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Lot 31, Block 10 GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this/~'~),~ day of March, 2000, by and between TERRY REVELS, on behalf of the estate of BEVERLY G. REVELS, DECEASED, (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 attached to this Grant of Permanent Easement, and Temporary Construction Easement. IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first above written. m'^TEOF~nSAS [ ~. ~ rJI.EDFORREc0aD BEVERLY G. ~VELS, DECEASED ~U~ OF ~LIN E J I N MY OFFICE AT ~~~F~J~Or ~1~' ~X [Title] ~ .~~REG. OF DEEDS STATE OF ~NSAS, SALINE CO~TY, ss: BE IT ~MEMBE~D, that on this /~ day of March, 2000, before mc, thc undersigned, a not~ public in and for thc county and state aforesaid, cmc TE~Y REVELS, on behalf of thc estate of nEV~Y ~. ~VELg, D~O~Ag~D, who is personally ~o~ to mc to bc thc s~c person who executed thc above and foregoing instrmcnt of ~iting and duly ac~owledgcd the execution of thc s~c on behalf of the estate. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ]1~ ~t,~'t ~ ~ .., Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Beverly G. Revels City of Snlinn Project 9s4 Ohio Street, Tract 2:] PERMANENT EASEMENT A tract of land in Lot 31, Block 10, Belmont Addition to the City of Snllnn. Snline County, Knn.~s descn'bed as follows: Beginning at the Southeast comer of said Lot 31; thence Northerly along the East line of said Lot 31 on an assumed bearing ofN 00°00'00'E a distance of 5.00 feet; thence S 31°04'07%V a distance of 5.81 feet to a point on the South line of sa~d Lot 31; thence S 89°36'09~E along said South line a distance of 3.00 feet to the point of beginnin§, contninin§ 7.$ square feet, more or less. CONSTRUCTION EASEMENT A tract of land Lot 31, Block 10, Belmont Addition to the City of Salinn~ Snline County, Knn.~s described as follows: Commencing at the Southeast comer of said Lot 31; thence Northerly along the East line of said Lot 31 on an assumed bearing ofN 00°00'00'E a distance of $.00 feet to the point ofbg~nnin~, the~lC~ S 31°04'07'W a distance of 5.81 fc~t to a point on the South line of said Lot 31; thence N along said South line a distance of 3.00 feet; thence N 00°00'00~E a distance of 130.00 feet to a point on the North line of said Lot 31; thence S 89°36'09"E along said No~h line a distance of 6.00 feet to the Northeast comer of said Lot 31; thence S 00°00'00~E along the East line of said Lot 31 a distance of 125.00 feet to the point ofbe~nning, contnining 773 square feet, more or less. · L. TH/) ,, 1291 Exhibit A &COMPANY OWNER: Beverly G. Revels SALINA, KS 67401 Lot 31 Bloc/( I0 Belmont Addition 3 /E I''= 20' NOTTINGHAM DRIVE ' LEGAL DESCRIPTION: "This does notconstitute o Exhibit B ~ ~O~)z~ /ego/survey, drowin¢ is for ~ ~,~G ~OF 2 -'~ in£ormotionol purposes only." PAGE I OF 2 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 Gene Revels and Beverly Revels, both deceased. 2. The name of the original Mortgagee is The First National Bank and Trust Company, now known as Sunflower Bank, N.A. 3. A Mortgage dated April 4, 1978, was recorded April 10, 1978, at Book 321 of Mortgages, page 888; and a Mortgage dated August 25, 1978, was recorded November 14, 1978, at Book 327 of Mortgages, pages 344-345, all in 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 ~0~ day of Mot c I~ ,2000. STA!E OF KANSAS ~ ~' COUNTY OF SALINE) ss. ~ ~ Sunflower Bank, N.A., successor to FILED FOR RECORD IN MY 0FFIC[ The First national Bank and Trust Company MAR Z 7 2000 AT S: ~)O'CLOCK~M. AND DULY RECORDED By: /~o~ ~°2~-e-~r-On~<- $~ VP ~.,/u~pt,t~VOL. ~ 7'~ OFJ~=AT PAGE~,'~~-5 '~,gVt r) l:3, t, JEU,)COr, ER [Name] ~on5 REG. OF DEEDS ~r~ ~or Vtce ?l~tcS/O~-~tT [Title] STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ~ day of/D~_,,~ ,2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came Sunflower Bank, N.A. 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.  CYNTHIA LARRICK NOTARY PUBLIC STATE OF KANSAS My Appt exp /O/c~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the ~~e~ last above written. [ .~v,~vm exv ,.~o1. o~ Notary Public My appointment expires: /o/a o/o > Beverly G. Revels City of Salina project 98-1138 Ohio Street, Tract 28 PERMANENT EASEMENT A tract of land in Lot 31, Block 10, Belmont Addition to the City of S,~lina, Saline County, K~n.~.~ described as follows: Be~nnlng at the Southeast corller of said Lot 31; thence Notthetly along the East line of said Lot 31 on an assumod bearing ofN 00°00'00~E a distance of 5.00 feet; thence $ 31°04'07'W a distance of 5.81 feet to a point on the South line of said Lot 31; thence S 89°36'09'E along said South line a distance of 3.00 feet to the point of beginning, containiug 7.5 square feet, more or less. CONSTRUCTION EASEMENT A tract of land Lot 31, Block 10, Belmont Addition to the City of S,~lina; S~line Cotmty, I~n.~as described as follows: Commencing at the Southeast corner of said Lot 31; thence Northerly along the Fast line of said Lot 31 on an assumed bearing of N 00°00'00~E a distance of 5.00 feet to the point of beginning, thence S 31°04'07%V a distance of 5.81 feet to a point on the South line of said Lot 31; thence N 89°36'09~V along said South line a distance of 3.00 feet; thence N 00°00'00"E a distance of 130.00 feet to a point on the North line of said Lot 31; thence S 89°36'09'E along said North line a distance of 6.00 feet to the Northeast comet of said Lot 31; thence S 00°00'00~E along the Fast line of said Lot 31 a distance of 125.00 feet to the point of beginning, containing 773 square feet, more or less. Exhibit A &CC)MP,4NY OWNER: Beverly G. Revels SALINA, KS 67401 LotS/ Block I0 Bel~nt Addition /"= 20' eo NOTTINGHAM DRIVE LEGAL DESCRIPTION: "This does not cons/i/ute a Exhibit B q¢¢.~ ~,~_% ~¢~ ~(~ ~~ /eeo/¢urv~. drowin¢ i~ for