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Lot 7 - 10, Block 13 . . . . . . 'i. JJ.2... Pi \ ~í GRANT OF PUBLIC RIGHT-OF-WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this I~ day of March, 2000, by and between ST. MARK EV ANGELICAL LUTHERAN CHURCH, a Kansas corporation, (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 are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City the following: Public Right-of-Way. A public right-of-way for the purposes of constructing, repairing, replacing, and maintaining public street and drainage improvements, traffic signals, and public utilities, in perpetuity. Permanent Easement. A permanent easement in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing and maintaining public utilities, street drainage, street signage, and sidewalk improvements, in perpetuity. Temporary Construction Easement. A temporary construction easement, in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years commencing with the date of this Indenture. all as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first above written. By: S1. Mark Evangelical Lutheran Church '1 L lJSua V\'l c.l c t'-é Br i.i1n Lowe t I J. !_~_,L. .... ¡ [Name] [Title] STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 17-bf;..day of March, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came l3flJItIt'1.6 (V& f'(1' C:::S J f.) ,::=-,1/'7 of ST. MARK EV ANGELlCAL LUTHERAN CHURCH, who is . . MiSC.8k~P£ l~'ð... 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 on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. f. -.-. - -"~""ffiJ". JAMØ ~ UNO M,,'Nn' PYIUC & fT._TrOll KAHW ;; 4Ity.~ 'iUf."«<.ø, ' :.....__..,--"".,,-,.~~ - My appointment expires: [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] ¥(j 1 ~ ,1  . I~ 4i"tJ.(U.;- . . Notary PublIc -2- . . Mísc. 8k..l1i. i'f Ißq ~ St. Mark Evangelical Lutheran Church City of Salina Project 98-1138 Ohio Street, Tract 7 RIGHT OF WAY ./ A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N OooOO'OO"E a distance of 20.00 feet to the point of beginning; thence continuing N Ooooo'oo"E along said West line, a distance of 224.53 feet; thence S 03°46'37"E a distance of98.68 feet; thence S oooOO'OO"E a distance of 108.96 feet; thence S 40o49'IO"E a distance of 22.18 feet to a point on the existing Northerly right of way line of Magnolia A venue; thence S 89°08'22"W along said existing Northerly right of way line a distance of 21.00 feet to the point of beginning, containing 1262 square feet, more or less. . PERMANENT EASEMENT ./ A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N ooooo'oo"E a distance of 244.53 feet to the point of beginning; thence continuing N ooooo'oo"E along said West line a distance of 46.]9 to the Northwe~t . corner of Lot 10; thence N 90ooo'00"E along the North line of said Lot 10 a distance of 1.97 feet; thence S 03°45'08"E a distance of 145.57 feet; thence S ooooo'oo"E a distance of 22.03 feet; thence S 12°47'20"E a distance of 1 06.14 feet to a point on the existing Northerly right of way line of Magnolia A venue; thence S 89°08'22"W along said existing Northerly right of way line, a distance of 14.00 feet; thence N 40o49'1O"W a distance of 22.18 feet; thence N ooooo'oo"E a distance of 108.96 feet; thence N 03°46'37"W a distance of 98.68 feet to the point of beginning, containing 2385 square feet, more or less. CONSTRUCTION EASEMENT v A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Sãline County, Kansas described as follows: Commencing at the Northwest corner of Lot 10; thence Easterly along the North line of said Lot 10 on an assumed bearing of N 90ooo'00"E a distance of 1.97 feet to the point of beginning; thence continuing N 90ooo'OO"E along said North line a distance of 4.03 feet; thence S oooOO'OO"E a distance of 21.00 feet; thence N 90ooo'00"E a distance of 1 0.00 feet; thence S OooOO'OO"E a distance of 166.11 feet; thence N 12°47'20"W a distance of 20.33 feet; thence N oooOO'OO"E a distance of 22.03 feet; thence N O3°45'08"W a distance of 145.57 feet to the point of beginning, containing 1279 square feet, more or less. Exhibit A INIISON & COMPANY . ,. 