Lot 9, Block 4
Mise. B~ .J..1.L Pi
'61
PERMANENT DRAINAGE EASEMENT
1Y1~
THIS INDENTURE, made this~day of&"'~.nJr, 1999, by and between WAYNE D.
FRANCIS AND SUE A. FRANCIS, husband and wife, (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 is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the
City, a permanent drainage easement in, through, over, and across a certain portion of land owned
by the Grantor, more particularly depicted and described on Exhibit A attached to this Permanent
drainage easement, for all rights of ingress and egress of the City, its servants, officers, employees,
contractors, and franchisees, for purposes of constructing, installing, and maintaining a storm
sewer system pipeline in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent drainage easement the
day and year first above written.
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Wayne rancis
£ á.dá./71/;~
..sue A. Francis
STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this.2~dday of F~IaJ?HJ' 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Wayne D. Francis and
Sue A. Francis, husband and wife, 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.
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
STATE OF. KANSAS } Íí. N
COUNTY OF SAUNE
FIlED fOR RECORD '" MV QEElCE
011 MAR 2 6 1999 AT
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Jam s Swedlund NotaryPublic~--
':{ RECORDED
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EG. OF DEEDS
.
DRAINAGE EASEMENT
Owner. Wa)ne D. Francis &- Wife
1240 Eastgate Dr.
Salina, Kansas 67401
. (785)827-5696
PROPERTY DESCRIPTlON: Lot Nine (9) in Block Four (4)
of Eastgate Addition to the City of Salina, Saline County, Kansas.
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DRAINAGE EASEMENT DESCRIPTlON: The east ten (10) feet of Lot Nine (9) in Block Four (4)
of the Eastgate Addition to the City of Salina, Saline County, Kansas, containing one thousand
two hundred nineteen (1,219) square feet, more or less.
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Exhibit A
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CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of an easement by the Mortgagors to the
City of Salina, Kansas (the "City"), as follows:
1.
The names of the Mortgagors are Wayne D. Francis and Sue A. Francis.
2.
The name of the Mortgagee is Capitol Federal Savings and Loan Association.
3.
The Mortgages are:
A. dated March 21, 1994, and recorded March 21, 1994, at Book 485 of
Mortgages, pages 747-750; and,
B. dated December 9, 1996, and recoràeà December 13, 1996, at Book 540 of
Mortgages, pages 692-695, both in the records of the Register of Deeds of Saline
County, Kansas.
4.
Mortgagors intend to convey to the City
A. a permanent drainage easement (the "Easement") for the purpose of
constructing, installing, and maintaining a storm sewer system pipeline in
perpetuity
The permanent drainage easement is more particularly depicted and described on the Engineering
Drawings attached as Exhibit A to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage liens as they apply to the
property described in the Mortgages.
Dated this 11- day of ft14,. t.. ~
STATE Of: KA.NSAS . } ~ ~ytt
COUNTY. OF SALINE ftI:aI'l:
fiLED fOR iECORD IN MY vP.1VIoo
OM MAR 2 6 1999 AT
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K EG. OF DEEDS
S AT F , SAutoAE
,1999.
CAPITOL FEDERAL SAVINGS AND LOAN
ASSOCIATION
By: ~~C~
rD~"; e..1 L. ,,~
IS V ~ f/lQ,.:J..Jt.T
[Name]
[Title]
COUNTY, ss:
BE IT REMEMBERED, that on this 11 day of MAIl.~ , 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
DAtJ IEL. L.. .Jø'-lE:!::> , ~ltST V'(E PRt:SJÞem"of Capitol
Federal Savings and Loan Association, who is personally known to me to be the same person who
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executed the foregoing Consent to Easement on behalf of said mortgagee and said person duly
acknowledged the execution of the same as the act of said mortgagee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year last above written.
~L~
DALE E. SADER
N.OTA-RY PUBLIC
STATE OF KAN A
MY APP'T EXPIRES 10
Notary Public
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DRAINAGE EASEMENT
Owner. Wa)ne D. Francis &- Wife
1240 Eastgate Dr.
Salina, Kansas 67401
, (785)827-5696
PROPERTY DESCRIPTlON: Lot Nine (9) in Block Four (4)
of Eastgate Addition to the City of Salina, Saline County, Kansas.
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18.83'
61.25'
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80'
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DRAINAGE EASEMENT DESCRIPTlON: The east ten (10) feet of Lot Nine (9) in Block Four (4)
of the Eastgate Addition to the City of Salina, Saline County, Kansas, containing one thousand
two hundred nineteen (1,219) square feet, more or less.
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Exhibit A
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AGREEMENT
This Agreement is made this ~~y of March, 1999, by and between WAYNE D.
FRANCIS and SUE A. FRANCIS, husband and wife, hereinafter referred to as the "Owner," and
the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "City."
RECITALS
A. The City, in conjunction with the Eastgate Drainage Improvement Project, wishes
to acquire from the Grantor a permanent drainage easement in, through, over, and across a
certain portion of land owned by the Grantor (the "property") for the purpose of constructing,
installing, and maintaining a storm sewer system pipeline in perpetuity, (the "permanent drainage
easement").
B. The City has caused the permanent drainage easement to be acquired to be
appraised and has negotiated a purchase price with the Owner all in the manner prescribed in
Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
C. It is the desire of the Owner to convey the permanent drainage easement to the
City upon the terms and conditions contained in this Agreement.
FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
1. Description. The permanent drainage easement to be conveyed by the Owner to
the City shall be as depicted and legally described on the attached and incorporated Exhibit A.
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Three Thousand Four Hundred Four and 591100 Dollars ($3,404.59) for the permanent drainage
easement consisting of the following:
Permanent drainage easement
(1,219 square feet at $1.747 per square feet)
$2,129.59
Damages to remaining property
(reduced utility)
1.275.00
Total Compensation
$3,404.59
3. Indemnification. For a period often (10) years following completion of the work
by the City to install the storm sewer system pipeline, the City agrees to indemnify and hold the
Owner harmless from any and all damages to owner's home located on the property that is
attributable to the City's work to install the storm sewer system pipeline.
4. Sidewalk. To the extent that the City's work to install the storm sewer system
pipeline requires removal and reconstruction of public sidewalk located in the street right-of-
way, the cost of reconstruction of the sidewalk shall be the responsibility of the City.
5. Documents. The Owner agrees that the permanent drainage easement shall be
conveyed to the City by Grantor's execution and delivery to the City of a Permanent drainage
easement document identical to the copy attached as Exhibit B to this Agreement. The
Permanent drainage easement document shall be recorded by the City with the office of the
Saline County Register of Deeds, at the expense of the City.
6. Covenant of Title. Owner covenants that Owner is the lawful owner of the
property and that the property is not subject to any contract for sale or other liens and
encumbrances except (1) a Mortgage dated March 21, 1994, in favor of Capitol Federal Savings
and Loan Association, recorded March 21,1994, in Book 485 of Mortgages, pages 747-750; and
(2) a Mortgage dated December 9, 1996, in favor of Capitol Federal Savings and Loan
Association, recorded December 13, 1996, in Book 540 of Mortgages, pages 692-695.
7. Consent to Easement. In those cases where the property is subject to mortgage or
other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and
acknowledged consent to the easement executed and acknowledged by a duly authorized
representative of the lienholder. Any consent to easement shall be recorded by the City with the
office of the Saline County Register of Deeds, at the expense of the City.
8. Closing. Closing shall take place on or before ~ IS,.uv, 1999. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged permanent
drainage easement document,
b.
deliver to the City any necessary consent to easement documentation,
c. provide the City with any other necessary information such as Owner's
current mailing address and social security numbers or tax identification numbers,
at which time the City shall pay Owner the total compensation set forth in paragraph (2) above.
9. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
-2-
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10. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
2(~~9. ~- ~èJ
Wayn . FranCiS
Social Sec. /Tax ID No. ;)1.,i1 $" 0 E> 9 ~ I
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süé A. Francis -
Social Sec. /Tax ID No. 51-).. --5 Lj _. 3h~ J
"Buyer"
CITY OF SALINA, KANSAS
By
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Dennis M, Kissinger, C' y M,;;,ãger
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URAINA GE EASEMENT
Owner. Wa)ne D. Francis &- Wife
1240 East gate Dr.
Salina, Kansas 67401
- (785)827-5696
PROPERTY DESCRIPTlON: Lot Nine (9) in Block Four (4)
of Eastgate Addition to the City of Salina, Saline County, Kansas.
80'
~
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9
18.83'
61.25'
--
~ - 80' - I.~
C'\ .
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19.42' I
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10 1.300 ;'
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,. = 50'
DRAINAGE EASEMENT DESCRJP770N: The east ten (10) feet of Lot Nine (9) in Block Four (4)
of the Eastgate Addition to the City of Salina, Saline County, Kansas, containing one thousand
two hundred nineteen (1,219) square feet, more or less.
Exhibit A
.
"
PERMANENT DRAINAGE EASEMENT
THIS INDENTURE, made this - day of February, 1999, by and between WAYNE D.
FRANCIS AND SUE A. FRANCIS, husband and wife, (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 is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the
City, a permanent drainage easement in, through, over, and across a certain portion of land owned
by the Grantor, more particularly depicted and described on Exhibit A attached to this Permanent
drainage easement, for all rights of ingress and egress of the City, its servants, officers, employees,
contractors, and franchisees, for purposes of constructing, installing, and maintaining a storm
sewer system pipeline in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent drainage easement the
day and year first above written.
Wayne D. Francis
Sue A. Francis
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of February, 1999, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Wayne D. Francis and
Sue A. Francis, husband and wife, 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.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S'A. 79-1437e(a)(13)]
Exhibit B
, ".' .
" .
URAlNA GE EASEMEf\IT
Owner. Wa)ne D. Francis &- Wife
1240 Eastgate Dr.
Salina, Kansas 67401
, (785)827-5696
PROPERTY DESCRIPTlON: Lot Nine (9) in Block Four (4)
of Eastgate Addition to the City of Salina, Saline County, Kansas.
80'
-
~
C'-Ï
C'\
--
9
18.83'
61.25'
--
~ - 80' - .~
C'\ .
-L_------.J~
19.42'
/
10 ¡.fa< ;'
./ ~
«) 't .
\~Î/ ~'/
/" øYe,
0
/ \~
-- x.-é
<'V
~
~ Drainage Easemen t
-
)
,- = 50'
DRAINAGE EASEMENT DESCRIP710N: The east ten (10) feet of Lot Nine (9) in Block Four (4)
of the Eastgate Addition to the City of Salina, Saline County, Kansas. containing one thousand
two hundred nineteen (1,219) square feet, more or less.
Exhibit A