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Lot 1, Block 1 ",.. " REBECCA SEEMAN ~ ./ REGISTER OF DEEDS ¡J SALINE COUNTY KANSAS Book-Page: 1006-259 Receipt #: 1350 Date Recorded: 2/19/20023:48:55 PM PERMANENT EASEMENT THIS INDENTURE, made this/tJ'~ay Oi-~~ and between RETA J. LINDFORS, and TIMOTHY D. LINDFORS, Trustee, RETA 1. LINDFORS TRVST VIA DATED DECEMBER 17, 1999, (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, a permanent easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing, installing, repairing, replacing, and maintaining public water and sanitary sewer lines and appurtenances thereto, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and year first above written. RETA J. LINDFORS TRVST VIA DATED DECEMBER 17,1999 By: "ß-L. j ~ -&~ Reta 1. Lind£'¡ rs, Trustee By: ~l~r~(;¡;;tv STATE OF KANSAS- k~ COUNTY,ss: / ~ BE IT REMEMBERED, that on this J Sz::::.u-day of ..Jtu¡ucuy:- 2bo2, before me, the undersigned, a notary public in and for the county and state aforesaid, came Reta 1. Lindfors and Timothy D. Lindfors, Trustee, Reta J. Lindfors Trust VIA dated December 17, 1999, 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 on behalf of the trust. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. f"-""""""""'""""""-""""""""~-""'~.'-'--" ;1.,',"",A, , ,,' " ,;c;':wt&, , !as: ~", ,,---lA., ',k>~~~D¡ ~, ' t\iQfAfff f'O~CC oj ",,' ,.,',~ "SU,TE OF KANSAS c (.,>PT. mz"I:,"':S ' -,;:>6 ',() ~~ if Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] " / Book-Page: 1006-260 Reta J, Lindfors Trust Reta J. Lindfors & Timothy D. Lindfors Trustees Tract No.9 Wilson & Co. FHe No. XO410053 Permanent Utility Easement # 1 A tract of land for a 20 foot pennanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of the 6'" Principal Meridian, Saline County, Kansas described as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, Sa1ine County, Kansas; Thence westerly along the south line extended of said Lot One, a distance of Two (2.00') feet to the point of beginning; Thence southerly and parallel with the west line of said SW/4 a distance of Twenty (20.00') feet; , Thence easterly, parallel with the south line of said Lot One, a distance of Twenty-two (22.00') feet; Thence southerly and parallel with the west line of said SW/4, a distance of Three Hundred Forty Eight and Ninety-six Hundredths (348.96') feet, to a point on the south line of a tract described in Deed Book 389, Page- 188, Saline County Register of Deeds, Salina, Kansas; Thence easterly along said south line of said tract described in Deed Book 389, a distance of Twenty (20.00') feet; Thence northerly, parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on the south line of said Lot One; Thence westerly, along said south line and south line extended of said Lot One, a distance of Forty-two (42.00') feet, to the point of beginning, containing 7819.2 square feet, more or less. AND Permanent Utility Easement #2 / A tract of land for a 20 foot pennanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (3 I), Township Thirteen (13) South, Range Two (2) West of the 61h Principal Meridian, Saline County, Kansas described as follows: . Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Additiõn to the City of Salina, Saline County, Kansas; Thence westerly along the south line extended of said Lot One a distance of Seventeen (17,00') feet to the point of beginning; , . , Thence southerly and parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet, to a point on the south line of a tract described in Deed Book 389, Page 188, Saline County Register of Deeds, Salina, Kansas; Thence westerly along said south line described in Deed Book 389, a distance of Twenty (20.00') feet; Exhibit A , T Book-Page: 1006-261 Thence northerly, parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south line extended of said Lot One; Thence easterly, along said south line extended of said Lot One, a distance of Twenty (20.00') feet, to the point of beginning, containing 7,379.2 square feet, more or less, -, '.. Book-Page: 1006-262 . , . '. TRACT No.9 PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT OWNER: Rete J. Lindfors Trust Rete J. & TImothy 0, Lindfors Trustees 23' 20' NW comer of SW/4 ~ Section 31 /' 113S, R2W or- ......