112> 1 'tQ- PERMANENT EASEMENT v- A tract ofIand in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N Ooooo'oo"E a distance of 1 0.00 feet; thence N 89°08'22"E a distance of 300.00 feet to a point on the East line of Lot 10, Block 14; thence S oooOO'oo"E along said East line a distance of 10.00 feet to the Southeast corner of said Lot 10; thence S 89°08'22"W along the South line of said Lot 10, Block 14 and Lot 6, Block 13 a distance of 300.00 feet to the point of beginning, containing 3000 square feet, more or less. CONSTRUCTION EASEMENT v A tract of land in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N ooooo'oo"E a distance of 1 0.00 feet to the point of beginning; thence continuing N oooOO'oo"E along said West line a distance of 10.00 feet; thence N 89°08'22"E a distance of 149.20 feet; thence N 80o51'54"E a distance of55.61 feet; thence S 83°15'58"E a distance of 90.81 feet; thence N 89°08'22"E a distance of 5.70 feet to a point on the East line of Lot 10, Block 14; thence S ooooo'oo"E along said East line a distance of 6.00 feet; thence S 89°08'22"W a distance of 300.00 feet to the point of beginning; containing 3377 square feet, more or less. IN, ISO IV & COMPANY 1 M¡¡¡co Bk...L.13.- pg....!!L RIGHT OF WA Y AND EASEMENT ACQUISITION '.. . , . I 0 . . OWNER: St. Mark Evangelical Lutheran Church SALINA. KS 67401 , ' , ' , . , ' , ' , ' , ' : 3 : , ' , ' 10 i i - -_uo___n_unnunou-'_u--_n_u--__--_--___--n__' Q) ~on_--n_"_---n--__--n-"- i 4 i > : T /E :,' Lots 3-/0: ï::: : 9 a : 12 ~ ¡ less the S. ~O' ~ ~__wnwu__w_-($--L1¡1~/g~f3~¡ë~: :~ ~ ~_w__u~--@,...mm- 8 ¡ S. 20' Lot 10. BIQck 14-0 i Mayfair Addition ~ II : 5 : 0 ----",---______n_____-:-______h_-------------------: U '0--'---------'---------"'--- , '0 : 10 : 6 : > Iq 149.2' ¡ :___'2J_~-'-4:o____-----,------ 300' 10' P/E Sec. Line lu SOUTH LINE OF SOUTHWEST QUARTER OF SECTION 30. T/4S Rm . $ M AGNOLI A ROAD iG ~ r- Q: e: I I, V) V) ~ a I ¡::::J:: I àC) I "ì ~ ð 2' 4' ¡::: (.) luCD V)c:: "- lJ...-..JV) C)cJà Q:~ lu C) I-- Q: "'J: ~ $ a "- I-- Q: V) .....: lu "~ $ ~ ::r: I-- ~ C) V) lJ... C) lu ~ -..J 13 /0' 7 \ \), rÐ- ~ 71I~.J- L~ LEGAL DESCRIPTION: STATE OF KANSAS } c:. ^ ( COUNTY OF SALINE 55. I V FilED FOR RECORD IN MY OFFICE ON MAR ~ 4 2000 AT ~ :£Qo1~~CKå.M. AN~ RECORDED RJ~~~REG. Ò:~~~~ 7 -I 't, -1 1- I" = 100' Exhibit B C;F{:' DlJr,r::- ? nF , "T his does not constitute a legal survey. drawing is for '~~~--~+'~~_I ~.._----- _~I.." n^rr- I nr 0 . .. '. AGREEMENT This Agreement is made this/7bt-day of March, 2000, by and between ST. MARK EV ANGELICAL LUTHERAN CHURCH, a Kansas corporation, (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"). RECITALS A. The City, in conjunction with the South Ohio Street Improvement Project, wishes to acquire from the Owner certain public right-of-way over a portion of land owned by the Owner. B. The City, also in conjunction with the South Ohio Street Improvement Project, wishes to acquire from the Owner a permanent easement in, through, over, and across a certain portion of land owned by the Owner for the purpose of constructing and maintaining public utilities, street drainage, street signage, and sidewalk improvements in perpetuity. C. The City, also in conjunction with the South Ohio Street Improvement Project, wishes to acquire from the Owner a temporary construction easement affecting a certain portion of land owned by the Owner for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years. D. The City has caused the public right-of-way, permanent easement, and temporary construction easement to be acquired to be appraised and has negotiated a purchase price with the Owner, all in the manner prescribed in Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. E. It is the desire of the Owner to convey the public right-of-way, permanent easement, and temporary construction easement to the City upon the terms and conditions contained in this Agreement. FOR AND IN CONSIDERATION of the mutual and reciprocal promises and agreements set forth herein, the parties agree as follows: 1. Description. The public right-of-way, permanent easement, and temporary construction easement to be conveyed by the Owner to the City shall be as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Right-of-Way", "Permanent Easement", and "Temporary Construction Easement"). " . . 