Lot 1 (No Build)
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~'""" REBECCA SEEMAN
/:;'~,,,,,~,e,e;'IlEGISTER OF DEEDS SALINE COUNTY KANSAS I
'(J-i~""""'<'\ 6ook: 1175 Page: "110 ,
.\...,.o'ro;o'".):) Rllceipt .: 4\94\72 C\.I Recol"ding Fell: f24\.00
'II' .................../ Pagee Recorded' 5 \" /J.. ---- -D"...._^_.I
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Date Recorded: 6/16/2006 "1:2"1:"16 PM
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NO BUILD EASEMENT
THIS INDENTURE, made this 4-1b day of, lv'A~G~, ' 2008, by and between GATEWAY
ADAMS, INC., a Califomia 501 (c)(25) corporation with an address of c/o Emmes Asset
Management Co, LLC, 420 Lexington Avenue, Suite 900, New York, NY 10170, (the
"Grantor") and the City of Salina, Kansas, a municipal corporation ("the City"):
WITNESSETH: That the Grantor does hereby convey unto the City a perpetual No
Build Easement over and across 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 for the purpose of insuring and maintaining a
minimum twenty-five (25) foot clear space for fire apparatus to insure Fire Department
access to the adjoining retail building and property to the south.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES PROHIBITED. Grantor shall not erect any
structure of any kind including fences over or within the Easement Area without
obtaining the prior written approval of the Building Official.
2. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with
the land and shall be binding on Grantor and on Grantor's successors and
assigns. '
3. APPROVAL BY THE JURISDICTION. This Easement shall not be released or
modified in any;way without the x ress written approval of the City.
IN WITNESS WHEREOF, the Grantor h s h reunto caused this instrument to be
executed the day and year first above wri en.
By:
Ita: Au
By:
ment 1"ltm,p&D,y LLC
lle.ry ll.
Authorlzed 8/gDator,y
2276767v2
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Book: 1175 Page: 411
STATE~~~,
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BE IT REMEMBERED, that on this L- ay ov ~~i 2008, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Go or>, M.
li5Ch\er, AuIho":,,..ec! S''3Y\C\-Iory of Gateway Adams, Inc., who is personally known to
me to be the same person who executed the above and foregoing instrument of writing
and duly acknowledged the execution ofthe same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affIXed my official
seal the day and year last above written.
~~UbIiC
Commission Expires:
&"~ /atfY/ .
GRACE ALVAREZ
NoIalV Public . Ital. of New YarIt
NO. OIAl617226~
Qualified In Nanou C!}t,""
My Commllllon bpi'.. Y. 't:./dlO/1
2276767v2
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Book: '1175 Page: 412
CITY OF SALINA, KANSAS
ACCEPTED BY:
John
ATTEST:
~
STATE OF KANSAS, COUNTY SALINE, SS:
On this 1;j;IR day of May 20QEl., before me a Notary Public in and for .
said state, personally appeared jOhrftVanier II, 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,
~j J--l. Dt@tJ.
No ry Public '
1'\. SHANDI L. WICKS
~ Notary Public. Slate of Kansas
My Appt. Expires
Book: 1175 Page: 413
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EXHIBIT A
LEGAL DESCRIPTION
for
No Build Easement
A tract of land located in the Northeast Quarter (NE y.j) of Section Thirty-five (35),
Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in
Saline County, Kansas, being more particularly described as follows:
Commencing at the Southwest Corner of Lot 1, Midstate Plaza Addition, Said poin.t also
being the Northwest Corner of Lambertz Addition;
Thence North 90.00'00" East a distance of 91.37 feet to the POINT OF BEGINNING;
THENCE North 00' 00'00" West a distance of 25.00 feet;
THENCE North 90'00'00" East a distance of 380.00 feet parallel with the South line of
said Midstate Plaza Addition;
THENCE South 00'00'00. East a distance of 25.00 feet to a point on the South line of
said Midstate Plaza Addition and the North line of said Lambertz Addition;
THENCE South 90'00'00" West a distance of 380.00 feet along the South line of said
Midstate Plaza Addition and the North line of said Lambertz Addition to the POINT OF
BEGINNING.
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LOCATION MAP , ~'T~IWI
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H35 R/W
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Book: 1175 Page: 414
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~AGNOUA ROAD
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SCHIWNG ROAD
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