-- 20' PlaUed Uti; ,~ Easement t SW comer Lot One UNDFORS AOOIl1ON Point of Beginning Temporary Construction Easement & UtRlty Easement #1 «) 0> CO «) t') South Line of Lot One Point of Beginning Utility Easement 12 22' 15' 15' Temporary Construction Easement ...... \ t-n w c W 0 ~ 0- t-""" U) ~ 0U) --.t :1:,,- O;: (f) ScoIe 1" = 200' \t- O Q) oS 1111111111111111 15' Temporory Construction Eosement ...... I/) Q) ;: /'/////////// 20' Permanent tJtility Eosement \ ~ ~..9 C,~'-\ S'-\'L ~t\~ ~~d.y ~~5-l~~7 ~+. t.:l) Exhibit B ....' REBECCA SEEMAN ',) REGISTER OF DEEDS <2- SALINE æUNTY KANSAS Book-Page: 1006-263 Receipt #: 1350 , ,-. TEMPORARY CONSTRUCTION EASEM~ecorded: 2119i2002 3:48:55 PM THIS INDENTURE, made this JJrJIJbay O~y and between RET A J. LINDFORS, and TIMOTHY D. LIN'bF'òR'S, Trustee, RETA 1. LINDFORS TRUST UIA DATED December 17, 1999, (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, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purpose of purposes of access, storage of materials and equipment, and surface reshaping or regrading, for a term of one (1) year, commencing with the date of this indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary, Construction Easement the day and year first above written. RETA J. LINDFORS TRUST UIA DATED DECEMBER 17,1999 By: ~~j. ~c1L~ í:~~ Reta 1. Lindfórs, Trustee By: STATEOFKANSA&". /~ COUNTY,ss: /' ' BE IT REMEMBERED, that on this )5t:t'day oi~2002, before me, the undersigned, a notary public in and for the county and state aforesaid, came Reta 1. Lindfors and Timothy D. Lindfors, Trustee, Reta 1. Lindfors Trust UIA dated December 17, 1999, 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 on behalf of the trust. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the daY.At '="-~ ,.., ...,.., ~~~~- i ~ ~~liC [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] , . , . Book-Page: 1006-264 Temporary Construction Easement ./ A tract of land for a 15 foot temporary construction easement locat~d in the Southwest Quarter (SW/4) of Sçction Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of the 6th Principal Meridian, Saline County, Kansas described as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, SaHne County, Kansas;,. 1bence westerly along the south line extended of said Lot One, a distance of Two (2.00') feet, to the point of beginning; "Thence southerly and parallel with the west line of said SW/4, a distance oCThree Hundred Sixty'Eight and Ninety-six Hundredths (368.%') feet, to a point on the south line of a tract described in Deed Book ,389, Page 188, Saline County Register of Deeds offJ<:e, Sa1i~, Kansas; . Thence westerly along said south line of said tract described in Deed Book: 389, a distance of Fifteen (15'()O') feet; Thence northerly, parallel with the west line of said SW/4, a distance of-Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south line exteo<Jed of said Lot One; Thence easterly, along said south line extended of said Lot One, a distance of Fifteen (15.00') feet, to the point of beginning, containing 5,534.4 square feet, more or less. '0 Exhibit A , , Book-Page: 1006-265 TRACT No.9 PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT OWNER: Reta J. Lindfors Trust Reta J. & Timothy 0, Lindfors Trustees 23' 20' NW comer of SW/4 ~ Section 31 /' T13S, R2W VI 20' Plotted UtRity .I - Easement : 60' 'R ' I SW comer Lot One UNDFORS ADDIl1ON Point of Beginning Temporary Construction Easement '" Utility Easement #1 Point of Beginning Utility Easement 12 South Line of Lot One 22' 15' 15' Temporary Construction Easement " \ 37' 20' r-;;) w c W 0 ~ .- r- ...... (/) ~ O(/) - "<t :1:, °3: (/) Scale 1" = 200' .... 0 Q) .S 1111111111111111 15' Temporory Construction Easement ...... I/) Q) 3: /'/////////// 20' Permanent tJtility Easement ~o ID -- Co \, S ~ t.