Lot 1 - 4, Block 11
Mile. Bk l¿rl PI /ð K
PERMANENT EASEMENT
TBI8 IHDDI'l'URB, made this _':lO~- day of ~ , 19JL, by
and between DORALD B. DIECKBOFF and OPAL A. ~. Trustee.
of the DOMALD B. DIBCKBOFF TRO8T under aqre..ent dated April 1,
1'82, (the "Grantor"), and the CITY OF 8ALIBA, KANSAS, a municipal
corporation (the "City").
_ITRB88BTB: The Grantor for a 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 easement in, through, over, and across a certain
portion of land owned by the Grantor, more particularly described
as follows:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence southeasterly a distance of
10.44 feet to a point 10.00 feet East and 3.00 feet North
of said Southwest corner; thence East and parallel to the
South line of said Lots One (1), Two (2), Three (3) and
Four (4) a distance of 285.00 feet more or less to the
East line of said Lot Four (4); thence South along said
East line a distance of 3.00 feet to the Southeast corner
of said Lot Four (4); thence West along the South line of
said Lots Four (4), Three (3), Two (2) and One (1) a
distance of 295.00 feet more or less to the point of
beginning.
The above described parcel of land contains 900.00 square
feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IR WITRESS WHEREOF, the Grantor has signed this Permanent
Easement this 3(}t~ day of ~f ' 1991.
~~
:~~~ =LlNE l S!~ ( pi )
.FlLED FOR RECORD IN MY OFFICE
ON OCT 2 S 19J1 AT
~ £120'~. ANI):1J!Jl Y RECORDfP (I, I q
~~~T PAGElQ. ,0 I
QEG. OF DEEDS
oI!rP (i ØPL;I~
Op A. D1eékhoff, T tee
,.
/
-.
r
Misc. Bk I....I){
'1 101
STATE OF KANSAS, SALINE COUNTY, ss:
BB IT REKBKBERBD, that on this 3~ day of ~J~ , 1991,
before me, the undersigned, a notary public in a~ county
and state aforesaid, came DOMALD B. DIBCKBOFJ' and OPAL A. DIBCKBOJ'F
a. Trustees of the DOMALD B. DIBCKBOJ'F TROST under aqre..ent dated
April 1, 1'82, 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.
IH WITHBS8 WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
.. '-.' ,-,-,-""""".-"-,-,,,-."
~L- ~~~
~ Notary Public
f NJ"íi.[,Y PU:LlC
¡ STi\TE OF !(;'diSAS
I I,W APPT. EX?i¡"S 10 -,21. -?l-- i
!.--~~-,"-"",'.J~ ..
#
og
g
~
-2-
~~
AGREEMENT
This Agreement is made this ;3 ð Þe- day of (~~t; ,
1991, by and between DORALD B. DIECKHOFJ' and OPU A. DIECKBOFP as
Trustees of the DORALD B. DIECKBOFJ' TROST under aqreement dated
April 1,1'82, hereinafter referred to as the "Grantor," and the
CITY 01' SALIBA, KANSAS, a municipal corporation, hereinafter
referred to as the "City."
RECITALS
1. The City, in conjunction with the Crawford street
improvement project, wishes to acquire from the Grantor a
permanent easement in, through, over, and across a certain
portion of land owned by the Grantor for the purpose of
installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity,
hereinafter referred to as the "permanent easement".
2. The City, also in conjunction with the Crawford street
improvement project, wishes to acquire from the Grantor a
temporary easement in, through, over and across a certain portion
of land owned by the Grantor for the purpose of matching grade"
between project improvements and concrete improvements such as
driveways and sidewalks.
3. The City has caused the permanent and temporary
easements to be acquired to be appraised and has negotiated a
purchase price with the Grantor all in the manner prescribed in
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.
4. It is the desire of the Grantor to convey the permanent
and temporary easements to the City upon the terms and conditions
contained in this Agreement.
FOR AND IB COBSIDERATIOB of mutual and reciprocal promises
and agreements set forth herein, the parties agree as follows:
A. Descriotion. The interest to be conveyed by the Grantor
to the City shall be public permanent and temporary easements in,
through, over, and across real estate owned by the Grantor more
particularly described as follows:
1.
