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Lot 14, Block 10 GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this I (~o day of March, 2000, by and between TODD SMITH a/k/a KENNETH TODD SMITH and DANA SMITH a/k/a DANA LYNNE SMITH, 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. Todd Smith a/k/a Kenneth Todd Smith Dh~h Smith a/kfa-[Sana'Lynne Smith 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 TODD SMITH a/k/a KENNETH TODD SMITH and DANA SMITH a/k/a DANA LYNNE SMITH, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last abov~ wrilZen. ~lti~ ~'f,~v[ ~ ~ .I Notary Public IA real estate sales validation questio~re is not required p~su~t to K.S.A. ?9-1437e(a)(13)] -2- Todd and Dana Smith City of Salina Project 98-1138 Ohio Street, Tract 32 PERMANENT EASEMENT A tract of land in Lot 14, Block 10, Belmont Addition to the City of S~lin~. Snline County, Kzn.~,s descn~! as follows: Beginning at thc Northeast corner of said Lot 14; thence Westerly along the North line of said Lot 14, along a curve to thc right that has an Arc length of 3.00 fcct, a radius of 320.44 fcct and a Delta angle of 00°32'11"; thence S 44°5 I'$g~E a distance of 4.25 feet to a point on the East line of said Lot 14; thence N 00°00'00~E along said East line a distance of 3.00 feet to the point ofbe~nning, containing 4.5 square feet, more or less. CONSTRUCTION EASEMENT A tract of land in Lot 14, Block 10, Belmont Addition to the City of Salina, S~lin¢ County, Ksn.~s dcscn~c~d as follows: Beginning at the Southeast comer of said Lot 14; thence Northerly along the East line of said LOt 14 on an assumed bearing ofN 00°00'00'E a distance of 127.00 fcet; thence N 44°51'$8%V a distance of 4.25 feet to a point on the North line of said Lot 14; thence Westerly along the North line of said Lot 14 along a curve to the right that has an Arc length of 3.00 feet, a radius of 320.44 feet and a Delta angle of. 00°32'11'; thence S 00°00'00~E a distance of 106.12 feet; thence N $9°36'09'W a distance of 12.00 feet; thence S 00°00'00~E a distance of 23.90 feet to a point on the South line of said Lot 14; thence S 89°36'09"E along said South line a distance of 18.00 feet to thc point ofb¢?nnlng~ containing 1062.3 square feet, more or less. Exhibit A &C©MPANY EASEMENT ACQUISITION /cl~/ STATE OF KANSAS SS. COUNTY OF SALINE OWNER: Todd & Dono Smith FILED FOR RECORD IN MY OFFICE SALINA. KS 67401 O~ MAR 7., A 2000 AT ~ :~)O'CLOC~. AND DULY RECORDED LEWIS STREET ~LOL~OF~T PAG ~EL~,I,~, l~p)u~..,~ ~,',~EG. OF DEEDS I Lot l4 Block I0 ~ Belmont Addition ~: ~ I \,~,~,/" = 20' LEGAL DESCRIPTION: "This does not constitute o legol survey, drowln9 is for 5ER PAGE 2 OF 2 in£ormotlon(~lDur~ose$ only." PAGF I OF ? 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 name of the Mortgagor are Kenneth Todd Smith and Dana Lynne Smith. 2. The name of the original Mortgagee is Security Savings Bank, f.s.b. 3. A Mortgage dated October 22, 1996, was recorded October 22, 1996, at Book 537 of Mortgages, pages 287-294 of the records of the Register of Deeds of Saline County, Kansas. 4. Mortgagor 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 the Mortgage. Dated this 17 ti-day of March, 2000. s~s'-- 3~' Security Savings Bank~ f.s.b. STATE OF KANSAS COUNTY OF SALINE - FILED FOR RECORD IN MY OFFICE // I MAR g zl 2000 AT By: ~ 0N ~:O~O'CLOCK~M. AND DULY RECORDED Wi 1 1 iam M. Grammer [Nme] ^ VOL- 1"]~ OF~_AT PAGE t~q-~5~. Vice-President [Title] ~g~a_ c~~ REG. OF DEE~ STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ]'? ~rtay of March, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came William M. Grammer ., Vice-Pr~.~id~n~- of Security Savings Bank, f.s.b, 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 WltEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. Notary Pub,it-State o! Ka~,3a'~ / 7- ~(ary Public My Appt Expires Nov 1 ,~-0'~ My appointment expires: Todd and Dana Smith City of Salina Project 98ol 138 Ohio Street, Tract 32 PERMANENT EASEMENT A tract of land in Lot 14, Block 10, Belmont Addition to the City of Salina, Saline County, Ksnnas descrl~oed as follows: Be~tyinning at the Northeast corner of said Lot 14; thence Westerly along the North line of said Lot 14, along a curve to the fight that has an Arc length of 3.00 feet, a radius of 320.44 feet and a Delta angle of 00°32'11'; thence S 44°51'$8~E a distance of 4.25 feet to a point on the East line of said LOt 14; thence N 00°00'00~E along said East line a distance of 3.00 feet to the point of beglnning, containing 4.$ square feet, more or less. CONSTRUCTION EASEMENT A tract of land in LOt 14, Block 10, Belmont Addition to the City of Salina, Saline County, Kansas described as follows: ~e~,~rlnnirlg at the Southeast corner of said LOt 14; thence Northerly along the East line of said Lot 14 on an assumed bearing ofN 00°00'00~E a distance of 127.00 feet; thence N 44°51'58'W a distance of 4.25 feet to a point on the North line of said Lot 14; thence Westerly along th~ North line of said Lot 14 along a curve to the right that has an Arc length of 3.00 feet, a radius of 320.44 feet and a Delta angle of 00°32'11~; thence S 00°00'00~E a distance of 106.12 feet; thence N 89°36'09%V a distance of 12.00 feet; thence S 00°00'00~E a distance of 23.90 feet to a point on the South line of said LOt 14; thence S 89°36'09~E along said South line a distance of 18.00 feet to the point of beginning, containing 1062.3 square feet, more or less. Exhibit A C©MPANY EASEMENT ACQUISITION OWNER: Todd & Dono Sm[th SALINA, KS 67401 LEWIS STREET Block I0 Belmont Addition /": 20' LEO AL DES C RIP T I0 N: "This does not constitute o le¢ol survey, drowing is for SEE PAGE 2 OF 2 in?ormofionolpurposes only." PAGE I OF 2