Lot 11, Block 10
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GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
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THIS INDENTURE, made this !&fL.. day of&-' ~~u..f, 2000, by and between JEFFERY
D. DIPMAN and KATHLEEN M. DIPMAN, 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 are hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City the following:
Permanent Easement. A permanent easement in, through, over, and across a certain
portion ofland owned by the Grantor, for all rights of ingress and egress of the City,
its servants, officers, employees, contractors, and franchisees, for purposes of
constructing and maintaining public utilities, street drainage, street signage, and
sidewalk improvements, in perpetuity.
Temporary Construction Easement. A temporary construction easement, in,
through, over, and across a certain portion of land owned by the Grantor, for all
rights of ingress and egress of the City, its employees, contractors, and franchisees,
for purposes of matching grade between project improvements and improvements
such as driveways and sidewalks, for a term of two years commencing with the date
of this Indenture.
all as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering Drawing attached and incorporated as Exhibit B.
IN WITNESS "ERE, 'OF, the Grantor has ,Signed tbis Indenture the day and year first
b ST~H~,\<ANSAS <:, ( \ '
a °ceoUNTVbF SALINE 55. j"J .'
FILED FOR RECORO IN MY OffiCE ,'1:1, >, i \. .) li>: ','
OM MAR 2 4 2000 AT Jeffe: ipn}án
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'i': CQ..ooCLOCW. AND D~LV RECORDED ~j /- ¿;J1, o/-e1 <'y'~
~l~TPAGEJ:J!'1~3? .4"\,
~4 J.l REG. OF DEEDS. leen M. Dlpman
STATE OF KANSAS, SALINE COUNTY, ss:
~~
BE IT REMEMBERED, that on this ~ day of F~ry, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came JEFFERY D. DIPMAN
and KATHLEEN M. DIPMAN, 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.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal thr~.,~U.~t.~. aQ2Y...e.",.~~n.
. A. ..':Äf..~ ~i:.1)UJ.t@
ti ......"êlÀ røYMlV PUtŒl. iC
f~ STATE Of KANSAS
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My ap mmel'1r~
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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Jeffery D. and Kathleen M. Dipman
City of Salina
Project 98-1138
Ohio Street. Tract 13
PERMANENT EASEMENT
A tract ofland in Lot 11, Block 10, Mayfair Addition to the City of Salina, Saline County,
Kansas descnDed as follows:
Beginning at the Southwest comer of said Lot II; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN oooOO'oo"E a distance of 7.00 feet; thence S 23°11'55"E a distance of
7.62 feet to a point on the South line of said Lot 11; thence N 9Oooo'00"W along said South line a
distance of 3.00 feet to the point of beginning, containing 10.5 square feet, more or less.
CONSTRUCTION EASEMENT
A tract of land in Lot 11, Block 10, Mayfair Addition to the City of Salina, Saline County,
Kansas described as follows:
Commencing at the Southwest comer of said Lot II; thence Northerly along the West line of said
Lot II on an assumed bearing ofN oooOO'oo"E a distance of 7.00 feet to the point of beginning; thence
continuing NooOOO'oo"E along said West line a distance of 68.00 feet to a point on the North line of the
South 75.00 feet of said Lot II; thence N 9Oooo'OO"E along said North line a distance of 15.00 feet;
thence S ooooo'oo"E a distance of 6.00 feet; thence N 9O000'00"W a distance of 9.00 feet; thence S
ooOOO'oo"E a distance of 69.00 feet to a point on the South line of said Lot 11; thence N 9Oo00'00"W
along said South line a distance of 3.00 feet; thence N 23°II'55"W a distance of 7.62 feet to the point of
beginning, containing 494 square feet, more or less.
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Exhib it A
'WIlSON
& COMPANY
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EASEMENT ACQUISITION
ONNER: Jeffery D. & Kathleen M. Dipman
SALINA. KS 67401
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S 75' Lot 10
S 75' Lot /I
Block 10
Mayfair Addition
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Exhibit B
PAGE I OF 2
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113.