- W ~tA) ~-eQ~ ~2~ - g~~7 &+. ):;,l) Exhibit B . AGREEMENT This Agreement is made this - day of January, 2002, by and between RETA 1. LINDFORS and TIMOTHY D. LINDFORS, Trustees, RETA J. LINDFORS TRUST DATED DECEMBER 17, 1999, (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"). RECITALS A. The City, in conjunction with the North Ohio and Stimmel Road utility project, wishes to acquire from the Owner permanent easements in, through, over, and across certain portions of land owned by the Owner (the "Property") for the purpose of constructing, installing, repairing, replacing, and maintaining a public water and sanitary sewer lines and appurtenances thereto, in perpetuity, (the "Permanent Easements"). B. The City, also in conjunction with the North Ohio and Stimmel Road utility project, wishes to acquire from the Owner a temporary construction easement, in through, over, and across a certain portion of land owned by the Owner for the purposes of access, storage of materials and equipment, and surface reshaping or regrading, for a term of one (1) year (the "Temporary Construction Easement"). C. The City has caused the Permanent Easements 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. D. It is the desire of the Owner to convey the Permanent Easements and Temporary Construction Easement to the City upon the terms and conditions contained in this Agreement. FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements set forth herein, the parties agree as follows: 1. Description. The Permanent Easement to be conveyed by the Owner to the City shall be as legally described on the attached and incorporated as Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. The Temporary Construction Easement to b~ conveyed by the Owner to the City shall be as legally described on the attached and incorporated as Exhibit C and as depicted on the Engineering drawing attached and incorpO1ated as Exhibit B. 2. Compensation. The City agrees to pay the Owner upon closing the combined total sum of Eighteen Thousand Nine Hundred Sixty-five Dollars and No Cents ($18,965.00) for the Permanent Easement and Temporary Construction Easement consisting of the following: Permanent Easement (7,819.2 sq. ft. at $1 per sq. ft.) Permanent Easement (7,379.2 sq. ft. at $1 per sq. ft.) $ 7,819.00 7,379.00 Temporary Construction Easement (5,534.4 sq. ft. @ $.50 per sq. ft.) [rounded down] Damages to Remainder - (Reduced utility factor) 2,767.00 1,000.00 Total Compensation $18,965.00 3. Documents. The Owner agrees that the Permanent Easements shall be conveyed to the City by Owner's execution and delivery to the City of a Permanent Easement document identical to the copy attached as Exhibit D to this Agreement. The Temporary Construction Easement shall be conveyed to the City by Owner's execution and delivery to the City of a Temporary Construction Easement document identical to the copy attached as Exhibit E to this Agreement. The Permanent Easement document and Temporary Construction Easement document shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 4. Covenant of Title. Owner covenants that Owner is the lawful owner of the Property and that the Property is not subject to any contract for sale or other liens and encumbrances, except: 5. Consent to Easement. In those cases where the Property is 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 Permanent Easements and Temporary Construction Easement executed and acknowledged by a duly authorized representative of the lienholder. Any consent to the Permanent Easements and Temporary Construction Easement shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense ofthe City. 6. Closing. Closing shall take place on or before closing the Owner shall: , 2002. At a. deliver to the City the fully executed and acknowledged Permanent Easement document and Temporary Construction Easement document, b. deliver to the City any necessary consent to Permanent Easement and Temporary Construction Easement documentation, c. provide the City with any other necessary information such as Owner's current mailing address and social security numbers or tax identification numbers, at which time the City shall pay Owner the total compensation set forth in paragraph (2) above. 