Permanent Easement:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
I .
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence Southeasterly a distance
of 10.44 feet to a point 10.00 feet East and 3.00 feet
North of said Southwest corner; thence East and
parallel to the South line of said Lots One (1), Two
(2), Three (3) and Four (4) a distance of 285.00 feet
more or less to the East line of said Lot Four (4);
thence South along said East line a distance of 3.00
feet to the Southeast corner of said Lot Four (4);
thence West along the South line of said Lots Four (4),
Three (3), Two (2) and One (1) a distance of 295.00
feet more or less to the point of beginning.
The above described parcel of land contains 900.00
square feet more or less.
2.
Temoorarv Easement:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Commencing at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet to the point of beginning; thence
continuing North along the West line of said Lot One
(1) a distance of 9.00 feet; thence East and parallel
to the South line of said Lots One (1), Two (2) and
Three (3) a distance of 136.00 feet; thence South and
parallel with the West line of said Lot One (1) a
distance of 12.00 feet; thence West and parallel with
the South line of said Lots Three (3), Two (2) and One
(1) a distance of 126.00 feet to a point 10.00 feet
East and 3.00 feet North of said Southwest corner;
thence Northwesterly a distance of 10.44 feet more or
less to the point of beginning.
The above described parcel of land contains 1617.00
square feet more or less.
B. Comoensation. The City agrees to pay the Grantor upon
closing the total sum of Twenty-two Thousand Three Hundred
Ninety-one and 95/100 Dollars ($22,391.95) for the permanent and
temporary easements, consisting of the following:
-2-
1.
Permanent Basement
(900.00 sq. ft. at
$5.00 per sq. ft.)
$ 4,500.00
2.
Temporary Basement
(1617.00 sq. ft. at
$1.25 per sq. ft.)
Damaqe8 to remaininq property 15.870.70
(reduced utility $1,800; moving
2 double pole signs $9,115.65;
lights $3,955.05; and cost of
sprinkling system $1,000)
2,021.25
3.
Total compensation
$22,3'1.'5
C. Permanent and Temoorary Easements Documents. The
Grantor agrees that the permanent easement shall be conveyed to
the City by Grantor's execution an~ delivery to the City of a
Permanent Easement document identical to the copy attached as
Exhibit "A" to this Agreement and a Temporary Easement document
identical to the copy attached as Exhibit "B" to this Agreement.
The permanent and temporary easements shall be recorded by the
City with the office of the Saline County Register of Deeds, at
the City's expense.
D. Covenant of Title. Grantor covenants that Grantor is
the lawful owner of the real estate described in paragraph (A)
above and that the real estate is not subject to any contract for
sale or other liens and encumbrances except a Mortgage in favor
of KATBERIRE D. WADDELL TROST under aqreement dated Karch 2',
1'74, in the amount of $349,999.99, dated May 31, 1985 and
recorded June 3, 1985 in Mortgage Book 373, page 397.
E. Consent to Easement. In those cases where the permanent
and temporary easement described in paragraph (A) are subject to
mortgage or other liens or encumbrances, the Grantor 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 City's expense.
F.
C~o~. 0) Closing shall take place on or before
}¡ ~ Qo I ¡t¡q J . At closing the Grantor shall:
,
1. deliver to the City the fully executed and
acknowledged permanent and temporary easement
documents,
-3-
2. deliver to the City any necessary consent to
easement documentation,
3. provide the City with any other necessary
information such as Grantor's current mailing address
and tax identification numbers,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
G. Nonassiqnable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
H. Bindinq Effect. The terms of this Agreement shall be
binding upon and inure to the benefit of the heirs, executors,
administrators, and assigns of the parties hereto.
IR WITRESS WBEREOP, the parties have hereunto set their
hands the day and year first above written.
