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Drainage Easement (Temp) i'~ < - REBECCA SEEMAN 6 REGISTER OF DEEDS .1 S :iINE COUNTY KANSAS 'v Book: 1123 Page: 1588 Receipt I: 32Ø80 -rotal Fees: $20.Ø8 Pages Recorded: 4 GRANT OF TEMPORARY DRAINAGE EAS~ed: 3/7/2006 12:25:34 PM t'h THIS INDENTURE, made this '30 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"): 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 drainage easement (the "Drainage Easement") for the purposes of locating, constructing, excavating, and maintaining: Stormwater detention facilities, including swales, ditches, pipelines, inlets and pumps for the purpose of collecting, detaining and transmitting surface stormwater. Grantor acknowledges that this Grant of Temporary Drainage Easement shall neither alter nor affect the Grantor's obligation to maintain the described real estate. Grantor hereby covenants that they are the lawful owners of the described real estate and have the right, power, and authority to convey the rights granted hereby. FURTHER WITNESSETH: That this Drainage Easement shall remain in place on the land described in Exhibit A until such time as the property is platted at which time the temporary easement shall be released and vacated and replaced by a platted drainage easement. IN WITNESS WHEREOF, the Grantor has hereunto caused this executed the day and year first above written. c£:-- ~ Frank C. Norton, Trustee instrument to be ~------ STATE OF KANSAS, SALINE COUNTY, ss: . ~h BE IT REMEMBERED, that on this ,5t') - 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 executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of the trust. s~ Book: 1123 Page: 1589 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~ DEBORAH .~" " 'I:., :~c::~::?:~:R Notary P'x>,:C - ,__8'0 ~. .I._,,~i> . == : My Appt. lD.;¡or3' t-' . _.~ 'èJ.Jw,yj ¡J f~djW'Jbf( otary Public CITY OF SALINA, KANSAS ACCEPTED BY: ¿ p.L. ~ Deborah Divine, Mayor STATE OF KANSAS; COUNTY SALINE, SS: On this 3~ 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. cR~~...¿~ Notary Public a. laDONNA BENNETT ~ Notary Public-State of Kansas My Appl Explrcs October 23, ~ -2- EXHIBIT A Book: 1123 Page: 1590 --'\. ~al Description A parcel in the SE 1/4 of S29- T14S-R2W, Saline County, Kansas ~ Sk~yQGqm~XN~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abi1ene, Kansas, 67410 Legal Description (Temporary Storm Water Drainage 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 used for stonn water drainage 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 440.00 feet; - thence S 00°33'05" E a distance of381.34 feet; - thence S 89°26'55" W a distance of 440.00 feet to the POINT OF BEGINNING; Said parcel contains 167,789 square feet, more or less, and is subject to easements, reservations and restrictions of record. Date: 6/10/05 Proj. #: 05-3902 Page: 1 of 2 . . " " EXHIBIT B Book: 1123 Page: 1591 ~ sk~yQGqrn~lN~ Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas, 67410 ------ - ------ï ë I :':::0 I ;§ë 11~~ ---- ---- ~ë 5'.êË ~o '" - '" ---_: ~ - --- I I I I - '<t It"'! -------' oc; I") 6 ----- Îë- ------ì ~ :':::0 §ë 8 0 ~ -~ --- --- 6 Southwest Corner Southeast Quarter S29-T14S-R2W POINT OF COMMENCEMENT 7 I I I~ N 89°26'52" E 898,00' Date: 6/1/05 Page: 2 of 2 Proj. #: 05-3902 d- \:) ~ e..;:.~ C. \ ~ ~ ~) CJ "\d ') Sketch A parcel in the SE 1/4 of S29- T14S-R2W, Saline County, Kansas SCALE: 1 "=100' 100 0 ~ 100 I -- - - - - - -- - - -- Ñ-89õi6'55-;¡'E- .i4Õ.õÔ;- - - - - - - - --- --1 I I I I I I I I I - I ;;1 ....;1 001 1")1 ¡¡'¡I = I ;£1 ~I ~I 01 01 (/)1 I I I I I I I I I -------------§~~~~~:~-~~~~-----------_J POINT OF BEGINNING Ïr\o 01") ~N I")N ° - 8N Z South line SE 1/4 MAGNOLIA ROAD