7. Possession. The City shall be entitled to possession of the Permanent Easements and Temporary Construction Easement immediately upon closing. 8. Nonassignable. Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. -2- 9. 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" RETA 1. LINDFORS TRUST UIA DATED DECEMBER 17,1999 By: -A-+~¿ JJL -r~~ Reta 1. ' indf6rs, Trustee By: ~¿,~ ~ Social Sec. ITax ID No. 510-62-6360 CITY OF SALINA, KANSAS By ~~ Dennis M. Kissi ~ -3- Reta J. Lindfors Trust Reta J. Lindfors & Timothy D. Lindfors Trustees Tract No.9 Wilson & Co. File No. X0410053 Permanent Utility Easement # 1 A tract of land for a 20 foot pennanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of the 6'" Principal Meridian, Saline County, Kansas described as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, Saline County, Kansas; Thence westerly along the south line extended of said Lot One, a distance of Two (2.00') feet to the point of beginning; Thence southerly and parallel with the west line of said SW /4 a distance of Twenty (20.00') feet; , Thence easterly, parallel with the south line of said Lot One, a distance of Twenty-two (22.00') feet; Thence southerly and parallel with the west line of said SW /4, a distance of Three Hundred Forty Eight and Ninety-six Hundredths (348.96') feet, to a point on the south line of a tract described in Deed Book 389, Page. 188, Saline County Register of Deeds, Salina, Kansas; Thence easterly along said south 1ine of said tract described in Deed Book 389, a distance of Twenty (20.00') feet; Thence northerly, parallel with the west line of said SW /4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368,96') feet to a point on the south line of said Lot One; Thence westerly, along said south line and south line extended of said Lot One, a distance of Forty-two (42.00') feet, to the point of beginning, containing 7819.2 square feet, more or less. AND Pennanent Utility Easement #2 A tract of land for a 20 foot permanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (3 J), Township Thirteen (13) South, Range Two (2) West of the 61h Principal Meridian, Saline County, Kansas described as follows: . Conunencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, Saline County, Kansas; Thence westerly along the south line extended of said Lot One a distance of Seventeen (J 7 .00') feet to the point of beginning; , . , Thence southerly and parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet, to a point on the south line of a tract described in Deed Book 389, Page 188, Saline County Register of Deeds, Salina, Kansas; Thence westerly along said south line described in Deed Book 389, a distance of Twenty (20.00') feet; Exhibit A Thence northerly, parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south line extended of said Lot One; Thence easterly, along said south line extended of said Lot One, a distance of Twenty (20.00') feet, to the point of beginning, containing 7,379.2 square feet, more or less, TRACT No.9 PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT OWNER: Reta J. Lindfors Trust Reta J, & TImothy 0, Lindfors Trustees Point of Beginning Utlity Easement 12 NW comer of SW/4 ~ Section 31 /' T135, R2W VI 20' Plotted utA; J" Easement 60' ' R . I 5W comer lot One UNOFOR5 AOOI11ON Point of Beginning Temporary Construction Easement & Utlity Easement 11 South line of lot One to 0> ex) to t') 22' 15' 15' Temporary Construction Easement 23' 20' '\ 37' 20' ...-n W c W 0 0::- ...-+' (I) ~ 0(1) --.t :r:" O~ (/} Scale ," = 200' .... 0 Q) .~ 1111111111111111 15' Temporory Construction Easement +' I/) Q) ~ /'/////////// 20' Permanent Utility Easement ;Exhibit B Temporary Construction Easement A tract of land for a 15 foot temporary construction easement located in the Southwest Quarter (SW/4) of Sçction Thirty-one (31), Township Thirteen (13) South:Range Two (2) West of the 6'" Principal Meridian, Saline County, Kansas described as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, Saline County, Kansas;. Thence westerly along the south line extended of said Lot One, a distance of Two (2.00') feet, to the point of beginning; Thence southerly and patanel with