Lot 2, Block 13
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GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ f:J;, day of March, 2000, by and between GEORGE
WM. ROENNE, JR. and CAROL KA Y ROENNE, 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 of land owned by the Grantor, for all rights of ingress and egress of the City,
its servants, officers, employees, contractors, and ftanchisees, 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 ftanchisees,
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 WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
STATE OF KANSAS } k I
COUNTY OF SALINE . /'V
FiLED FOR RECORD IN MY OFFICE
ON MAR 9 - 2000 AT
3 :~'ClOCK£.M. AND DULY RECORDED . (o~
R1Y~l'j¡~ðg~:Ò:~~~ -
STATE OF KANSAS, SALINE COUNTY, ss:
.~~ áI~ cf~
Ge/fe W~ Roenne, .If. ----
~~--
Carol Kay Roenn
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 GEORGE WM.
ROENNE, JR. and CAROL KA Y ROENNE, 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 the day and year last above written.
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Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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George Wm., Jr. and Carol Kay Roenne
City of Salina
Project 98-1138
Ohio Street. Tract 11
PERMANENT EASEMENT
A tract of land in Lot 11 Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas
described as follows:
Beginning at the Southwest comer of said Lot 11; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN OOOOO'OO"E a distance 000.10 feet; thence S 03°45'08"E a distance of
30.17 feet to a point on the South line of said Lot 11; thence N 9O000'OO"W along said South line a
distance of 1.97 feet to the point of beginning, containing 30 square feet. more or less.
PERMANENT EASEMENT
A tract of land in Lot 12, Block 13, Mayfair Addition to the City of Salina, Saline County,
Kansas described as follows:
Beginning at the Northwest comer of said Lot 12; thence Southerly along the West line of said
Lot 12 on an assumed bearing of S oooOO'OO"E a distance of 3.00 feet; thence N 45°00'OO"E a distance of
4.24 feet to a point on the North line of said Lot 12; thence N 9O000'00"W along said North line a
distance 00.00 feet to the point of beginning, containing 4.5 squate feet. more or less.
CONSTRUCTION EASEMENT
A tract of land in Lots 11 and 12, Block 13, Mayfair Addition to the City of Salina, Saline
County, Kansas described as follows:
Commencing at the Southwest comer of said Lot 11; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN OOOOO'OO"E a distance 000. 10 feet to the point of beginning; thence
continuing N oooOO'OO"E along said West line a distance of 116.90 feet; thence N 45°00'00"E a distance
of 4.24 feet to a point on the North line of said Lot 12; thence N 9O000'00"E along said North line a
distance of 2.00 feet; thence S oooOO'oo"E a distance of 46.10 feet; thence N 9Oo00'00"E a distance of
17.00 feet; thence S OOOOO'OO"E a distance of 85.00 feet; thence N 9O0oo'00"W a distance of 17.00 feet;
thence S ooooo'OO"E a distance of 18.90 feet to a point on the South line of said Lot 11; thence N
9O000'OO"W along said South line a distance 00.03 feet; thence N 03°45'08"W a distance of30.17 feet to
the point of beginning, containing 2161 square feet. more or less.
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Exhibit A
INIISON
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
EASEMENT ACQUISITION
W',; ;¡¡ "~~17~ F'P,~-
(MINER: George Wm.. Jr. & Carol Kay Roenne
SALINA. KS 67401
P/E
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Lots 1/,12
W JO' Lots 1,2
Block I J
Mayfair Addition
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Exhibit B
"This does not constitute a
legal survey, drawing is for
informational purposes only."
PAGE / OF 2
.
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173
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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.
Roenne.
The names of the Mortgagors are George Wm. Roenne, Jr., and Carol K.
2.
The name of the original Mortgagee is The Bennington State Bank.
3. A Mortgage dated September 15, 1997, was recorded September 16, 1997, at
Book 563 of Mortgages, pages 423-425; and a Mortgage dated July 14, 1998, was recorded
July 16, 1998, at Book 591 of Mortgages, pages 691-693; all in 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 as
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.
