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Lot 2, Block 1 .' ..., NO BUILD EASEMENT This INDENTURE, made this 21 + h day of December 2005 by and between S & B Motels, Inc., a Kansas Corporation ("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 forty (40) foot clear space for fire apparatus to insure Fire Department access to the adjoining hotel building and property to the south. 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. APPROV AL 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. 15\~8 U) ~ ~"4- Stanley R. ei ert, President of S B Motels, Inc. STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED. that on this ": 7 day of u.t-c., , 7005 before me, the undersigned, a notary public in and for the county and state aforesaid, came Stanley R. Weilert the President of S & B Motels, Inc., a Kansas Corporation, 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 hereunto subscribed my name and affixed my official seal the day and year last above written. m OR\~ CR~B1REE II - N01AR'{ PUBLIC S1A1E OF :!i~S:~ 0 fL_ _:~!'y .f\ppt. tXP,Le..: ~i~~~, (?,e-evL l0-~ Notary Public REBECCA SEEMAN [.;.. N RESISTER OF DEEDS SAlINE COUNTY KANSAS Book: 1120 Page: 1292 Receipt I: 30775 lrotal Fees: $16.00 Pages Recorded: 3 Date Recorded: 1/10/2086 11 :56:.34 AM .. '-. Book: 1120 Page: 1293 EXHIBIT A The No Build Easement on the Hampton Inn Property restricts the placement of structures on the following described property: The West 200 ft. of the North 40 ft. of Lot 2, Block 1 of the Riffel Addition to the City of Salina, Saline County, Kansas. '-'-'---'-'-'-','-'. \ \ \ \ ~<:> \b cnz.j:o. -100 ;;Om" =tic:-l r- c '-'---'-'-'-'-'-'---' & EXIStiNG HAMPTON SlGNi\GE :20' Droln(J(,j" &: utmty Esmt, ---------- .," ! -----------\;\ \ \ \ \ \ \ \ \ 24 STAllS z ~.~ ~ Z~ ~2 ~. <f ::c: E d..- ~~._~'--~_.-------------..._~--....,.----------- ..~ ,."., ....,+.-. ...,. ~ ....-. - ..-,...... _. - --. - .<: - '.-' _. -, \' -. -.-. -' --.i'-' _. -. -\ _.-l;. ~"" -, - - ~ ~ - -'~ -~. ~ ~.~ ..~;;;=:"~ ~- - _ _._L~. _ _ ~ _,"':~""~ _ _ ~~__ \ \. \ \ . \ . , \ ~A Jf!!!i' PLAN \ \ \ \ -..\ ~ ~'"\ Ii. 'b ~\ \ \ \ o ~~ ~eu~tr.::....- ~------ 5 S1 ALlS - - :-.;~O . \. ..tt'.... .-t+~ ._ ,J.I 0 .-.------ . 6 51 AllS -~ \ ..... ..... f\) S "'0 CU IJ:I I'b .. ..... f\) I.D ~