the west line of said SW/4, a distance of Three Hundred Sixty-Eight and Ninety-six Hundredths (368.96') feet, to a point on the south line of a tract described in Deed Book .389, Page 188, Saline County, Register of Deeds OffICe, Salina, Kansas; - Thence westerly along said south line of said tract described in Deed Book: 389, a distance of Fifteen (15.00') feet; Thence northerly, parallel with the west line of said SW/4, a distance or-Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south line exteoded of said Lot One; Thence easterly, aJong said south Hne extended of said Lot One, a distance of Fifteen (15.00') feet, to the point of beginning, containing 5,534.4 square feet, more or Jess. " Exhibit C PERMANENT EASEMENT TIDS INDENTURE, made this - day of January, 2002, by and between RETA 1. LINDFORS, and TIMOTHY D. LINDFORS, Trustee, RETA 1. LINDFORS TRUST UIA DATED DECEMBER 17, 1999, (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, a permanent easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing, installing, repairing, replacing, and maintaining public water and sanitary sewer lines and appurtenances thereto, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and year first above written. RETA 1. LINDFORS TRUST UIA DATED DECEMBER 17,1999 By: Reta 1. Lindfors, Trustee By: Timothy D. Lindfors, Trustee STATE OF KANSAS, COUNTY, ss: BE IT REMEMBERED, that on this - day of January, 2002, before me, the undersigned, a notary public in and for the county and state aforesaid, came Reta 1. Lindfors and Timothy D. Lindfors, Trustee, Reta 1. Lindfors Trust U/A dated December 17, 1999, 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 on behalf ofthe trust. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] Exhibit D Reta j, Lindfors Trust Reta j. Lindfors & Timothy D. Undfors Trustees Tract No.9 Wilson & Co. FHe No. X0410053 Permanent Utility Easement # 1 A tract of land for a 20 foot pennanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of the 6'" Principal Meridian, Saline County, Kansas described as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Addition to the City of Salina, Sa1ine County, Kansas; Thence westerly along the south line extended of said Lot One, a distance of Two (2.00') feet to the point of beginning;' , , Thence southerly and para1lel with the west line of said SW/4 a distance of Twenty (20.00') feet; . Thence easterly, parallel with the south line of said Lot One, a distance of Twenty-two (22.00') feet; Thence southerly and parallel with the west line of said SW/4, a distance of Three Hundred Forty Eight and Ninety-six Hundredths (348.96') feet, to a point on the south line of a tract described in Deed Book 389, Page-188, Saline County Register of Deeds, Salina, Kansas; Thence easterly along said south line of said tract described in Deed Book 389, a distance of Twenty (20.00') feet; Thence northerly, parallel with the west line of said SW /4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on the south line of said Lot One; Thence westerly, along said south line and south line extended of said Lot One, a distance of Forty-two (42.00') feet, to tbe point of beginning, containing 7819,2 square feet, more or less. AND Permanent Utility Easement #2 A tract of land for a 20 foot pennanent utility easement located in the Southwest Quarter (SW/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two (2) West of the 6'" Principal Meridian, Saline County, Kansas described as follows: , Conunencing at the southwest comer of Lot One, Block One, Lindfors Addition, an Additiõn to the City of Salina, Saline County, Kansas; Thence westerly along the south line extended of said Lot One a distance of Seventeen (17 .00') feetto the point of beginning; " " .