Consent of Mortgagee Permanent Utility Easment Lot 1, Block 1 REBECCA SEEMAN
-1-...` ' ZtPEGiSTER OF DEEDS SALINE COUNTY KANSAS
i;i800k: 1275 Page: 1182-1191
°"'' Receipt R: 91951 Recording Fee: 641.00
,
>' Pages Recorded: 10 cfi IVl V e.tec .c m+e.+J
Date Recorded: 12/10/2013 12:21:59 PM
CONSENT OF MORTGAGEE TO
PERMANENT UTILITY EASEMENT AND
PERMANENT SIDEWALK EASEMENT
The undersigned Mortgagee acknowledges that the City of Salina; Kansas has acquired,
or is about to acquire, a Permanent Utility Easement and a Permanent Sidewalk Easement
affecting certain real estate subject to a Mortgage held by Mortgagee, and executes this Consent
of Mortgagee to consent and subordinate its lien to a Permanent Utility Easement and a
Permanent Sidewalk Easement in favor of the City of Salina, Kansas, as follows:
I. The name of Mortgagee is: The Bank of Tescott
2. The name of Mortgagor is: Darks, LLC, a Kansas limited liability company
3. The date of the Mortgage is: October 30, 2009
4. The Mortgage was recorded: October 30, 2009 at Page 1979 of Book 1202
5. That portion of the real estate subject to the Mortgage affected by the Permanent
Utility Easement is legally described on the attached and incorporated Exhibits A and B.
6. That portion of the real estate subject to the Mortgage affected by the Permanent
Sidewalk Easement is legally described on the attached and incorporated Exhibits C and D.
7. The Mortgagee hereby consents to the grant of said Permanent Utility Easement
and Permanent Sidewalk Easement and subordinates the lien of its Mortgage in favor of the City
of Salina, Kansas insofar as it pertains to the real estate affected by the Permanent Utility
Easement and Permanent Sidewalk Easement. This consent shall not affect the lien of the
Mortgagee as it applies to the remaining real estate described in the Mortgage.
215 `n'
Dated this day of IMOY'°µr4L-, 2013
THE BANK OF TESCO' TT
•
%nro
By: ���
�" �
Michael L. Sample, Chief Financial Officer
Book: 1275 Page : 1483
•
STATE OF KANSAS, COUNTY OF MLA , ss:
This instrument was acknowledged before me on this Q <?day !✓ hz , 2013,
by Michael L. Sample, in his capacity as Chief Financial Officer of The Bank of Tescott.
NOTARY PUBLIC STATE OF KANSAS Notary Public
ADAM LACKEY
MYAPPt EXPIRES 6-3-17
Book: 1275 Page : 1484
- Exhibit A - Page 1 of 2
Description:
A tract of land in the Northwest Ouarter (NW V of the Northwest Ouorter (NW V of Section 25, Township 14 South,
Range 3 West of the 5th Principal Meridian, and located in the City of Salina, Saline County, Kansas, said tract is
located in a portion of the vacated public Right-of-Way that is recorded in Saline County Register of Deeds
Miscellaneous Book: 155, Page: 752, said tract more particularly described os follows:
Beginning at the Northwest corner of Lot 1, of Block 1, of Kraft Manor Addition to the Ciiy of Soling, Saline County,
Kansas;
thence on an assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, o distance of 35.78 feet;
thence South 89' 53' 42" West, a distance of 4.04 feet;
thence North 0' 20' 08" West, a distance of 35.79 feet to the Cloud Street Right-of-Way line;
thence North 89' 58' 19" East, a distance of 4.20 feet to the Point of Beginning.
Said tract contains 152 square feet more or less.
CITY OF SAUNA, 300 W ASH. SALINA. KANSAS
PUBLIC Up4KS- ENCINEERING- MIMES
an 11-2872 I . may 2013 M 1-1
IMA. ...ma. t,e.. In •
r. . Book: 1275 Page : 1485
• Exhibit A - Page 2 of 2
Tract 2
Utility Easement
\152 square feet
Point of Beginning - Tract 2
L9 / Northwest corner of Lot 1, Block 1, Kroll Manor Addition
I I
\- Existing Cloud Street Right-of-way I
I
I r
1 -i -1 -\
I I I I N- Proposed Sidewalk Easement -.
I
ml. I
II I s d
o 1r V! `` Building Overhang --.3 `,c
I --irk= I __J; � Building Face o,N
I I I • f7 i ` W
a I :,4 Parcel 6 DARKS LC W
.� @ Lot 1, Block 1, Kroft Manor
°' I " Additon
v v
v 4° o�`a ,._ 5.00
1 L ti O
46
H I 3 In
O ,...c9.