~~~
Tax ID No. 'tf- ¿'Z'f~o c{J-
~~f: D~~if~l#£
Tax ID No. 'I r - c, 2 Ý ~~ ro-
CITY OF SALINA, KANSAS
4~ ~
By , ,c.--'-'::"- ~ .. -....r-\ \
Denn1s M. K1ssing r,. v
City Manager
-4-
P ERMANBRT BAS EMENT
TBIS IHDBRTURB, made this day of , 19 , by
and between DOMALD B. DIBCKBOPF and OPAL A. DIBCKBOFF a. Trustees
of the DOMALD B. DIBCKBOFF TROST under aqreement dated April 1,
1'82, (the "Grantor"), and the CITY 01' SALIBA, KANSAS, a municipal
corporation (the "City").
WITBESSETB: The Grantor for a 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 easement in, through, over, and across a certain
portion of land owned by the Grantor, more particularly described
as follows:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence Southeasterly a distance of
10.44 feet to a point 10.00 feet East and 3.00 feet North
of said Southwest corner; thence East and parallel to the
South line of said Lots One (1), Two (2), Three (3) and
Four (4) a distance of 285.00 feet more or less to the
East line of said Lot Four (4); thence South along said
East line a distance of 3.00 feet to the Southeast corner
of said Lot Four (4); thence West along the South line of
said Lots Four (4), Three (3), Two (2) and One (1) a
distance of 295.00 feet more or less to the point of
beginning.
The above described parcel of land contains 900.00 square
feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IB WITBESS WHEREOP, the Grantor has signed this Permanent
Easement this day of , 1991.
Donald H. Dieckhoff, Trustee
~~
0 I A. D1eckhoff, Trustee
Exhibit A
STATE OF KANSAS, SALINE COUNTY, ss:
BB IT RBKBKBBRBD, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came DORALD B. DIECKBOJ'J' and OPAL A. DIBCKBOFP
a. Trustees of the DOMALD B. DIBCKBOFF TROST under aqreement dated
April 1, 1'82, 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.
IB WIT.EBB WHERBOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
-2-
TEMPORARY BASEMENT
TBIB IHDBRTORB, made this day of , 1991
by and between DORALD B. DIECKBOFP and OPAL A. DIECKBOFP as
Trustees of the DORALD B. DIECKBOFF TROST under aqreement dated
April 1, 1'82, (the "Grantor"), and the CITY OF SALIBA, KANSAS, a
municipal corporation (the "City").
WITBBSSETB: 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 temporary easement in, through, over, and across a
certain portion of land owned by the Grantor, more particularly
described as follows:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Commencing at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet to the point of beginning; thence
continuing North along the West line of said Lot One
(1) a distance of 9.00 feet; thence East and parallel
to the South line of said Lots One (1), Two (2) and
Three (3) a distance of 136.00 feet; thence South and
parallel with the West line of said Lot One (1) a
distance of 12.00 feet; thence West and parallel with
the South line of said Lots Three (3), Two (2) and One
(1) a distance of 126.00 feet to a point 10.00 feet
East and 3.00 feet North of said Southwest corner;
thence Northwesterly a distance of 10.44 feet more or
less to the point of beginning.
The above described parcel of land contains 1617.00
square feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of matching grade between project improvements and
concrete improvements such as driveways and sidewalks, for a term
of two years commencing with the date of this indenture.
IB WITBESS WHEREOF, the Grantor have signed this Temporary
Easement this day of , 1991.
Donald H. Dieckhoff, Trustee
Opal A. Dieckhoff, Trustee
Exhibit B
STATE OF KANSAS,
COUNTY, ss:
BE IT REKBKBBRED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came DOBALD B. DIBCKBOFP and OPAL A.
DIBCKBOFP a. Trustee. of the DORALD B. DIBCKBOFJ' TROST under
aqreement dated April 1,1'82, 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.
IB WITBBBS WBEREOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
-2-
t
.. '-
Mise. Bk AI;"'l
Pg 112.
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 name of the Mortgagors are Donald H. Dieckhoff and
Opal a. Dieckhoff as Trustees of the Donald H. Dieckhoff Trust
under agreement dated April 1, 1982.
2. The name of the Mortgagee is Katherine D. Waddell Trust
under agreement dated Karcb 29,1974.
