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Lot 3, Block 1 Misc. Bk l74 PI! l5% IJTILITY EASEMENT This Indenture, made this 29th day of December ,2000 by and between EAST SALINA HOUSING PARTNERS, L.P., a Kansas limited partnership, Party of the First Part and THE CITY OF SALINA, KANSAS, a municipal corporation, Party of the Second Part, WITNESSETH: That the said Party of the First Part for a good and valuable consideration receipt and sufficiency of which is hereby acknowledged, do by these presents, grant, bargain, sell and convey unto said Party of the Second Part an easement in, over and across a strip of land located in a portion of Lot 3, Block 1, Gile Addition and the North 37.13 feet of vacated Claflin Avenue lying adjacent to said Lot 3, in the City of Salina, Saline County, Kansas, being 20 feet in width for utility easement purposes, described as follows: Beginning at the intersection of the North line of said Lot 3 and the Southerly right-of-way line of Kirwin Avenue; Thence S 89°54'30" E a distance of240.02 feet; Thence S 00°02'36" W a distance of31 0.15 feet; Thence N 89°57'24" W a distance of20.00 feet; Thence N 00°02"36" E a distance of71.00 feet; Thence N 89°54"30" W a distance of 114.00 feet; Thence N 00°05"30" E a distance of20.00 feet; Thence S 89°54"30" E a distance of 114.00 feet; Thence N 00°02"36" E a distance of 199.17 feet; Thence N 89°54"30" W a distance of231.69 feet; to a point on the Southerly right-of-way line of Kirwin Avenue; Thence on a curve to the left having a radius of 50.00 feet, an arc distance of23.38 feet, a chord bearing ofN 30°23'24" E and a chord distance of23.16 feet along said Southerly right- of-way line to the Point of Beginning. Contains 12,978.97 square feet. For all of the rights of ingress and egress of the said Party of the Second Part, its servants, officers, employees and contractors for the purpose of the construction, installation, repairing, replacing and maintaining public utilities in perpetuity. IN WITNESS WHEREOF, said Party of the First Part have hereunto set their hand, the day and year first above written. STATE OF KWAS } C/ )... \ FI.ED FOR RECORD COUNlY OF SAUNE ss. \ 'J IN fI{ OFFICE AT 3.~.CI.OCK JAN 2 - 2001 AND DULY £. M. RECORDED ~/7 ~ OF~5AGE~ \/) [' ~ REG. Of DEEDS EAST SALINA HOUSING PARTNERS, L.P. /'~ ~. ~~-- Garrison L Hassenflu, President, East Salina Housing Corporation, General Partner By: STATE OF KANSAS, JOHNSON COUNTY, ss: BE IT REMEMBERED, that on the cP Ff day of ~ . , 2000, before the undersigned, a Notary Public in and for the county and state aforesaid came Garrison L Hassenflu who is personally known to me to be the same person who executed the above and foregoing instrument of writing on behalf of EAST SALINA HOUSING PARTNERS. LP. and duly acknowledged the execution of the same. IN WITNESS WHEREOF, the day and year last above written. I have hereunto subscribed my name and affixed my official seal ~L ÑOTARY~IC My Commission Expires: ( t7.-11-~/ ~ My:~~mh-/111 STATE Of KAIIIAS .......,.. ~ Co~- \7ð-j ~t / ú (¡ o'J