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Lot 8, Block 9 GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 3i~-day of March, 2000, by and between SEI PARTNERS, L.P., a Kansas limited partnership, (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: 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 writterL STATE OF KAN~S '10~. ,,/ FIL~ FOR REC(!,~D COUN,'Y 0]: SALINEJ" ~' / v IH MY OFFICE t.T SEI Partners, L.P. AND O[JLY M. APR 5-2000 REC0XaE' SEI Partners, L.P. Y0L, /7.:~ 0F ~/3t~-- ATPAG[ ,11't - 2 '? '7By: By S!eele,,Erl.terods~a_ Ink, A J~lame] Mac S~:eel~ ?res±d~nt- STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ~ay of March, 2000, before me, the undersigned, a notary public .. in and for the county and state aforesaid, came ~.a-.. ~ , yg~~.._ , of SEI PARTNERS, L.P., who is personally known to me to be the same person who executed the above and foregoing instrmnent of writing and duly acknowledged the execution of the same on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. *~ ~' .~ ' ' 2 ' 7 No~ Public My appointment expires: [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- SEI Partners, L.P. City of SaUna Project 98-1138 Ohio Street, Tract 41 PERMANENT EASEMENT A tract of land in Lot 8, Block 9, Belmont Addition to the City of Snlinn; Saline County, Kalisas described as follows: Be~nning at the Northeast corner of said Lot 8; thence Westerly along the North line of said Lot 8 along a ~uve to the right that has an Arc length of 3.00 feet, a radius of 160.22 feet and a Delta angle of 01'04'22"; thence S 30°49'20~E a distance of 5.86 feet to a point on the East line of said Lot 8; thence N 00*00'00"E along said East line a distance of 5.00 feet to the point ofbe~nning, containing 7.5 square feet, more or less. CONSTRUCTION EASEMENT Be~nning at the Southeast corner of said Lot 8; thence Northerly along the East line of said Lot 8 on an assumed bearing ofN 00°00'00"E a distance of 100.30 feet; thence N 30°49'20'W a distance of 5,86 feet to a point on the North linc of said Lot 8; thence Westerly along the North linc of said Lot 8 along a curve to the right that has an Arc length of 3.00 feet, a radius of 160.22 feet and a Delta angle of 01°04'24~; thence S 00°00'00~E a distance of 105.41 feet to a point on the South line of said Lot 8; thence 'N 90°00'00~E along said South line a distance of 6.00 feet to the point of beginning, containing 625 square feet, more or less. Exhibit A &COMPANY EASEMENT ACOUISITION OWNER;SE/Partners, L.P. SALINA, KS 67401 OXFORD DRiVE Lot8 Block 9 Belmont Addition /"= 15' '~ ~ ' ' Exhibit B LEGAL DESCRIPTION: SEE PA~E 2 legal survey, drowing i~ for PAG-~ /OF 2 CITY OF SALINA, KANSAS City Attorney 129 South 8th Greg A. Bengtson P.O. Box 380 (913) 823-6325 Salina, KS 67402-0380 April 14, 2000 Hand delivered Barbara Weber Acting City Clerk City of Salina P.O. Box 736 Salina, KS 67402-0736 Re: South Ohio Corridor Improvement Project Dear Barbara: I hand you the following document for safekeeping in connection with the referenced project: Tract No. Name of Property Owner(s) Name of Document(s) 30 Kenneth L. Smith, Janet K. Smith, and Temporary Construction Easement Mary K. Mauk 41 SEI Partners, L.P. Grant of Permanent Easement and Temporary Construction Easement Sincerely, ~l Assistant to Greg A. Bengtson, City Attorney sg eric. cc. Shawn O'Leary, Director, Engineering & General Services, w/copies of documents