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Lot 4, Block 3 .. "" ~-" 1 Mise. 8k.L'IJL.. Pi g< .2.P PERMANENT DRAINAGE EASEMENT THIS INDENTURE, made this 't~ day of February, 1999, by and between FLOYD BERNHARDT and WANDA E. BERNHARDT, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"). WITNESSETH: The Grantor for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, a permanent drainage easement in, through, over, and across a certain portion of land owned by the Grantor, more particularly depicted and described on Exhibit A attached to this Permanent drainage easement, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, Îor purposes of constructing, installing, and maintaining a storm sewer system pipeline in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent drainage easement the day and year first above written. \~ B L~~£/ft F oyd ernhaÌdt , . ,/-.) ~. ¡I). ~ I' / -- 'tÍ) y/'2 ~ / ." ", ¿~/J ) " . a,~ eLf Wanda E. B ardt STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this If-tA, day of February, 1999, before me, the undersigned, a notary public in and for the county and state aforesaid, came Floyd Bernhardt and Wanda E. Bernhardt, husband and wife, who are personally known to me to be the same persons who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ,---",'-.- m~Ð SIN'£tWNO i .., NOT Mrf ¡.<.Jil..lC - STATE Of KANSAS SY ",", I!'Y.I'IRL'¡S CJ c~ ~ ~ Â.euJJ . JameS Swedlund Notary PublIc [A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)] STATEOFKANSAS l v t-.. \ couNTVoFSAuN£I~' I~ d:.t!bCLOCK ß:M. '" ' '"' Mi~, Bk1!1JL pg_Y:2.--1 . 't. . Tt::MPORARY CONSTRUCTION & DRAINAGE EASEMENT Owner. Floyd &- Wondo Bernhart 1624 £ Beloit Ave, Salina, Kansas 67401 (785)825-5719 PROPERTY DESCRIPTION: Lot Four (4) less the east len feet (to? thereof in Block Three (3) of Eostgote Addition to the City of Salina, Soline County, Konsos. f Beloit Ave. ~- -fí- 83.42' ~ ~ - ~ ~ ~ C'\ - 4 i r = 50' 83.42' ~o ~ Droinage Easement ~ Temparary Canstruction Easement DRAINAGE EASEMENT DESCRIPTION: The west ten (10) feet of the east twenty (20) feet af Lot Four (4) in Block Three (3) of the Eastgate Addition to the City of Salina, Saline Caunty. Kansas, cantaining one thousand twa hundred twenty-nine (1,229) square feet, mare or less. TEMPORARY CONSTRUCTION EASEMENT: The west five (5) feet of the east twenty five (25) feet of Lot Four in Block Three (3) of the Eastgate Additian to the City of Salina, Saline County. Kansas, containing six hundred fourteen (614) square feet, more or less. ~i:P ~I 'm.by ~~~ Exhibit A . , , ~. MÎ!iC. Bk ..J.!1JL Pg Q d.;;l.. CONSENT TO EASEMENT The undersigned Mortgagee, consents to the grant of easements by the Mortgagors to the City of Salina, Kansas (the "City"), as follows: 1. The names of the Mortgagors are Floyd Bernhardt and Wanda E. Bernhardt. 2. The name of the Mortgagee is UMB National Bank of America. 3. Mortgages are: A. dated January 291996, and recorded February 1, 1996, at Book 520 of Mortgages, pages 925-929; and, B. dated August 6, 1996, and recorded August 13, 1996, at Book 532 of Mortgages, pages 963-967, both in the records of the Register of Deeds of Saline County, Kansas. 4. Mortgagors intend to convey to the City A. a permanent drainage easement (the "Easement") for the purpose of constructing, installing, and maintaining a storm sewer system pipeline in perpetuity B. a temporary construction easement (the "Easement") for the purpose of installing the storm sewer system pipeline, for a term of one (1) year commencing with the date of this indenture. The permanent drainage easement and temporary construction easement are more particularly depicted and described on the Engineering Drawings attached as Exhibit A to this Consent to Easement. 5. This Consent to Easement shall not affect the mortgage liens as they apply to the property described in the Mortgages. STATE OF KANSAS } ~ ~+t COUNTY OF SAlINE FILED fOR RECOfm '" MY ØfICE OM, FEB 2 6 1999 AT J; .2.£0.~. AN.c~=;l - ~d-l+ ~' OF DEEDS Dated this /9lLdayof Fë61"¡/~ ' 1999. UMB NATIONAL BANK OF AMERICA By: ~ ;¡¿: ~~~ S;-~e.>"\. k. .ph.~/I,;os [Name] V t 'c-e. ß. Ii? r,' J~+- [Title] .. . ." . M¡~c. Bk 1!l!L Pg ~~ I . STATE OF .!z l. ~q---l:-d2Z¿ COUNTY,ss: ,/ /BE IT REMEMBERJ:D, that on this /!}!/j day oi/t'iü¿ 1999, before me, the und -" ed, a 0 ",. 1.!~ in. ~d for t?e.' , ~oun an state aforesaid, came c~ -'. ~ / ) . . 7 t(. /J , / ¿ X. ~. of UMB a . onal Bank of erica who is ersonally known to me to e the same person who executed the fo egoing Consent to Easement on behalf of said mortgagee and said person duly acknowledged the execution of the same as the act of said mortgagee. IN WITNESS WHEREOF, I have hereunto set my hand and ~ffixed my notarial seal the day and year last above written. / í' ./ ~ /' / l --:::"-C1?d ¡- 4uí~ ~ ~~t~ ~í, 'Ii-: // .&. SARAH GARDENHIRE Notary Public. Siale ",/ Kansas A I. Ex Ires - -:,;? / -2- ;:~t: -1!l1J... PIIK.2H. . . .~:. r TEMPORARY CONSTRUCTION & DRAINAGE EASEMENT Owner: Floyd &- Wanda Bernhart 1624 £ Beloit Ave, Salina, Kansas 67401 (785)825-5719 PROPERTY DESCRIPTION: Lot Four (4) less the east ten feet (10? thereof in Block Three (3) of Eastgate Addition to the City of Salina, Saline County, Kansas. f Beloit Ave. ~- iT- 83.42' ~ ~ C'\ - ~ ~ - 4 i 1" = 50' ~ Drainage Easement ~ Temporary Construction Easement DRAINAGE EASEMENT DESCRIPTION: The west ten (10) feet of the east twenty (20) feet of Lot Four (4) in Block Three (3) of the Eastgate Addition to the City of Salina, Saline County, Kansas, containing one thousand two hundred twenty-nine (1,229) square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT: The west five (5) feet of the east twenty five (25) feet of Lot Four in Block Three (3) of the Eastgate Addition to the City of Salina, Saline County. Kansas, containing six hundred fourteen (614) square feet, more or less. rf) \0/ Mlæ, 7il~ ¥~1L~ /J Exhibit A