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Lot 1, Block 15 GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this //-~ day of Fa~y, 2000, by and between GARRETT J. GREER, a single person, and BARBARA C. GREER and LARRY R. GREER, her husband, (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. ) STATE OF ~NSA~ ~ ~' COUNTY OF SALINE ss. ON MAR Z 42000 AT ~ :,.,-.~'CLOC~U. AND DULY RECORDED Barbara-C. Greer ~t~g~..~. OFJ~TPAGEt_..S'~'tSb ~_~. '~re ~. -~/-~ rt'a ~l,~SVlan-~EG. OF DEEDS Larry .t%~r, er ' STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this }! bf~ day of ~y, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came GARRETT J. GREER, a single person, 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. ~t ~T~Tt O~ g,~.~_, i ~-" Notary Public STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this t/'~-4<lay of February, 2000, before me, the undersigned, a notary public in and for the county and state aforesaid, came BARBARA C. GREER and LARRY R. GREER, her husband, 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 above written. [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Garrett J. Greer, Barbara C. Greer & Larry R. Greer City of SMins Project 98-1138 Ohio Street, Tract 18 PERMANENT EASEMENT A tract of land in Lot 1, Block 15, Belmont Addition to the City of Salina, Saline County, Kansas d~cribed as follows: Be~nnlng at the Northeast comer of said Lot 1; thence Southerly along the East line of said Lot I on an assumed bearing ofS 00°00'00~E a distance of 3.00 feet; thence N 44°48'04~V a distance of 4.26 feet to a point on the North line of said Lot 1; thence S 89°36'09"E along said North line a distance of 3.00 feet to the point of beginning, containing 4.5 square feet, more or less. CONSTRUCTION EASEMENT A tract of land Lot I, Block 15, Belmont Addition to the City of Salina, Saline County, Kanakas described as follows: Be~nning at the Southeast comer of said LOt 1; thence Northerly along the East line of said Lot 1 on an assumed bearing ofN 00°00'00"E a distance of 116.84 feet; thence N 44°48'04~W a distance of 4.26 feet to a point on the North line of said Lot I; thence N 89°36'09"W along said North line a distance of 3.00 feet; thence ofS 00~0'00~E a distance of 83.94 feet; thence N 89°36'09"W a distance of 17.00 feet; thence of$ 00'~)0'00"E a distance of 35.90 feet to a point on the South line of said Lot 1; thence S 89°36'09~E along said South line a distance of 23.00 feet to the point of be~nning, containing 1325 square feet, more or less. Exhibit A &COMPANY OWNER: Garrett J. Greer, Barbara C. Greer & Larry R. Greer Salina, KS 67401 Lot I Block 15 Belmont Addition I'~ 20' e~ m4~ ~~ ~ ~xh~b~ ~ L E G A L D E S C R I P T I0 N: 'This does not constitute o \.. O~.,j, . /ego/survey, drowing i$ for SEE PAGE 2 OF 2 informotionolpurposes only." PAGE 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 names of the Mortgagors are Gan'ett J. Greer, Barbara C. Greer and Larry R. Greer. 2. The name of the Mortgagee is Security Savings Bank, f.s.b. 3. A Mortgage dated January 21, 2000, was recorded January 21, 2000, at Book 639 of Mortgages, pages 398-405 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 are 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. Date ' d this ///~ day of ~ ,2000. COUNTY OF SALINE: FILED FOR RECORD IN MY 0FFICt Security Savings Bank, f.s.b. ~ :D~) n,m new AM AND DULY RECORDED By~/~ / .~_~/~ ~.1/~. v iTA--"E_0F V. AT PAGd?'° [Title]ENamel lQ~J_~,m r'J(aJ~EG. OF DEEDS ~::~~ ' STATE OF /~'Am ~" A ~' , ..~-/t J-//~" F~.-- COUNTY, ss: BE IT I~MEMBEI~D, that on this / b4~lay of/4d~t fAC ~. , 2000, before me, the undersigned, a notm'y public in and for the county and state aforesaid, came Security Savings Bank, f.o.b., who is personally known to me to be the same persor~ 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 WItEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. ~*~'-'~' STa~ ~0~ ~ ~ ~/ -Notary'Public My appointment expires: Garrett J. Greer, Barbara C. Greer & Larry R. Greer City of Salina Project 98-1138 Ohio Street, Tract 18 PERMANENT EASEMENT A tract of land in Lot 1, Block 15, Belmont Addition to the City of Salina, S~line County, Kansas descn~ as follows: Be~nning at the No~ corner of said Lot 1; thence Southerly along the East line of said Lot I on an assumed bearing ors 00°00'00~E a distance of 3.00 feet; thence N 44°48'04%V a distance of 4.26 feet to a point on the North line of said Lot I; thence S 89°36'09"E along said North line a distance of 3.00 feet to the point of beginning, containing 4.5 square feet, more or less. CONSTRUCTION EASEMENT A tract of land Lot 1, Block 15, Belmont Addition to the City of Salina~ Saline County, Kansas described as follows: Be~nning at the Southeast comer of said Lot 1; thence Northerly along the East line of said Lot 1 on an assumed beating ofN 00°00'00~E a distance of 116.84 feet; thence N 44°48'04'W a distance of 4.26 feet to a point on the North liae of said Lot 1; thence N 89°36'09~V along said North line a distance of 3.00 feet; thence ofS 00°00'00~E a distance of 83.94 feet; thence N 89°36'09'W a distaace of 17.00 feet; thence ofS 00°00'00~E a distance of 35.90 feet to a point on the South line of said Lot 1; thence S :_~ _-.. 89°36'09"E along said South line a distance of 23.00 feet to the point ofbe~nning, containing 1325 - ' square feet, more or less. Exhibit A &COMPANY /.:-(~- EASEMENT ACOUISITION ,~;~,.;~.~._[~: J.~0._~. OVFNER: Garrett J. Greer, Barbara C. Greer & Larry R. Greer Salina, KS 67401 b~ cS u~ ~. - ~- ' . Bilk 15 ~ Belmont Addition ~ 17' ~ I"= 20' LEGAL DESCRIPTION: "This does nol constitute (~ legql survey, drewing is for SEE PAGE 2 OF 2 informotionolpurpose5 only." PAGE I OF ?