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Lot 135 ,,:.. . t'!: " NO BUILD EASEMENT This INDENTURE, made this 3 r cl day of November 2008 by and between CHRIST EPISCOP AL CATHEDRAL ("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 ten (10) foot separation between a detached garage on the Ashby House property and any future structures on the adjoining CHRIST EPISCOP AL CATHEDRAL property. 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 express written approval of the City. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the ' day and year first above written. (k1t:;P~ ) CAROLYN P TERSON, Senior Warden for the Vestry of CHRIST EPISCOPAL CATHEDRAL # . <: ~.1 Booh:1185 Page: 1495 STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ~ 1.5+ day of jan I 200?before me, the undersigned, a notary public in and for the county and state aforesaid, came Carolyn Peterson, the Senior Warden for the Vestry of Christ Episcopal Cathedral, 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 of the same. IN WITNESS WHEREOF, I have he~eunto subscribed my name and affixed my official seal the day and year last above ~ ' . W~LmtlJfPjl~ otary Public JOAN MEYSENBURG Notary Public - State of Kansas . ~line County My CommISSion Expires I...:J.I-:Jl)/d, BLF - 176, Rev. 04-2005 .: \ Bookl 1185 Pagel 1496 EXHmIT A The property subject to this No Build Easement is legally described as: Lot One Hundred Thirty-Five (135) on Walnut Street in the Original Town of Salina, Saline County, Kansas. >>. \ JjOOJ(: ~age:1497 EXHIBIT B /Afd ji"aqS lpq8lg1l -r- {cIJ .oE~ 00 .6L.If:~ (SJS8ID g ..0o.oo0OO N 1Of: ..00.00000 N lID ~I:! ~.~ ~ ~ .! S - ~j ~ .... ~~..: ~a -eJ- ;) 0 ." .... .~ I > it 8 ita ~ d to.. ." ,.... "" ....e:, f~ .... t atg S ~ ;"N ~ .... ::: ~~ N" f'4I &,.- oo~ ~ ~ '" - J ~ ~ .... c Cif) .1-. - ~ Q ~ '" .... '" 00 .... . ." sJ 0 ~ .... CIl .f I .~ rn J l:tl ~g ~d I ~A1td ~pqdsv ~ c =a] .... :::!<C oo~ .... :z .. tt\~ C) ::JW 0'& &... mn: oo~ .... ~d z 0<C z Of: (d) .o~ (d) .00 I .00.~1 M. ..tl.lloOO N I ~ ::4= _L - - NJH 19aQS lpOIN'" ~ ~\:) - \J...r'\ ~ ~ ~ 'fYJ d ~ ~ RECORDED AT FILERS REQUEST (GrM18r f\QMe ')