W
tI .! Line Table
2 Lo
Line/ I Length Direction
LI r-10.00--
cw, o L6 1 36.78 500'05'091
N I (b-
W i "`o L7 4.04 589'S3' 42"W
K J t 3 J L8 36.79 NO0'20'081Y
..N
y W 19 4.20 N8958' 191
1 1
Legend
—--— Right-of-way line N CITY OF SALINA. 300 W A9( SAWA. KANSAS
Easement line I PUBLIC 1004YS- INLNEE.I3N0- ULU/1 5
Property line
i 0 15 30 45 • 60
Note: All distances are in feet z�'N �" May 2013 1-1
SCALE: 1" = 30' �.u.. h.
Book : 1275 Page : 1486
• Exhibit B - Page 1 of 2
Description:
A tract of land located in Lot i, Block 1, Kraft Manor Addition to the City of Salina, Saline County, Kansas and more
particularly described as follows:
Beginning at the northwest corner of said Lot 1,
thence on on assumed bearing of North 89' 58' 19" East on the north line of said Lot 1, o distance of 14.48 feet;
thence South 0' 35' 31" West, a distance of 36.76 feet;
thence South 89' 53' 42" West, o distance of 14.05 feet to the west line of said Lot 1;
thence North 0' 05' 09" West, a distance of 36.78 feet to the Point of Beginning.
Said tract contains 524 square feet more or less.
OTY or Sown. JAB W ASH. SALWA. KANSAS
PUBLIC MARKS - ENGINEERING- UTILITIES
11-2872 In mcy1013 1_1
. Book: 1275 Page : 1487
Exhibit B - Page 2 of 2
Point of Beginning - Tract 5
Northwest corner of Lot 1, Block 1, Kraft Manor Addition
Nd958'19
c Proposed Rfr
�14. a
\ - Trract 5 - Utility Easement
524 square feel
`�1 I .I ` Existing Cloud Street Right-of-Way I
I I u L'1 I
o i � 3 3j ` Proposed Sidewalk Easement -. J
o I o l
. c o hl
I1 Nei'- V. ` Building Overhang
-- jL. ` Building Face a N
3 —T--c
W
• I I Parcel 6 DARKS (LC
`�
a i 3 1; 58953'42�W Lot 1. Block I, Kraft Manor 1
l' iI 14.05 Addition
I ° a i 5.00
H
as
2 a
Y
L 1 R m
S 1 a o
In v N
�o E
0
c �
z, 1
W i
a
E
C N
N.
i
I CV
20.(X1--I
1 .
Legend
---- Right-of-way line N car orsuWA, J W ASH. SLWA. KANSAS
Easement line 1 PUBLIC I4 RKS - ENGNEERING- UTU1,15
—,?— Properly line
0 15 30 45 60
Note: All distances are in Teel f �— a. 1`-2872- ...1.j May 201.5 �`�_�
SCALE: 1" = 30' 1 p"
Book : 1275 Page: 1488
• Exhibit C - Page 1 of 2
Description:
A tract of land in the Northwest Quarter (NW V of the Northwest Ouorter (NW V of Section 25, Township 14 South,
Range 3 West of the 6th Principal Meridian, and located in the City of Salina, Saline County, Kansas, said tract is
located in o portion of the vacated public Right-of-way that is recorded in Saline County Register of Deeds
Miscellaneous Book- 166, Page: 762, said tract more particularly described os follows:
Commencing at the northwest corner of Lot 1, of Block I, of Kroft Manor Addition to the City of Salina, Saline
County, Kansas;
thence on an assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, a distance of 11.00 feet to
the Point of Beginning;
thence South 0' 05' 09" East on the west line of said Lot 1, o distance 702 feet;
thence South 89' 58' 00" West, a distance of 10.95 feet;
thence North 0' 00' 55" East, a distance of 702 feet; •
thence North 89' 58' 20" East, o distance of 10.94 feet to the Point of Beginning.