STAR~~~s2- )la~ of /h ':f (!jJ
COUNTY OF SALINE) S . N j:.~
fiLED FOR RECORD IN MY OFFICE
ON MAR 9 - 2000 AT
3:~'ClOCK£..M. AND O~LY RECORI1'J--
~iòj\~~~b:~~EDS -
STATE OF KANSAS, SALINE COUNTY, ss:
,2000.
The Bem1ington State Bank
By:
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V'. ¡7.
[Name]
[Title]
BE IT REMEMBERED, that on this !L day of /(}ì íC h , 2000, before me, the
undersigned, a notm.:y_; public in and for the county and_...state aforesaid, came
j'h¡hr, [J.::/J,;q""'ì , il. 'C-<' fh~\i,'f,'(ì'r- of
The Bennington State Bank 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.
~. NOTARY PUBLIC. State of Kansas
TORIA A. CARPENTER
My Appt. Exp.
~;'F p; lJ.3....,. '70
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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. /-----'\ /'-
I J,;,;' 'Ã~~;:~G~o;.:"s '-*i,~L/ {(.~{ (, (~ Public
: .:~(":l;,~à My Appt. Exp. /6 - /.; -:Jro")
My appointment expires:
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George Wm., Jr. and Carol Kay Roenne
City of Salina
Project 98-1138
Ohio Street, Tract 11
PERMANENT EASEMENT
A tract of land in Lot 11 Block 13, Mayfair Addition to the City of Salina, Saline County, Kansas
described as follows:
Beginning at the Southwest comer of said Lot 11; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN OOOOO'OO"E a distance 000.10 feet; thence S 03°45'08"E a distance of
30.17 feet to a point on the South line of said Lot 11; thence N 9O000'OO"W along said South line a
distance of 1.97 feet to the point of beginning, containing 30 square feet, more or less.
PERMANENT EASEMENT
A tract of land in Lot 12, Block 13, Mayfair Addition to the City of Salina, Saline County,
Kansas described as follows:
Beginning at the Northwest comer of said Lot 12; thence Southerly along the West line of said
Lot 12 on an assumed bearing of S oooOO'OO"E a distance of 3.00 feet; thence N 45°oo'00"E a distance of
4.24 feet to a point on the North line of said Lot 12; thence N 9O000'00"W along said North line a
distance 00.00 feet to the point of beginning, containing 4.5 square feet. more or less.
CONSTRUCTION EASEMENT
A tract of land in Lots 11 and 12, Block 13, Mayfair Addition to the City of Salina, Saline
County, Kansas described as follows:
Commencing at the Southwest comer of said Lot 11; thence Northerly along the West line of said
Lot 11 on an assumed bearing ofN OOOOO'OO"E a distance 000. 10 feet to the point of beginning; thence
continuing N ooooo'oo"E along said West line a distance of 116.90 feet; thence N 45°oo'oo"E a distance
of 4.24 feet to a point on the North line of said Lot 12; thence N 9O000'00"E along said North line a
distance of 2.00 feet; thence S oooOO'OO"E a distance of 46.10 feet; thence N 9Oooo'00"E a distance of
17.00 feet; thence S ooOOO'oo"E a distance of 85.00 feet; thence N 9Oooo'OO"W a distance of 17.00 feet;
thence S oooOO'OO"E a distance of 18.90 feet to a point on the South line of said Lot 11; thence N
9O000'OO"W along said South line a distance 00.03 feet; thence N 03°45'08"W a distance of30.17 feet to
the point of beginning, containing 2161 square feet. more or less.
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Exhibit A
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LEGAL DE3'CRIPTION:
SEE PAGE 2 OF 2
EASEMENT
ACQUISITION
(}NNER: George Wm., Jr. & Carol Kay Roenne
SAUNA. KS 67401
P/E
Lots 1/,12
W 30' Lots 1.2
Block 13
Mayfair Addition
'This does not constitute a
legal survey. drawing is for
informational {)ur{)Oses only."
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Exhibit B
PAGE I OF ?