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Temp. Construction Easement (Tract #4 & 5) ",...;"~;'~"", REBECCA SEEMAN Z~~.....",.....t"!:fEGISTER OF DEEDS SALINE COUNTY KANSAS {:(~t:~$.'~~\~':j' Book: 1212 Page: 2~5 ~.. "'R' # ,......." .....i. i ecelpt : 63661 Recording Fee' f2"100 'j, .t"'"....,...~./ Pagee Recorded: 5 C N /J. _ _ _0 . '~~\"O~..:~~~ ft.I.I.Jl!LYJ3- ~~ Date Recorded: 5/20/2010 2:13:2~ PM TEMPORARY CONSTRUCTION EASEMENT On this ILI-Ih day of May, 2010, the following GRANTORS: Michael C. Brown and Eleo Beth Brown, a/k/a Eleonora E. Brown, Trustees of the Revocable Inter Vivos Trust of Michael C. Brown, dated January 22, 1990; and Eleo Beth Brown, a/k/a Eleonora E. Brown and Michael C. Brown, Trustees of the Revocable Inter Vivos Trust of Eleo Beth Brown, a/k/a Eleonora E. Brown, dated January 22, 1990 (collectively, "the Trusts") 'J)A o..f .s",\\nc.} K'a.n5elSJ hereby grant, bargain, sell, and convey unto the City;' a temporary construction easement in, through, over, and across the two tracts of real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B (the "Temporary Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of access, storage of materials and equipment, and surface reshaping or regrading, for a term of one (1) year from the date of this indenture. Upon being first duly sworn upon oath, GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trusts; (2) the Trusts are revocable trusts; (3) the Trusts remains in full force and effect at this time; (4) GRANTORS are the duly qualified and acting Trustees under the Trusts; and (5) as such Trustees, GRANTORS are authorized, pursuant to the Trusts and without any limitation whatever, to convey the rights granted hereby. IN WITNESS WHEREOF, the undersigned duly authorized Trustees of the Trusts have set their hands the day and year first above written. THE REVOCABLE INTER VIVOS TRUST OF MICHAEL C. BROWN, DATED JANUARY 22, 1990 THE REVOCABLE INTER VIVOS TRUST OF ELEOBETH BROWN a/k/a ELEONORA E. BROWN, DATED JANUARY 22,1990 ~~g; ~ By:" #-- A:Y~ ichael C. Brown, Trustee Bya~J~~~ Michael C. Brown, Trustee BQuk~ 1212 Page~ 246 By: .~~ ~ Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee By: t.~~~ Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee ACCEPTED BY: CITY OF SALIN~NSAS By: Ad~. ~Ck'::;::-- ATTEST: BY:~ Lieu Ann Elsey, City Cle STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this d day of May, 2010, by Michael C. Brown and Eleo Beth Brown, a/k/a Eleonora E. Brown as Trustees of the Revocable Inter Vivos Trust of Michael C. Brown, dated January 22, 1990 and Eleo Beth Brown, a/k/a Eleonora E. Brown and Michael C. Brown as Trustees of the Revocable Inter Vivos Trust of Eleo Beth Brown, a/k/a Eleonora E. Brown, dated January 22, 1990. fl. LaDDNNA BENNETT ~ Notary Public-StateofKansas My Appt Expires October 23,.:2D f/) -LlJaJUo,Lr"la-J ~L1J i::t ~otary PublIc My appointment expires: ID -..1-3 -I D STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this/l day of May, 2010, by Aaron G. Peck as Mayor and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. A. laDONNA BENNETT ~ Notary Public - State of Kansas My Appt. Expires October 23, .~/() ~/10 ) ~-AJ<Ji::; Notary Public My appointment expires: ID'1-:~:r(O [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- t:;:! Cf3na II ~47 ..,- " 'l;lI:I~ I 'L.. EXHIBIT A lVUCHAEL C. BROWN TRUST ELEONORA E. BRO'W'N TRUST Tract No.4 Tem{Wrary Canmucl:ion Easement #1 (SWt4) adismttlZe' a a distance, Tl<~d:No. 5 T_por'iliry~~~~ti~ll,l~..t*' 1 BQQk~ 1212 Page~ 248 :n,213.1 acres, a4rfJ. le..i 1\~'1 ~m aOlsl Book: 1212 Page: 249 EXHIBIT B Temporary OWNERS: Michael EJeonoro & GT SW!4 Temporary Construction EQsement Faa of beginning t '_D:-