3. The Mortgage dated May 31, 1985 was recorded June 3, 1985
at Book 373 of Mortgages, page 397 of the records of the Register
of Deeds for Saline County, Kansas.
4. Mortgagors intend to convey to the City a permanent
easement (the "Easement") 'for the purpose of installing, repairing,
replacing and maintaining public utilities, public sidewalk, and
street signage, in perpetuity described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence Southeasterly a distance of
10.44 feet to a point 10.00 feet East and 3.00 feet North
of said Southwest corner; thence East and parallel to the
South line of said Lots One (1), Two (2), Three (3) and
Four (4) a distance of 285.00 feet more or less to the
East line of said Lot Four (4); thence South along said
East line a distance of 3.00 feet to the Southeast corner
of said Lot Four (4); thence West along the South line of
said Lots Four (4), Three (3), Two (2) and One (1) a
distance of 295.00 feet more or less to the point of
beginning.
The above described parcel of land contains 900.00 square
feet IDore or less.
5. Mortgagors intend to convey to the City a temporary
easement (the "Easement") for the purpose of matching grade between
project improvements and concrete improvements such,as driveways
and sidewalks, for a term of two years commencing with the date of
this indenture, described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
v'
~
.' "
Mio,c. Bk MJ'I P, / / d
the City of Salina, Saline County, Kansas, described as
follows:
Cownencing at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet to the point of beginning; thence
continuing North along the West line of said Lot One (1)
a distance of 9.00 feet; thence East and parallel to the
South line of said Lots One (1), Two (2) and Three (3) a
distance of 136.00 feet; thence South and parallel with
the West line of said Lot One (1) a distance of 12.00
feet; thence West and parallel with the South line of
said Lots Three (3), Two (2) and One (1) a distance of
126.00 feet to a point 10.00 feet East and 3.00 feet
North of said,Southwest corner; thence Northwesterly a
distance of 10.44 feet more or less to the point of
beginning.
The above described parcel of
square feet more or less.
land contains 1617.00
6. This Consent to Easement shall not affect the mortgage
lien as it applies to the property described in the Mortgage.
,-J /7.
Dated this ~ day of UÁ~{.I~, 1991-
KATH INE D. WADDELL TRUST
BY:Ma~Z1Z~J:~ Jf/ Án~stee
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this ~ day of ~á~~ ' 1991,
before me, the undersignedÍha notary public i~ or the county
:~~h~~~~~ ~~o~:~~;~í ~~~~t un~~~~~me~ 'd~ed' Ma;C~r~::e:9~~ ;~~
is personally known to me to be the same person who executed the
foregoing Consent to Easement as Trustee of said trust, anà said
person duly acknowledged the execution of the same as the act of
said corporation. °
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
nOe 1 s~: ~ :~u:,:a y and year la 2 wr it ten. ~
," NOTARY PUBLIC, .- - q N°:tary Public
'. .' OlMSTED COUNTY
'..,..,..,/ MY COMMISSION EXPIRES 3-26-\)6
-2-
STATE OF. ICANM9 }' (, I J- \
'COUNTY OF SALINE ss~ L \/ tJ
.FILED FOR RECORD IN MY OFFICE
ON OCT 2 5 1991 AT
~. QQ.O. . 'cLOdMo ANI1ÐUl Y RECORDED /13
}!¡~T PAGE..J.( ,) -
dL'L,'~~QEG. OF DEEDS
flo,
18
c"
\ ",
Mise. Bk 1./::1 pg4-
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 name of the Mortgagors are Donald H. Dieckhoff and
Opal a. Dieckhoff as Trustees of the Donald H. Dieckhoff Trust
under agreement dated April 1, 1982.
2. The name of the Mortgagee is Katherine D. Waddell Trust
under agreement dated Karch 29, 1974.
3. The Mortgage dated May 31, 1985 was recorded June 3, 1985
at Book 373 of Mortgages, page 397 of the records of the Register
of Deeds for Saline County, Kansas.