2. Compensation. The City agrees to pay the Owner upon closing the total sum of Eleven Thousand Four Hundred Eighteen and 761100 Dollars ($11,418.76) for the Right-of-Way, Permanent Easement, and Temporary Construction Easement consisting ofthe following: a. Right-of- Way 1,262 sq. f1. @ $1.25/sq. ft. Permanent Easement 2,385 sq. ft. @ $1.25/sq. ft. Permanent Easement 3,000 sq. f1. @ $1.25/sq. ft. Temporary Construction Easement 1,279 sq. ft. @ $1.25/sq. ft. 72 Temporary Construction Easement 3,377 sq. ft. @ $1.25/sq. ft. 7 2 Damages to remaining property Reduced utility $1.577.50 b. 2.981.25 c. 3,750.00 d. 799.38 e. 2,110.63 f. 200.00 Total Compensation $11.418.76 3. Access Drive. In order to provide reasonable access to Owner's property during construction of the project the City shall construct, at the City's expense, a new driveway at the east end of Owner's property on Magnolia Road, including concrete curb and gutter, concrete driveway approach 30 feet in width, and gravel driveway 20 feet in width back to the Owner's existing parking lot. 4. Other Terms and Conditions. The City further agrees: a. The City agrees to pay the actual cost of the natural gas service line relocation required by the project. The work will be performed by a contractor agreed upon by the Owner and the City. b. The City agrees to provide to the Owner the earthen fill material removed from the trench adjacent to the Owner's property. The Owner agrees to provide an on- site location and method of storage of the fill material. c. The City shall provide seeding for all areas disturbed by any project related construction activity on the Owner's property. 5. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Right-of-Way, Permanent Easement, and Temporary Construction Easement (the "Real Estate") and that the Real Estate is not subject to any contract for sale or other liens and encumbrances, except none. -2- " . . . 6. Documents. The Owner agrees that the Right-of-Way, Permanent Easement, and Temporary Construction Easement shall be conveyed to the City by the Owner's execution and delivery to the City of a Grant of Public Right-of-way, Permanent Easement, and Temporary Construction Easement identical to the copy attached as Exhibit C to this Agreement, which shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 7. Partial Mortgage or Other Lien Release. In those cases where the Real Estate is subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and acknowledged partial mortgage release or release of lien, releasing that portion of the real estate to which the Right-of-Way relates from any mortgage or other lien encumbrance. Any partial mortgage release or other lien release documents shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 8. Consent to Easement. In those cases where the Permanent Easement and Temporary Construction Easement are subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and acknowledged consent to the easement executed and acknowledged by a duly authorized representative of the lienholder. Any consent to easement shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 9. Closing. Closing shall take place on or before the Owner shall: , 2000. At closing a. deliver to the City the fully executed and acknowledged Grant of Public Right-of- Way, Permanent Easement, and Temporary Construction Easement document, b. deliver to the City any necessary partial mortgage release or other lien release documentation, c. deliver to the City any necessary consent to permanent easement documentation. d. provide the City with any other necessary information such as the Owner's current mailing address and tax identification number, at which time the City shall pay Owner the total compensation set forth in paragraph (2) above. 