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Utility Easement . ... .. REBECCÇ¡ SEEMAN REGISTER Of DEEDS V" I ~INE COdNTY KANSAS Iv Book: 1123 Page: 1592 Receipt I: 32880 Total Fees: $20.00 Pages Recorded: 4 Date Recorded: 317 /200f., 12:25:35 PM GRANT OF PERMANENT UTILITY EASEMENT THIS INDENTURE, made this ~~ay of January, 2006, by and between FRANK C. NORTON and JEANNE M. NORTON, Trustees of the Revocable Inter Vivos Trust of Frank C. Norton, dated May 13, 2002, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City that certain portion of land owned by the Grantor as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as a public utility easement, in perpetuity, (the "Utility Easement") for the purposes of locating, constructing, excavating, and maintaining: Poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic communications by the City, its franchisees, and its licensees. Grantor acknowledges that this Grant of Permanent Utility Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. Grantor hereby covenants that it is the lawful owner of the described real estate and has the right, power, and authority to convey the rights granted hereby. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the day and year first above written. ~~ ÞU-- STATE OF KANSAS, SALINE COUNTY, ss: 'fh BE IT REMEMBERED, that on this 30- day of January, 2006, before me, the undersigned, a notary public in and for the county and state aforesaid, came FRANK C. NORTON and JEANNE M. NORTON, Trustees of the Frank C. Norton Revocable Inter Vivos Trust, dated May 13, 2002, who are personally known to be the same persons who executed the within instrument of writing and such persons duly acknowledged the execution of the same on behalf of the trust. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. $ÌJ.u;J. ;{ -1~é~ry Public ~ DEBORAH:". Rc.;¡r;EI'$ERGER -.. - Notary p..JbliC. - C!atc 01 :\.afl3a!> ,- - My AppI. ~;>!ra~ . . . . 1\ Book: 1123 Page: 1593 CITY OF SALINA, KANSAS ACCEPTED BY: ~ aL ~ Deborah Divine, Mayor STATE OF KANSAS; COUNTY OF SALINE, SS: On this ~~~day of January, 2006, before me a Notary Public in and for said state, personally appeared Deborah Divine, Mayor, and Lieu Ann Elsey, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the agreement on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. ~ /V1 1. -6.c Iï ,., e -rL otary Public ß. laDONNA BENNETT ~ Notary Public - State of Kansas My A pt. Expires October 23, ..2Q::) -2- EXHIBIT A Book: 1123 Pa e: 1594 ~ 1itXl1rn&-lN~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 .. . " ~al Description A parcel in the SE 1/4 of S29- T14S-R2W, Saline County, Kansas Legal Description (10' Utility Easement across Frank Norton, Trust) A parcel ofland located in the Southeast Quarter of Section 29, Township 14 South, Range 2 West of the 6th Principal Meridian in the City of Salina, Saline County, Kansas, being 10.0 feet in width and used for utility purposes, and is more particularly described as follows: Commencing at the Southwest comer of said Southeast Quarter; thence on an assumed bearing ofN 89°26'52" E along the South line of said Southeast Quarter a distance of 898.00 feet; thence N 00°33'0511 W along the West line of Magnolia Hills Addition a distance of 1307.03 feet to the Northwest comer of said Magnolia Hills Addition said point being the POINT OF BEGINNING of the parcel to be described; - thence continuing N 00°33'0511 W a distance of 1341.19 feet to a point on the North line of said Southeast Quarter; - thence N 89°34'57" E along said North line a distance of 10.00 feet; - thence S 00°33'05" E a distance of 1341.17 feet to a point on the North line of said Magnolia Hills Addition; - thence S 89°26'26" W along said North line a distance of 10.00 feet to the POINT OF BEGINNING; Said parcel contains 13,412 square feet, more or less, and is subject to easements, reservations and restrictions of record. Date: 6/10/05 Proj. #: 05-3902 : #1410 Page: 1 of 2 EXHIBIT B Book: 1123 Page: 1595 ~ ' . .... , ~ l~RftyfJGcJ rnä ~N~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 BLOCK 1 10 -~ ---- Sketch - ..-c A parcel in the SE 1/4 of S29- T14S-R2W, Saline County, Kansas BLOCK 2 SCALE: 1 "=200' 200 0 ~ 200 BLOCK 7 ---- 22 23 BLOCK 6 ------- N 89°34'57" E 10.00' N 00°33'05" W 1341.19' ----------- ----- S 89°26'26" W 10.00' ~ Ìr\~ 00 ~r-.: """'0 ° ...,.., 0...... 0 Z Date: 6/1/05 Southwest Corner Southeast Quarter S29- T14S-R2W POINT OF COMMENCEMENT N 89°26'52" E 898.00' South line SE 1/4 MAGNOLIA ROAD Proj. #: 05-3902 Page: 2 of 2 ~~~ D~ Ut.\f'C.. LJ'\'\~