4. Mortgagors intend to convey to the City a permanent
easement (the "Easement") for the purpose of installing, repairing,
replacing and maintaining public utilities, public sidewalk, and
street signage, in perpetuity described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kansas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence Southeasterly a distance of
10.44 feet to a point 10.00 feet East and 3.00 feet North
of said Southwest corner; thence East and parallel to the
South line of said Lots One (1), Two (2), Three (3) and
Four (4) a distance of 285.00 feet more or less to the
East line of said Lot Four (4); thence South along said
East line a distance of 3.00 feet to the Southeast corner
of said Lot Four (4); thence West along the South line of
said Lots Four (4), Three (3), Two (2) and One (1) a
distance of 295.00 feet more or less to the point of
beginning.
The above described parcel of land contains 900.00 square
feet more or less.
5. Mortgagors intend to convey to the City a temporary
easement (the "Easement") for the purpose of matching grade between
project improvements and concrete improvements such..as driveways
and sidewalks, for a term of two years commencing with the date of
this indenture, described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
.I
.;', \.-.
Misc, Bk !.s{ Pi I/~-:
the City of Salina, Saline County, Kansas, described as
follows:
Commencing at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet to the point of beginning; thence
continuing North along the West line of said Lot One (1)
a distance of 9.00 feet; thence East and parallel to the
South line of said Lots One (1), Two (2) and Three (3) a
distance of 136.00 feet; thence South and parallel with
the West line of said Lot One (1) a distance of 12.00
feet; thence West and parallel with the South line of
said Lots Three (3), Two (2) and One (1) a distance of
126.00 feet to a point 10.00 feet East and 3.00 feet
North of said , Southwest corner; thence Northwesterly a
distance of 10.44 feet more or less to the poin1: of
beginning.
The above described parcel of
square feet more or less.
land contains
1617.00
6. This Consent to Easement shall not affect the mortgage
lien as it applies to the property described in the Mortgage.
Ç? day of #Á~ ' 1991.
KA~ERINE D. WADDELL TRUST
Dated this
By:~J1/J/~
arriet W. Hawkins Trustee
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this ~CÞ; d Y of ~<J-I-, 1991,
before me, the u~dersigne , a nota~~ b'c i~,and> r the county
and state aforesald, came 'Il~' '-.- ~/x., Trustee of the
Katherine D. Waddell Trus under agreement dated March 29,1974 who
is personally known to me to be the same person who executed the
foregoing Consent to Easement as Trustee of said trust, and said
person duly acknowledged the execution of the same as the act of
said corporation.'
III WITJ!IESS WHEREOF, I have hereu~15! set .my hand and. affixed my
not...a. rial seal the day and year last,i~ve writ~n}~ A ß I.' )
""'~'~~,:~'Ëlt""""',,,- (j;! /J? 0 /f-- --1'rdý-?~J.
.,'~.~~\ '. I' tf' ¿J (J Notary Publ1c
j(þ/ ' þ-'-'( \ \
~~{ ~~"""., ,t:.J ~~} M~biJPoi..tmentExRires l-jc:j-tJi.J-.
~ '. ~ 'v . <I') :
~ '0., r ù " ~ /
, ~I ,so' " , "-t- "" l
""'" ":4 rE 0 ~.,.""
"..., , "..:........,
-2-
,:)TATEOFKANSAS} ( /,\ FJLEDFORRECORD
COUNTY OF SALINE 55, f-+ / IN MY OFFICE AT
g;"Q,(LO'CLoCK OCT t) 5 1991 ANDDULY
.El-M, ~ RECORDEO ~
VO~ F' . ATPAGE fir -//j
~~~'?,-b:-..... ---R'G.O'OEE05
I ~ø~
\
Mise. Bk 1~t;'1
P, II/,
~
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 name of the Mortgagors are Donald H. Dieckhoff and
Opal a. Dieckhoff as Trustees of the Donald H. Dieckhoff Trust
under agreement dated April 1, 1982.
2. The name of the Mortgagee is Katherine D. Waddell Trust
under agreement dated Karch 29, 1974.