10. Possession. The City shall be entitled to possession of the Right-of-Way, Permanent Easement, and Temporary Construction Easement immediately upon closing. The Temporary Construction Easement shall be effective for a term of two years, commencing upon the date of the Temporary Construction Easement document. 11 Nonassignable. The Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. -3- " 12. Binding Effect. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and authorized assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. "Owner" By ST. MARK EVANGELICAL LUTHERAN CHURCH /Î' 1/ 1; ,(ÜVV\ ;þ-¿¡ 'è (' U&1;)Y1ti Tax ID No. Yf - Dt 7 :J J ìJ> [Name] [Title] CITY OF SALINA, KANSAS By ~ /~~ ~-, Dennis M. Kissingér, y Manager -4- St. Mark Evangelical Lutheran Church City of Salina Project 98-1138 Ohio Street, Tract 7 RIGHT OF WAY A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N oooOO'OO"E a distance of 20.00 feet to the point of beginning; thence continuing N oooOO'oo"E along said West line, a distance of224.53 feet; thence S 03°46'37"E a distance of 98.68 feet; thence S oooOO'OO"E a distance of 108.96 feet; thence S 40o49'1O"E a distance of 22.18 feet to a point on the existing Northerly right of way line of Magnolia A venue; thence S 89°08'22"W along said existing Northerly right of way line a distance of 21.00 feet to the point of beginning, containing 1262 square feet, more or less. . PERMANENT EASEMENT A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N oooOO'oo"E a distance of 244.53 feet to the point of beginning; thence continuing N OOOoo'OO"E along said West line a distance of 46.]9 to the Northwe~t . corner of Lot 10; thence N 90ooo'00"E along the North line of said Lot 1 0 a distance of 1.97 feet; thence S 03°45'08"E a distance of 145.57 feet; thence S ooooo'oo"E a distance of 22.03 feet; thence S 12°47'20"E a distance of 106.14 feet to a point on the existing Northerly right of way line of Magnolia Avenue; thence S 89°08'22"W along said existing Northerly right of way line, a distance of 14.00 feet; thence N 40o49'1O"W a distance of 22.18 feet; thence N ooooo'oo"E a distance of 108.96 feet; thence N 03 °46'37"W a distance of 98_68 feet to the point of beginning, containing 2385 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Sãline County, Kansas described as follows: Commencing at the Northwest corner of Lot 10; thence Easterly along the North line of said Lot lOon an assumed bearing of N 90o00'00"E a distance of 1.97 feet to the point of beginning; thence continuing N 90ooo'OO"E along said North line a distance of 4.03 feet; thence S oooOO'oo"E a distance of 21.00 feet; thence N 90o00'OO"E a distance of 1 0.00 feet; thence S ooooo'oo"E a distance of 166.11 feet; thence N 12°47'20"W a distance of20.33 feet; thence N ooooo'OO"E a distance of 22.03 feet; thence N O3°45'08"W a distance of 145.57 feet to the point of beginning, containing 1279 square feet, more or less. Exhibit A INIISOIV & COMPANY " . . PERMANENT EASEMENT A tract of land in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N Ooooo'oo"E a distance of 1 0.00 feet; thence N 89°08'22"E a distance of 300.00 feet to a point on the East line of Lot 10, Block 14; thence S oooOO'OO"E along said East line a distance of 10.00 feet to the Southeast corner of said Lot 10; thence S 89°08'22"W along the South line of said Lot 10, Block 14 and Lot 6, Block 13 a distance of 300.00 feet to the point of beginning, containing 3000 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N oooOO'oo"E a distance of 10.00 feet to the point of beginning; thence continuing N ooooo'oo"E along said West line a distance of 10.00 feet; thence N 89°08'22"E a distance of 149.20 feet; thence N 80o51'54"E a distance of 55.61 feet; thence S 83°15'58"E a distance of 90.81 feet; thence N 89°08'22"E a distance of 5.70 feet to a point on the East line of Lot 10, Block 14; thence S ooooo'oo"E along said East line a distance of 6.00 feet; thence S 89°08'22"W a distance of 300.00 feet to the point of beginning; containing 3377 square feet, more or less. """"U'",, ....", . L Tit II" ,,~,,~ 1.........0A ~"~ 1'~"-Y~8~ð;.