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Turnaround Easement ..'" REBECCA SEEMAN C- REGISTER OF DEEDS 'N SALINE COUNTY KANSAS ~ook: 1123 Page: 1584 ReceIpt I: 32080 Total Fees: 520_00 Pages Recorded: 4 Date Recorded: 3/7/2006 12-25-33 PM GRANT OF TEMPORARY TURNAROUND EASEMENT - - THIS INDENTURE, made this 3c~ day of January, 2006, by and between FRANK C. NORTON and JEANNE M. NORTON, Trustees of the Revocable Inter Vivos Trust of Frank C. Norton, dated May 13, 2002, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): " II . WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City that certain portion of land owned by the Grantor as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as a public turnaround easement (the "Turnaround Easement") for the purposes of locating, constructing, excavating, and maintaining: A temporary gravel roadway connecting the east end of Ridge hill Drive with the east end of Stonepost Lane in lieu of a permanent cul-de-sac or turnaround at the eastern terminus of the streets to allow fire apparatus, trash collection trucks and other vehicles to turnaround without backing up on those streets. Grantor acknowledges that this Grant of Temporary Turnaround Easement does not create an obligation by the City to maintain the described real estate. Maintenance of the gravel roadway shall be the responsibility of the owners of the abutting Magnolia Hills Estates Addition. Grantor hereby covenants that it is the lawful owner of the described real estate and has the right, power, and authority to convey the rights granted hereby. FURTHER WITNESSETH: That this Turnaround Easement shall remain in place on the land described in Exhibit A until such time as the property is platted. The temporary turnaround easement shall be released and vacated at the time that Ridgehill Drive and Stonepost Lane are extended to connect to another public street or right-of-way is dedicated to construct a cul-de-sac at the eastern terminus of the streets. IN WITNESS WHEREOF, the Grantor has hereunto caused executed the day and year first above written. øt;~H~ Frank C. Norton, Trustee """L~//~)1 > ../ eanne M. Norton, T ee v/ this instrument to be ST ATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this .?Þ't day of January, 2006, before me, the undersigned, a notary public in and for the county and state aforesaid, came FRANK C. NORTON and JEANNE M. NORTON, Trustees of the Frank C. Norton Revocable Inter Vivos Trust, dated May 13, 2002, who are personally known to me to be the same persons who " Book: 1123 Page: 1585 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. ~ DEBORAH:'. RC- iHENE<:RCER Notary I>..¡D;", - :::w¡o c; :\a;¡:¡a~ ,æ : My Appt. l!:)<;:IrB~ - I -' '}¡iltMi I,{ ~Y4füiJnfi:K otary Public CITY OF SALINA, KANSAS ACCEPTED BY: ~tiI. ~ Deborah Divine, Mayor ATTEST: ~~~ STATE OF KANSAS; COUNTY OF SALINE, SS: On this "3D-tL day of January, 2006, before me a Notary Public in and for said state, personally appeared Deborah Divine, Mayor, and Lieu Ann Elsey, City Clerk, for the City of Salina, Kansas, known to me to be the persons who executed the agreement on behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes therein stated. ~~ otary PublIc ft. LaDONNA BENNETT ~ Notary Public - State of Kansas My Appt. Expires October 23, Q.¿)OtS -2- " )' " EXHIBIT A Book: 1123 Page: 1586 ~al Description A parcel in the SE 1/4 of S29- T14S-RlW, Saline County, Kansas ~ skJtyDGqm~lN~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 Legal Description (60' Temporary Emergency Turnaround Easement across Frank Norton, Trust) A parcel of land located in the Southeast Quarter of Section 29, Township 14 South, Range 2 West of the 6th Principal Meridian in the City of Salina, Saline County, Kansas, being 60.0 feet in width and used for emergency turnaround purposes, and is more particularly described as follows: Commencing at the Southwest comer of said Southeast Quarter; thence on an assumed bearing ofN 89°26'52" E along the South line of said Southeast Quarter a distance of 898.00 feet; thence N 00°33'05" W along the West line of Magnolia Hills Addition, and extensions thereof, a distance of2122.30 feet to the POINT OF BEGINNING of the parcel to be described; - thence continuing N 00°33'05" W a distance of381.34 feet; - thence N 89°26'55" E a distance of 60.00 feet; - thence S 00°33'05" E a distance of381.34 feet; - thence S 89°26'55" W a distance of 60.00 feet to the POINT OF BEGINNING; Said parcel contains 22,880 square feet, more or less, and is subject to easements, reservations and restrictions of record. Date: 6/1/05 Proj. #: 05-3902 Page: 1 of 2 ,~ .. ~ skvétyÐacf !U@-lN~ Office: (785) 263-2625 Fax: (785) 263-1580 ---- 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 10 Sketch A parcel in the SE 1/4 of S29- T14S-RlW, Saline County, Kansas EXHIBIT B Book: 1123 Page: 1587 -------, 20' Utili 10' Utility .. : Easement Easement I 11 12 I I I I 25' Buil.flli!g Setb k__- I ---------- ~25'Buil .n Setback- 3 4 ---- -------- ------ 10 ~s vS ~# \ 25' Buildin SCALE: 1 "= 1 00' 100 0 ~ 100 ~ I 8."~ ----- ~ 8 Se1QäcL --- ~' BuilQillg tb~- 4 5 10' Utili Easement ------ ------ 11 10 6 ------- 9 Southwest Corner Southeast Quarter S29- T14S-RlW POINT OF COMMENCEMENT Date: 6/1 0/05 Proj. #: 05-3902 N 89°26'52" E 898.00' Page: 2 of 2 ~ ~ ~. ~~ ~U\(, (j.~ --- I I 6 I I - U.. l"'<t 10' tlhty.. I ~ Easement J 0;; ------- I"") ------1 ~ I = ,;£ 1M If;" 1° 1° IZ 7 I 7 I 10' Utility.. : Easement I ò II"") ---....., I N '..J ~ ---, N , 'ì ~ l:'n 10 1M If;" ° ° Z 8 MAGNOLIA ROAD N 89°26'55" E L 60.00' - --, I I I I I I I I I I I I- I;; I""': 100 II"") I~ = 1;£ 1M If;" 1° 1° 1m I I I I I : S 89°26'55" W - - ¿; 60.00' POINT OF BEGINNING