- Thence southerly and parallel with tbe west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet, to a point on the south line of a tract described in Deed Book 389, Page 188, Saline County Register of Deeds, Salina, Kansas; Thence westerly along said south line described in Deed Book 389, a distance of Twenty (20.00') feet; Exhibit A Thence northerly, parallel with the west line of said SW/4, a distance of Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south line extended of said Lot One; Thence easterly, along said south line extended of said Lot One, a distance of Twenty (20.00') feet, to the point of beginning, containing 7,379.2 square feet, more or less. / TRACT No.9 PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT OWNER: Reto J, Lindfors Trust Reto J, & TImothy D, Lindfors Trustees Point of Beginning Temporory Construction Easement '" Utalty Easement #1 Point of- Beginning Utility Easement 12 23' 20' r-;;) w c W 0 ~ .- r-""" (I) ~ 0(1) -"<t :1:, 03: (J) NW comer of SW/4 ~ Section 31 ' /' T13S, R2W VI 20' Plotted uta; J - Easement 60' ' R ' i sw comer Lot One co Q) a) co I<') 22' 15' 15' Temporary Construction Easement '\ 37' 20' ,22 \t- O Q) .S 1111111111111111 UNDfORS ADDITION South Line of Lot One Scale 1" = 200' 15' Temporary Construction Easement ...... (/) Q) 3: /' / / / / / / / / / // 20' Permonent tJtUity Easement _Exhibit B TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this - day of January, 2002, by and between RETA J. LINDFORS, and TIMOTHY D. LINDFORS, Trustee, RET A J. LINDFORS TRUST UI A DATED December 17, 1999, (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, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purpose of purposes of access, storage of materials and equipment, and surface reshaping or regrading, for a term of one (1) year, commencing with the date of this indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction Easement the day and year first above written. RETA 1. LINDFORS TRUST U/A DATED DECEMBER 17, 1999 By: Reta J. Lindfors, Trustee By: Timothy D. Lindfors, Trustee STATE OF KANSAS, COUNTY, ss: BE IT REMEMBERED, that on this - day of January, 2002, before me, the undersigned, a notary public in and for the county and state aforesaid, came Reta J. Lindfors and Timothy D. Lindfors, Trustee, Reta 1. Lindfors Trust UIA dated December 17, 1999, 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 on behalf of the trust. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] Exhibit E Temporary Construction Easement A tract of land for a 15 foot temporary construction easement locat~ in the Southwest Quarter (SW/4) of Sçction Thirty-one (31), Township Thirteen (J3) South, Range Two (2) West of the 6. Principal Meridian, Saline County, Kansas ~ribed as follows: Commencing at the southwest comer of Lot One, Block One, Lindfors Addition. an Addition to the City of Salina, Saline County, Kansas;.. Thence westerly along the south line extended of said Lot One, a distance of Two (2'(X)') feet, to the point of beginning; , Thence southerly and para])el with the west line of said SW/4, a distance of Three Hundred Sixty.Eight and Ninety-six Hundredths (368.96') feet, to a point on the south line of a tract descri~ in Deed Book-389, Page 188, Saline COUDtY,Repster of Deeds OffICe, Sali~, Kansas; . Thence westerly along said south line of said tract described in Deed Book 389, a distance of Fifteen (J5'()O') feet; Thence northerly, parallel with the west line of said SW/4, a distance of-Three Hundred Sixty Eight and Ninety-six Hundredths (368.96') feet to a point on said south Jine extended öf said Lot One; Thence easterly, aJong said south line extended of said Lot One, a distance of Fifteen (15.00') feet, to the point of beginning, containing 5,534.4 square feet, more or Jess. u -. - Exhibi t A TRACT No.9 PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT OWNER: Reta J, Lindfors Trust Reta J, & TImothy 0, Lindfors Trustees Point of Beginning Temporory Construction Eosement & Utility Eosement 11 Point of Beginning Utility Eosement 12 23' 20' ...-n W c W 0 0::: .- ...--+J V> ~ 0V> -'It I, O:;: V> NW comer of SW/. ~ Section 31 ' /' 113S, R2W ~I 20" Plott,ed Util; -.I - Easement 50' ' R . f SW comer lot One UNOFORS AOOIl1ON South Une of lot One co (» CO co ~ 22" 15' 1S' Temporory Construction Eosement '\ 37' 20' ,22 Scale 1" = 200' ..... 0 Q) ,S 1111111111 " 1111 15' T emporory Construction Eosement -+J (I) Q) :;: /'//////////... 20' Permanent tltility Eosement Exhibit B