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CONSENT TO EASEMENTS
The undersigned Mortgagee, consents to the grant of easements by the Mortgagors
to the City of Salina, Kansas (the "City"), as follows:
1.
Dipman,
The names of the Mortgagors are Jeffery D. Dipman and Kathleen M.
2,
Association,
The name of the Mortgagee is Capitol Federal Savings and Loan
3. A Mortgage dated October 26, 1993, was recorded November 3, 1993, at
Book 477 of Mortgages, pages 483-487 of the records of the Register of Deeds of Saline
County, Kansas,
4, Mortgagors intend to convey to the City a Permanent Easement for purposes
of constructing and maintaining public utilities, street drainage, street signage, and sidewalk
improvements, in perpetuity; and a Temporary Construction Easement for purposes of
matching grade between project improvements and improvements such as driveways and
sidewalks, for a term of two years (collectively, the "Easements").
The Easements are legally described on the attached and incorporated Exhibit A and are
depicted on the Engineering Drawing attached and incorporated as Exhibit B.
5, This Consent to Easements shall not affect the mortgage lien as it applies to
the property described in the Mortgage,
Dated this 15th day of l1arch
STATE OF KANSAS l ~. N -I-
COUNTY OF SALINE 5 -r
FILED FOR RECORD IN MY OFF1r.;~
OM MAR 2 4 2000 AT
~: ODo'ClOCKß.M. AND D~L Y RECORDED
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,2000.
Capitol Federal Savings and Loan
Association, currently known as:
Capitol Federal Savings Bank
By:
-'1 Lt ,L- Áduu
Dale E. Sader
Vice President
[Name]
[Title]
STATE OF Kansas
Saline
COill{TY, ss:
BE IT REMEMBERED, that on this ~ day of March, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
Dale E. Sader Vice President of
Capitol Federal Savings Bàhk ~who is personally known to me to be the
same person who executed the foregoing Consent to Easements on behalf of said mortgagee
and said person duly acknowledged the execution of the same as the act of said mortgagee,
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year last above written,
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My appointment expires: ~'" - .., ~~~~1
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Jeffery D. and Kathleen M. Dipman
City of Salina
Project 98-1138
Ohio Street, Tract 13
PERMANENT EASEMENT
A tract of land in Lot 11, Block 10, Mayfair Addition to the City of Salina, Saline County,
Kansas descnDed as follows:
Beginning at the Southwest comer of said Lot II; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN 00000'00"E a distance of7.00 feet; thence S 23° 11'55"E a distance of
7.62 feet to a point on the South line of said Lot 11; thence N 9O0oo'00"W along said South line a
distance of 3,00 feet to the point of beginning, containing 10,5 square feet, more or less.
CONSTRUCTION EASEMENT
A tract of land in Lot 11, Block 10, Mayfair Addition to the City of Salina, Saline County,
Kansas described as follows:
..,
Commencing at the Southwest comer of said Lot II; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN 00°00'00'1£ a distance of 7.00 feet to the point of beginning; thence
continuing NooOOO'oo"E along said West line a distance of 68.00 feet to a point on the North line of the
South 75.00 feet of said Lot II; thence N 9O0oo'00"E along said North line a distance of 15.00 feet;
thence S 00000'00"E a distance of 6.00 feet; thence N 9O000'00"W a distance of 9.00 feet; thence S
OOOOO'OO"E a distance of 69.00 feet to a point on the South line of said Lot II; thence N 9O000'00"W
along said South line a distance of 3.00 feet; thence N 23°11'55"W a distance of 7.62 feet to the point of
beginning, containing 494 square feet, more or less.
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Exhib it A
INIISON
& COMPANY
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EASEMENT ACQUISITION
OWNER: Jeffery D. & Kathleen M. Dipman
SALINA. KS 67401
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\'} LEGAL DESCRIPTION:
"This does not constitute a
legal survey. drawing is for
informational purposes only."
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SEE PAGE 2 OF 2
S 75' Lot 10
S 75' Lot /I
Block 10
Mayfair Addition
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Exhibit B
PAGE / OF 2