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PERMANENT EASEMENT
THIS INDENTURE, made this If) & day of ~ ,1997, by and between Lester
E. Stetler and Virginia Mae Stetler, 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, a permanent easement in, through, over, and across a certain portion of land owned by the
Grantor, more particularly described on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
STATE OF KANSAS ~... \ FILEDFORRIœRD
COUNTYOFSALINEI~' \1 INMYOFFICEAT
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STATE OF KANSAS, SALINE COUNTY, ss:
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Lester E. Stetler
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Virginia Mae Stetler
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BE IT REMEMBERED, that on this /O-bb- day of ~~, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Lester E. Stetler and
Virginia Mae Stetler, 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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!í NOTMY PUISLIC
I STATE OF KANSAS
. thY APPT. æXPI!!l;¡¡$ .:5 <?& - l
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[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
(j~~
, Notary Pùblic
James Swedlund
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LEGAL DESCRIPTION:
EASEMENT A COOISITION
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OWNER: S1E1LER, LESTER E. &. VIRGINIA MAE
154 N OHIO
SALINA, KS 67401
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RICHOLSONS REPLAT OF PART OF
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LOT 4,
RICHOLSONS REPLA T OF PART OF
RIVERVlEW ADDITION
THE WEST 5' OF LOT ONE (1), RlCHOLSONS REPLAT OF PART OF RIVERVlEW ADDIllON, IN THE CITY OF SAUNA, SAUNE COUNTY,
KANSAS. SAID TRACT CONTAINS 232.5 SQUARE FEET, MORE OR LESS.
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 name of the Mortgagors are Lester E. Stetler and Virginia Mae Stetler.
2, The name of the Mortgagee is Security Savings and Loan Association, now known as
Security Savings Bank, F,S,B.
3. A Mortgage dated May 20, 1988, was recorded May 25, 1988, at Book 403 of
Mortgages, pages 938-941 of the records of the Register of Deeds of Saline County, Kansas,
4, Mortgagors intend to convey to the City a permanent easement (the "Easement") for
the purpose of constructing and maintaining street drainage and sidewalk improvements in perpetuity.
The Easement is more particularly described on the Engineering Drawings attached as Exhibit A to
this Consent to Easement.
5, This Consent to Easement shall not affect the mortgage lien as it applies to the
property described in the Mortgage.
Dated this i b~ day of ~ 1997.
N Security Savings and Loan Association, now known
STATE OF KANSAS }~ ,+ FILEDFORRfCORD as Security Savi s Bank, F,S,B.
COUNTYOFSALINE' -\- INMYOFFICEAT ')
I °/f:.~~lOC { OCT ~ 4 1997 AND DULY .
~~~..TPAGE_~ By f V f
STATE OF{~' ~ COUNTY, ss:
BE IT REMEMBERED, that on this/o-Mday of ~ 1997, before me, the
undersir¡~ :;~. Pt)~~ ;:~ ~or ';J~~u7J ~~d:: . afores~d, Se=;
Savings and Loan Association, now known as Security Savings Bank, F.S,B., who is personally
known to me to be the same person who executed the foregoing Consent to Easement on behalf of the
mortgagee and said person duly acknowledged the execution of the same as the act of the mortgagee.
[Name]
[Title]
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
ðayanð year 1." t,abOVe,Wf, i~n M ~
~~uARfON PEHMSRT ~
~;\.::,!z. ""r:I'C 'èLltS 3~~~' Notary Public
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EASEMENT A COUISmON
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OWNER: STE1LER, LESTER E. &. VIRGINIA MAE
154 N OHIO
SAUNA, KS 67401
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LOT 4,
RICHOLSONS REPLAT OF PART OF
RI'ÆRVlEW ADDITION
LEGAL DESCRIPTION:
THE YÆST 5' OF LOT ONE (1), RICHOLSONS REPLAT OF PART OF RIVERVIEW AOOIllON, IN THE CITY OF SAUNA. SAUNE COUNTY,
KANSAS~SAlD TRACT CONTAINS 232.5 SQUARE FEET, UORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this 16'~ay of September, 1997, by and between Lester E.