~ \ l~r~5/Dð \<ß~ : I ~-~,z:: --: ~ :~ . ~ ";-~"9::Ì ~~~........ ~~ ~',*I SUR. "".." "",...."" IN'IS 0 IV & COMPANY RIGHT OF WA Y AND EASEMENT ACQUISITION 7 ONNER: St. Mark Evangelical Lutheran Church SALINA. KS 67401 hl ~~I Q: ¡: II V) V) "t 0 I ¡:: 5: I c5 0 I "î -.J ð 2' 4' ¡:: (.) Lu(l.) V)c: lJ...:::ïV) OóÒ Q:~ Lu 0 I- Q: <::( ::::::, a l- V) Lu ~ I- ::::::, 0 V) lJ... 0 Lu <: :::J . . . . . . . . . . . . . ' : 3 : . . . . - .__n___nl_9______n__n_t_n_nn__________n______--.i i 4 i ~ r-__mmnmn_mum___- T /E :,' Lots 3-/(j ï:: : 9 (:) : 12 ~ ¡ less the S. ~O' ~ -:mnmmu_nm_$--Lt¡1~/g~f3~f!J{ :~ ~ t_mnn:n@___m___n 8 i S. 20' LotiO. BI6pk 14\] : Mayfair Addition ~ II : 5 : 0 _n____._n__n-unn_-~-_____nn___n_____n_n___-: 0 __n--_-uu_--_u-___n_-__n : : 0 10 i i > , . , 6 . /Of /49.2' i :___'2I_~L'L_-u_--__m__- 300' /0' P/E Sec. Line Lu SOUTH LINE OF SOUTHWEST QUARTER OF SECTION 30. T/4S R?Yt . 3:: MAGNOLIA ROAD 13 7 /0' -1 1- r = 100' Exhibit B LEGAL DESCRIPTION: NT his does not constitute a legal survey, drawing is for GRANT OF PUBLIC RIGHT-OF-WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this - day of March, 2000, by and between ST. MARK EV ANGELICAL LUTHERAN CHURCH, a Kansas corporation, (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 are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City the following: Public Right-of-Way. A public right-of-way for the purposes of constructing, repairing, replacing, and maintaining public street and drainage improvements, traffic signals, and public utilities, in perpetuity. Permanent Easement. A permanent easement in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing and maintaining public utilities, street drainage, street signage, and sidewalk improvements, in perpetuity. Temporary Construction Easement. A temporary construction easement, in, through, over, and across a certain portion of land owned by the Grantor, for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years commencing with the date of this Indenture. all as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first above written. St. Mark Evangelical Lutheran Church By: [Name] [Title] STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this - day of March, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came of ST. MARK EVANGELICAL LUTHERAN CHURCH, who is Exhibit C 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 on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public My appointment expires: [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- St. Mark Evangelical Lutheran Church City of Salina Project 98-1138 Ohio Street, Tract 7 RIGHT OF WAY A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N ooooo'oo"E a distance of 20.00 feet to the point of beginning; thence continuing N ooooo'OO"E along said West line, a distance of 224.53 feet; thence S O3°46'37"E a distance of 98.68 feet; thence S oooOO'OO"E a distance of 108_96 feet; thence S 40o49'1O"E a distance of 22.18 feet to a point on the existing Northerly right of way line of Magnolia Avenue; thence S 89°08'22"W along said existing Northerly right of way line a distance of 21.00 feet to the point of beginning, containing 1262 square feet, more or less. . PERMANENT EASEMENT A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of Lot 7; thence Northerly along the West line of said Lots 7 through 10 inclusive on an assumed bearing of N oooOO'oo"E a distance of 244.53 feet to the point of beginning; thence continuing N 00"00'00"E along