3. The Mortgage dated May 31, 1985 was recorded June 3, 1985
at Book 373 of Mortgages, page 397 of the records of the Register
of Deeds for Saline County, Kansas.
4. Mortgagors intend to convey to the ci ty a permanent
easement (the "Easement") for the purpose of installing, repairing,
replacing and maintaining public utilities, public sidewalk, and
street signage, in perpetuity described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
the City of Salina, Saline County, Kaósas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet; thence Southeasterly a distance of
10.44 feet to a point 10.00 feet East and 3.00 feet North
of said Southwest corner; thence East and parallel to the
South line of said Lots One (1), lvo (2), Three (3) and
Four (4) a distance of 285.00 feet more or less to the
East line of said Lot Four (4); thence South along said
East line a distance of 3.00 feet to the Southeast corner
of said Lot Four (4); thence West along the South line of
said Lots Four (4), Three (3), Two (2) and One (1) a
distance of 295.00 feet more or less to the point of
beginning.
The above described parcel of land contains 900.00 square
feet more or less.
5. Mortgagors intend to convey to the City a temporary
easement (the "Easement") for the purpose of matching grade between
project improvemen~s and concrete improvements such.as driveways
and sidewalks, for a term of two years commencing with the date of
this indenture, described as:
A parcel in a tract of land designated as Lots One (1)
through Four (4), Block Eleven (11), Replat of Lots One
(1) to Fifteen (15) inclusive, Garden Home Addition to
-...." ,
,
.
.
~
Misc, all J$ I ¡>g ...il.!f-
the City of Salina, Saline County, Kansas, described as
follows:
Commencing at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 6.00 feet to the point of beginning; thence
continuing North along the West line of said Lot One (1)
a distance of 9.00 feet; thence East and parallel to the
South line of said Lots One (1), Two (2) and Three (3) a
distance of 136.00 feet; thence South and parallel with
the West line of said Lot One (1) a distance of 12.00
feet; thence West and parallel with the South line of
said Lots Three (3), Two (2) and One (1) a distance of
126.00 feet to a point 10.00 feet East and 3.00 feet
North of said. Southwest corner; thence Northwesterly a
distance of 10.44 feet more or less to the point of
beginning.
The above described parcel of
square feet more or less.
land contains
1617.00
6. This Consent to Easement shall not affect the mortgage
lien as it applies to the property described in the Mortgage.
Dated this ¿ day of //LA'~' 1991.
KATH RINE D. WADDELL TRUST
By: ~ /i d /--1/ .J¡, r¿) /l&v.
Sarah W. Graber Trustee
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that n this ¿il, day of d.c~l¿~;jf, 1991,
before me, the undersigned, .notqry ~~bl' i ,and £Ør the county
and state aforesaid, cam. I l T ¿(jO~ '7. .,L ~~ Trustee of the
Katherine D. Waddell Trust'under agreemen dated March 29,1974 who
is personally known to me to be the same person who executed the
foregoing Consent to Easement as Trustee of said trust, and said
person duly acknowledged the execution of the same as the act of
said corporation.'
",.."'" """14
""", E.\.TON~'*'" ,
~, ~ ..........
" . .',\. .,.
¡:' ~,,"";i".~'\t".. '. .
..\",.. ð".'
: 0 .. "-. "" '. '" ~
:~! .c..,r, c::..\4(!"
. J: <:> . " .",:!
: u : ~ ' " :"':
~o-~ .\~ :~:
" '. '-J "':
\. "" ~ ...,*-v:/
"'."'".,8rÄ.'i£ () \.....,.
'..,.".............'
,......
and affixed my
IN WITNESS WHEREOF, I have
notarial seal the day and year
~ i P'i~c¡;;tm¡;;~t Expires
(-11--1J-
-2-
~TATEOFKANSAS} L I '.J FILED FOR RECORD
COUNTY OF SALINE 55. (Ii + IN MYOFFICEAT
g:'(¿Q.O'CLOCK OCl 2 5 1991 AND DULY
~M. ~. RECORDED
~~',,¿. .) ATPAGE l/iv-/17
__-REG. OF DEEDS
/lrIj
ß