111111111111111111
. ... t-~·~··· REBECCA SEEMAN /i:~~·;:·;·;;.\~·\REGISTER OF DEEDS SALINE COUNTY KANSAS
(,\:\.~·;;.~~)j BOf?k:1414 Page: 1430-1431
The Mid-Kansas Title Co. Inc.
217 N. Santa Fe Avenue
Salina, KS 67 401
785-823-3759
I..,~ ~···•·-~.1 Receipt #: 142454 0 • t Recording Fee: $38.00 ........... Pages Recorded: 2 \.JV
Date Recorded: 7/11/2022 3:19:00 PM
PERMANENT PUBLIC ACCESS EASEMENT
The YOUNG MEN'S CHRISTIAN ASSOCIATION OF SALINA, KANSAS, a Kansas not-for-
profit corporation ("Grantor") gifts and grants to the CITY OF SALINA, KANSAS, a Kansas municipal
corporation ("Grantee"): ·
RECITALS:
A. Grantee is pursuing what is commonly known as the Smoky Hill River Renewal Project
and has need for the acquisition of a permanent access easement between Westchester Drive and the
Smoky Hill River channel and related improvements and amenities.
B. Grantor owns the following described real estate (the "Real Estate'):
LOT 1 AND LOT 14, BLOCK 1 OF THE WESTBEND ADDITION TO THE CITY OF
SALINA, SALINE COUNTY, KANSAS, AND THE ABUTTING YMCA DRIVE RIGHT-OF-
W A Y THAT WAS VACA TED BY CITY OF SALINA ORDINANCE 85-9096.
GRANT: The Grantor gifts and conveys to Grantee a permanent public access easement giving
the right of access, ingress, and egress over and across the following described tract located within the Real
Estate as depicted on the attached and incorporated Exhibit A (the "Easement"):
THE WEST 30.00 FEET OF THE EAST 82.00 FEET OF LOT 1 AND LOT 14, BLOCK 1 OF
THE WESTBEND ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS,
AND THE ABUTTING YMCA DRIVE RIGHT-OF-WAY THAT WAS VACATED BY CITY
OF SALINA ORDINANCE 85-9096.
to have and to hold the same forever, together with all rights and appurtenances thereto, in order that (a) the
general public and (b) Grantee's employees, agents, contractors, subcontractors, licensees, and any other
persons authorized by the Grantee shall have pedestrian and vehicular access and circulation, as regulated by
the City, to and from the Smoky Hill River channel and related improvements and amenities.
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.
IMPROVEMENTS: Grantor warrants that it shall not build, erect, maintain or permit any structure,
improvement or obstacle on that portion of the Real Estate subject to the Easement that blocks, impedes or
otherwise interferes with Grantee's rights under the Easement as reasonably determined by Grantee. Grantee,
in its sole discretion, shall have full right to eliminate, remove or abate such obstacle at Grantor's sole
expense.
SURFACING AND MAINTENANCE: Grantee shall be responsible for (a) constructing a
passageway within the Easement of such material and of such width and depth as Grantee determines and
potentially modifies from time to time, at Grantee's sole discretion, and (b) maintaining the surfaced
passageway and any other related improvements Grantee may construct within the Easement to no lesser
standards than its customary surfacing and maintenance standards for public recreational trails and related
.. Boole 1414 Page: 1431
improvements. Grantor shall be responsible for maintaining and mowing the unsurfaced and unimproved
areas within the Easement to no lesser standard than its customary maintenance and mowing of the Real
Estate.
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.
RECORDING AND BINDING EFFECT: This instrument shall be recorded with the Saline
County Register of Deeds. The Easement shall be binding upon and shall run with the Real Estate.
DATED this ~ay of March 2022.
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF SALINA, KANSAS
ACCEPTANCE
CITY OF SALINA, KANSAS
Trent W. Davis, M .D., Mayor oVon
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ~ 2022, by Shanna Rector as Board
Chair of the Young Men's Christian Association of Salina, Kansas.
~h---Q~.~~ Q
No Publi~
Printed name: ~~ S ;t\i,J_..i..)-4-.ft.\.
My appointment expires:
~ D ::: i' 0 r.i,'. '-' S I · ,.. .. · · -;-;::-J ~; 1-.J 1 • ,;, • j\J~i.'\1 ,·
No!ar1 Put!;c -St.:te cf Kansa;;
My Appl. Expires
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ~ ~ 2022, by Trent W. Davis, M.D.
as Mayor and Jo Vonna A. Rutherford as City Clerk of the City o Salina, Kansas.
My appointm~~itJMI· ~.------:--1 Ii • SHANDI L. WICKS ~ Notary Public -State of Kansas
My Appt. Expires Notary Public
Printed name:Jw-d: L. Wic.tcs
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)( 4) and (13).]
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