Stetler and Virginia Mae Stetler, 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 North Ohio Improvement Project, wishes to
acquire from the Owner a permanent easement in, through, over, and across a certain portion of
land owned by the Owner for the purpose of street drainage and sidewalk improvements, in
perpetuity, hereinafter referred to as the "permanent easement",
B, The City has caused the permanent 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 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 easement to be conveyed by the Owner to the City
shall be as legally described on the Engineering Drawing attached and incorporated as Exhibit
A.
2, Compensation. The City agrees to pay the Owner upon closing the total sum of
Four Hundred Ninety-five Dollars and Seventy-five Cents ($495,75) for the permanent easement
consisting of the following:
Permanent Easement
(232.5 square feet at $1.00 per square feet)
$232,50
Damages to remaining property
(5 ft. chain link fence $30,75;
loss of rock $232,50)
263,25
Total Compensation
$495.75
3. Documents, The Owner agrees that the permanent easement shall be conveyed to
the City by Owner's execution and delivery to the City of a permanent easement document
identical to the copy attached as Exhibit B to this Agreement. The permanent easement
document shall be recorded by the City with the office of the Saline County Register of Deeds,
at the expense of the City,
4, 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 a Mortgage in favor of Security Savings and Loan Association, now
Security Savings Bank, F,S.B., dated May 20, 1988, and recorded May 25, 1988, in Mortgage
Book 403, pages 938-941, of the Register of Deeds office, Saline County, Kansas.
5, Consent to Easement. In those cases where the permanent easement 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.
6, Closing, Closing shall take place on or before ,~ :;l o.bê.<.-, 1997, At closing
the Owner shall:
a, deliver to the City the fully executed and acknowledged permanent
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 (B) above.
7. Nonassignable, Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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"
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Lester E, Stetler
Social Sec, /Tax ill No, ¡;; lJ ~ - I (f - ~ 70 ç.
~mJ~r 'on <J- ~
Social Sec, /Tax ill No. ~ I I - I .J.. - q q ~--3
CITY OF SALINA, KANSAS.
BY~A
Dennis M, Kis ng ,
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EASEMENT ACOOISITION
OWNER: S1E1LER, LESTER E. & VIRGINIA MAE
154 N OHIO
SALINA, KS 67401
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RICHOLSONS REPLA T OF PART OF
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LOT 4,
RICHOLSONS REPLAT OF PART OF
RIVERVlEW ADDITION
LEGAL DESCRIPTION:
lHE WEST 5' OF lOT ONE (1), RICHOlSONS REPLAT OF PART OF RIVERVlEW ADDI11ON, IN lHE CITY OF SAUNA, SAUNE COUNTY,
KANSAS. SAID TRACT CONTAINS 232.5 SQUARE FEET, MORE OR LESS.
Exhibit A
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PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1997, by and between Lester
E. Stetler and Virginia Mae Stetler, 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, a permanent easement in, through, over, and across a certain portion of land owned by the
Grantor, more particularly described on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written,
Lester E, Stetler
Virginia Mae Stetler
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Lester E. Stetler and
Virginia Mae Stetler, 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 KS.A. 79-1437e(a)(13)]
Exhibit B
25
EASEMENT A COOISITION
OWNER: STETLER, LESTER E. &. VIRGINIA MAE
154 N OHIO
SAUNA. KS 67401
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LOT 4, ,
RICHOLSONS REPLAT OF PART OF
RIVERVlEW ADDITION
LEGAL DESCRIPTION:
lHE WEST 5' OF LOT ONE (1). RICHOLSONS REPLAT OF PART OF RIVERVlEW ADDI11ON, IN lHE CITY OF SAUNA. SAUNE COUNTY,
KANSAS. SAID TRACT CONTAINS 232.5 SQUARE FEET, MORE OR LESS.
Exhibit A