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Lot 8, Block 14 . ,. Mkc. Bt 17:; PI! á31 GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ~ay of March, 2000, by and between GEORGE C. BROWN and MARJORIE B. BROWN, 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 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 written. /' ., ,-' . . '. .' '" ',," George C. Brown ; I" ,I . 1"-' ¡//-/O(('" Marjorie B.Brown STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this J S' W day of March, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came GEORGE C. BROWN and MARJORIE B. BROWN, 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. . , . Misc. all (13 Pg .~~'l IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last abo'Z~ »:ritten. .."""~.~".,.".",.,.",,.., t, j;$¡~ W>W~f.ID ~ ~M« ~ STA'ff OF ~ Mya 4&'1( .ÞP". 1IIJ(P\tia$. . . crC,t'WA., ~~u.JI2Qeu~ Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- .' . Mi~, B~ --l13-- Pf -~1 George C. and Marjorie B. Brown City of Salina Project 98-1138 Ohio Street, Tract 49 PERMANENT EASEMENT A tract of land in Lot 9, Block 14, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot 9; thence Northerly along the West line of said Lot 9 on an assumed bearing of N oooOO'OO"E a distance of 10.00 feet; thence of N 89°08'22"E a distance of 120.00 feet to a point on the East line of said Lot 9; thence S oooOO'OO"E along said East line a distance of 10.00 feet to the Southeast corner of said Lot 9; thence of S 89°08'22"W along the South line of said Lot 9 a distance of 120.00 feet to the point of beginning, containing 1200 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lot 9, Block 14, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest comer of said Lot 9; thence Northerly along the West line of said Lot 9 on an assumed bearing of N oooOO'OOHE a distance of 10.00 feet to the point of beginning; thence continuing N OOoOO'OO~ along said West line a distance of 6.00 feet thence of N 89°08'22"E a distance of 120.00 feet to a point on the East line of said Lot 9; thence S oooOO'OO"E along said East line a distance of 6.00 feet; thence of S 89°08'22"W a distance of 120.00 feet to the point of beginning, containing 720 square feet, more or less. "",'U'U", ~\\ '- TU'11 ~,. ~ ' '1,0'/ ~,,~_..--.... fA:"'" 1~;,....,.ÇfJf~;'~,o ~ - {Sf z/15/t?C> \<b-; ::ø; LS-J291 rzg ~f-~ ~e. --'9::1 ~ioð~..~c:..~- 0 ,:- -#;,~ ~..._.. " '"" v S R'" " 'II'i U 'I \\,.." """tI"~'" Exhibit A 'WIlSON & COMPANY ~ " - Misc. Bk 17.'!;) PE ..ø.1Q.. . 49 EASEMENT ACQUISITION ONNER: George C. & Mar jorie B. BrONn SALINA. KS 67401 Lof q l;6tfrj, Block 14 Mayfair Addition nnn----_u_- STATE OF KANSAS } ~,. N COUNTY OF SALINE 5. fiLED FOR RECORD IN MY OfFICE ON MAR J Ü 2000 AT g~'ClOCI\i1.M. AN~J)~lY RECORDED- , 10 ~ <3 OFt&ifAT PAGEsi1P7 -.:J rN1~EG. OF DEEDS Exist. R/W = 30.00 SL -I 1- MAGNOLIA ROAD Sec. Line. a ~-9 --. SOUTH LINE OF SOUTHEAST OUARTER OF SECTION 30. T/4S R32 \U~~\ IT\~~ Ui1vtf~ ~\.\ \JJn~k) C~o. ~ ~ ~ Exhibit B LEGAL DESCRIPTIO~ "This does not constitute a legal survey. drawing is for I" = 20' ~~~ ~.~~ ~ ~~ ~ .. ... : M¡!1C.Bk. t73 Pg ~L CONSENT TO EASEMENTS 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 George C. Brown and Marjorie B. Brown. 2. The name of the original Mortgagee is UMB National Bank of America. 3. A Mortgage dated March 21, 1997, was recorded March 27, 1997, at Book 548 of Mortgages, pages 315-319 of the records of the Register of Deeds of Saline County, Kansas. 