Said tract contains 77 square feet more or less.
air OF S+LWA, 300 W AS% SAUNA, KANSAS
PUBLIC IOSKS - ENCINEEf1VG- Jill]ES
~011-2872 I May2013 �1-1
Book : 1275 Page : 1489
• Exhibit C - Page 2 of 2
•
•
•
Tract 3
Sidewalk Easement
77 swore feet Point of Commencement - Tract 3
Northwest corner of Lot 1, Block 1, Kroft Mona Addition
L20 Point of Beginning - Tract 3
■ / I ` Existing Cloud Street Right-of-Way I
1 r
I U311J 1 - .1 I
I ti ' ° I ~'- Proposed Sidewalk Easement —\-
L11 I
r I ` > i
1 � I1-----v__= ` Budding Overhang S 2
3 N II. \- Building Face 0„t
3 I--o-K-T_7__JI{ a
I _,W
o 0 I h Parcel 5 DARKS LC `"
I ire I; Lot 1, Block 1, Kroft Manor
°' " Addition
et-, 1 a'm °e'Via`, I __ 500
;� I v N o°� o = --�� Line Table
�o 4 W
Line/ Length Direction
LW 7.02 SW 05'On
j--20.00- .
I L 11 1095 S89'58'00W
.c
L12 I 702 NO0'00'551-
W
`,I E.
a, L13 I 10.94 N89'58'101E
M W L20 1 11.00 S00'05'09T
W
Legend
---- Right—of—way line ai
N Y a' SM0.NA, W ASH, SUVA,KANSAS
Easement line
-e- Property line
0 15 30 45 60
--
Note: All distances are in feet da 11-2872 ' My 2013
I^ • X7_1
SCALE: i' = 30' w..
Book: 1275 Page : 1490
Exhibit D - Page 1 of 2
Description:
A tract of land located in Lot 1, Block 1, Kroft Manor Addition to the City of Salina, Saline County, Konsos and more
particularly described as follows:
Commencing at the northwest corner of said Lot 1;
thence on on assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, o distance of 11.00 feet to
the Point of Beginning;
thence North 39' 58' 20" East, a distance of 141.54 feet;
thence North 0' 02' 49" West, a distance of 11.00 feet to the north line of said Lot 1;
thence North 89' 58' 19" East on the north line of said Lot 1, a distance of 32.59 feet to the northeast corner of
said Lot 1;
thence South 0' 05' 48" East on the east line of said Lot 1, a distance of 6.00 feet'
thence South 89' 58' 00" West, a distance of 28.04 feet;
thence South 0' 02' 39" West, o distance of 12.00 feet;
thence South 89' 58' 00" West, a distance of 146.08 feet to the west line of said Lot 1;
thence North 0' 05' 09" West, a distance of 702 feet to the Point of Beginning.
Said tract contains 1243 square feet more or less.
•
OTY OF SALINA. JW W A5/j SALINA. KANSAS
PUBLIC Y64KS- ENavEC'NNC- UiAIPCS
—911-2872 L.
May 200
n ...e.~. . �. . , I•"
. Book: 1275 Page: 1491
Exhibit D - Page 2 of 2
•
Point of Commencement - Trod 6
Northwest corner of Lot 1, Block 1, Kroft Manor Addition
Point of Beginning - Tract 6
c Proposed R/W
\
Tract 6 - Sidewalk Easement
1243 square feet N5958'19"E 32.59
IN ` Existing Cloud Sreet Rlght-of-Way NO D2"49'IY��I
v ,N i I Nag58''20i 141.54 IL00 � x.58958'00"W 2d.04
+ _--c--
0 ,„i
N .-` • • Proposed Sidewalk Cosenen " ... 50.01'39'W
°WIe r- "-- ---�_�_�• 589-58 00 I? 145.08 12.00
1 Ij"-"-�'-- \- Budding Overhang S u
I Building Face o,
' --�- --III o
3 T
` E kW
e i ^t- 1 Parcel 6 BARKS LLC `"
a i 3 Lot 1, Block I, Kroll Manor I�
=^ Addition
✓ i 1 I_._. 500
m 1 rnd
N 1
b
u
1 a .y
t 1 4 m
5 1 a
In N
o, �°, Line Table
s
W : Lire j I Length Direction
KJ F L22 11.00 SOO'05"09"E
1 .qw L23 6.00 S00.05' 48t
1 ill
L24 702 NO0'05"09"W
1.--20.00--I
� I • •
Legend
---- Right—of-way line N WY OF SAUNA. 300 W ASH, SALINA, KANSAS
Easement line PUBLIC sORKS - DOWERING- ulf1LCs
—.N— Property line
1 0 15 30 45 60 sal
Note: All distances are in /eel '� 11-2872 �� 110Y 200 1_1
�� SCALE: r = 30' ,.� ......- .6.444 p" .
"1 air ao6,- Mi.Ltl