said West line a distance of 46.79 to the Northwe~t . corner of Lot 10; thence N 90ooo'OO"E along the North line of said Lot lOa distance of 1.97 feet; thence S O3°45'08"E a distance of 145.57 feet; thence S ooooo'OO"E a distance of 22.03 feet; thence S 12°47'20"E a distance of 106.14 feet to a point on the existing Northerly right of way line of Magnolia Avenue; thence S 89°08'22"W along said existing Northerly right of way line, a distance of 14.00 feet; thence N 40o49'1O"W a distance of 22.18 feet; thence N ooooo'OO"E a distance of 108.96 feet; thence N 03°46'37"W a distance of 98.68 feet to the point of beginning, containing 2385 square feet, more or less- CONSTRUCTION EASEMENT A tract of land in Lots 7,8,9 and 10, Block 13, Mayfair Addition to the City of Salina, Sãline County, Kansas described as follows: Commencing at the Northwest corner of Lot 10; thence Easterly along the North line of said Lot 10 on an assumed bearing of N 90ooo'00"E a distance of 1.97 feet to the point of beginning; thence continuing N 90ooo'00"E along said North line a distance of 4.03 feet; thence S ooooo'oo"E a distance of 21.00 feet; thence N 90ooo'00"E a distance of 1 0.00 feet; thence S ooooo'oo"E a distance of 166.11 feet; thence N 12°47'20"W a distance of 20.33 feet; thence N ooooo'oo"E a distance of 22.03 feet; thence N O3°45'08"W a distance of 145.57 feet to the point of beginning, containing 1279 square feet, more or less. Exhibit A INI IS" IV & COMPANY .J " PERMANENT EASEMENT A tract of land in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N Ooooo'oo"E a distance of 1 0.00 feet; thence N 89°08'22"E a distance of 300.00 feet to a point on the East line of Lot 1 0, Block 14; thence S 00 °00'00"E along said East line a distance of 10.00 feet to the Southeast corner of said Lot 10; thence S 89°08'22"W along the South line of said Lot 10, Block 14 and Lot 6, Block 13 a distance of 300.00 feet to the point of beginning, containing 3000 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lot 6, Block 13 and Lot 10, Block 14 and that portion of Marlow Drive abutting and adjacent thereto, all in Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of said Lot 6, Block 13; thence Northerly along the West line of said Lot 6 on an assumed bearing of N ooooo'oo"E a distance of 1 0.00 feet to the point of beginning; thence continuing N ooooo'oo"E along said West line a distance of 10.00 feet; thence N 89°08'22"E a distance of 149.20 feet; thence N 80o51'54"E a distance of 55.61 feet; thence S 83°15'58"E a distance of 90.81 feet; thence N 89°08'22"E a distance of 5.70 feet to a point on the East line of Lot 10, Block 14; thence S ooooo'oo"E along said East line a distance of 6.00 feet; thence S 89°08'22"W a distance of 300.00 feet to the point of beginning; containing 3377 square feet, more or less. """UI."" ~\,\ . L. T'tJ "" 1>'" '7j I, -,,:,~~~........ 0.1':"'" §~"~'~i:;:'~'~ !~ržf5/Dð \cß\ : I ~-~,z:: -:: ~ : a:: , ~ o;-.,.---~~ ' '~...""A'"- $' ~"";' SUR. ,~"" """""", 'WIlSON & COMPANY ,Þ 0 " . 7 RIGHT OF WA Y AND EASEMENT ACQUISITION ONNER: St. Mark Evangelical Lutheran Church SALINA. KS 67401 ~ 0::: V) "; - ¡:: c5 "ì ð z ¡:: <.J l¡jQ) V)c: 4-:.:] 0<.5 O:::~ l¡j 0 I- 0::: <::(. ~ a l- V) l¡j ~ I- ~ 0 V) 4- 0 hl tjl ~ II 0 I ~ I 0 I -.J 4' , .' , .' , .' , .' , .' , .' , .' : 3 : : , " , .' 10: :: - --------_.---_uu_-----_~U__h--___.n_._n__--nu--: ( ) ~__--n_h_n__n--n___--n_o : 4 : > : T /E j Lots 3-/() L ! - 9. . 0 , ~ i less the S. ~O' ~ i -:'n_----mh_nm_@-_-_~_C!t~--§§:!!ß!g(J 13 ~ ~__nn__:--@--__mm- : Lots 10-13. les~ the ~ : - 8 ! S. 20' Lot 10. Blqck 14\J ¡ ! Mayfair Addition ~ i 1/ _u.--___n_u__,__--___lo___o__--_n___~_--_----__n.1 8 L--___------_o_-------------- : ~ : 10 1 ! T/E 6 ' . 149.2.' j 55.6' 13 12 7 10: /(Y l¡j <: ~ JW P/E Sec. Line l¡j SOUTH LINE OF SOUTHWEST QUARTER OF SECTION 30. TI4S R~ . ::s: MAGNOLIA ROAD -1 1- r = 100' Exhibit B LEGAL DESCRIPTION: "T his does not constitute a legal survey. drawing is for