4. Mortgagors intend to convey to the City a Permanent Easement for purposes of constructing and maintaining public utilities, street drainage, street signage, and sidewalk improvements, in perpetuity; and a Temporary Construction Easement for purposes of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two years (collectively the "Easements"). The Easements are legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. 5. This Consent to Easements shall not affect the mortgage lien as it applies to the property described in~Mortgage. Dated this 2-J day of /i ~~ , 2000. UMB National Bank of BY:~ STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this).Î~ day of n'\41..vI--- ,2000, before me, the undersigned, a notary public in and for the county an. d s)¡ate, aforesaid, came c.1J1{1 Ç. IfbPffti 11IJ , SA¿¡tJ14 (51-1{. flr¿Gs¡ D~~r of UMB National Bank of America who is personally known to me to be the same person who executed the foregoing Consent to Easements 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 affixed my notarial seal the day and year last above written. My appointment expires: 4/lf/~/1)'y Notary Public A . LINDA F. GILPIN ~ Notary Public - State of Kansas My Appt. E (pireS Û- -;}-OðJ.- ,>' .. it:" '>' 17,3 :> é)l¡'~ , .,;ç.,,"-.~-_.g- George C. and Marjorie B. Brown City of Salina Project 98-1138 Ohio Street, Tract 49 PERMANENT EASEMENT A tract of land in Lot 9, Block 14, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot 9; thence Northerly along the West line of said Lot 9 on an assumed bearing of N OooOO'oo"E a distance of 10.00 feet; thence of N 89°08'22"E a distance of 120.00 feet to a point on the East line of said Lot 9; thence S oooOO'OO"E along said East line a distance of 10.00 feet to the Southeast corner of said Lot 9; thence of S 89°08'22"W along the South line of said Lot 9 a distance of 120.00 feet to the point of beginning, containing 1200 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lot 9, Block 14, Mayfair Addition to the City of Salina, Saline County, Kansas described as follows: Commencing at the Southwest corner of said Lot 9; thence Northerly along the West line of said Lot 9 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 6.00 feet thence of N 89°08'22"E a distance of 120.00 feet to a point on the East line of said Lot 9; thence S oooOO'OO"E along said East line a distance of 6.00 feet; thence of S 89°08'22"W a distance of 120.00 feet to the point of beginning, containing 720 square feet, more or less. ",.nu."", ~\\ '- TLJ"I -~,. ~ "II0/~' "'~_..-..._- ~"';, #~;""",fP'~--_",O ~ ::fI 2/15/t?() -..cPO~ ~ . - :: LS-J291 ¡%g ~f-~- .. .' rt... :: .... ~c:. -fS'.:' '\" ~ß"-_..~ ".:' :-"",; SUR~ """", 11"'1111"'" ~ -' Exhibit A INIISON & COM PANY . . . 49 ',¡.". ",I'}'7:1.., "'~ è!J.~ . ,.~~~<".. ,:;J EASEMENT ACQUISITION OWNER: George C. & Mar jorie B. Brown SALINA. KS 67401 Lofq [;8tþg Block 14 Mayfair Addition -- - -- . -- - --- -- - STATE OF KANSAS } ~~.îJ t COUNTY OF SALINE . FILED FOR RECORD IN MY OFFICE ON MAR J 0 2000 AT ~;g20'cLocIU1M. AND DULY RECORDED cø R 1~t~~1~=6:~~~'I'd. Exist. R/W = 30.00 SL -I 1- MAGNOLIA ROAD Sec. Line - t \) ~ . - SOUTH LINE OF ~ \ 0JI1;.., ('{ì i ~.¡ Û ,]V ¡'If ~ , ~ 0\\ \ uJ ~~ð) ~'-O D..du. So. ~ LEGAL OESCR1PTIOO: SOUTHEAST QUARTER OF SECTION 30. T/4S R32 I" = 20' SFF P/\(;F ? nF ? "This does not constitute a legal survey. drawing is for ;nFnrmnt;nnnl n"rn,.,c:pc: ,.,nl,/" Exhibit B P4(;r / nr ?