Lot 25 (Tract 15)
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PERMANENT EASEMENT
THIS INDENTURE, made this ,S~ day of September, 1997, by and between Davis H.
Loveseth and Dani L. Loveseth, 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} (/,1 FlWlICIIRfCOIIO '~"'.; ~CJ1¡-'
COUNTY OF SALINE 55. ~ IN MYOFFICEAT avis H. Loveseth
1°f!:.~K OCï ~ 1997:= rt J J~ . .J ~
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this r5" .fQ...... day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Davis H. Loveseth and
Dani L. Loveseth, 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.
.,-" JAtD1$ 8\'ĊttJJKU
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~ STATE OF K.-s
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( Notary Public
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
15
EASEMENT A COUISI11ON
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OWNER: LOVESETH, DAVIS H. & DANI L.
133 N OHIO
SAUNA, KS 67401
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SOUTH liNE OF SOUTH EAST QUARTER OF SECTION 12, T 145, R 3W
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LOT 25,
SURVEYORS PLA T 'G'
LEGAL DESCRIPTION:
THE EAST 5' OF THE SOUTH 45' OF NORTH 127' OF LOT TWENTY F1~ (25), SURVEYORS PLAT 'G', IN THE CITY OF SAUNA,
SAUNE COUNTY, KANSAs. SAID TRACT CONTAINS 225 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 easement by the Mortgagor to the City
of Salina, Kansas (the "City"), as follows:
1.
and wife,
The name of the Mortgagors are Davis H. Loveseth and Dani L. Loveseth, husband
2,
The name of the Mortgagee is Sunflower Bank, N.A.
3, A Mortgage dated August 12, 1993, was recorded August 17, 1993, at Book 473 of
Mortgages, pages 108-115 of the records of the Register of Deeds of Saline County, Kansas,
4, A Mortgage dated July 31, 1995, was recorded August 4, 1995, at Book 511 of
Mortgages, pages 318-326 of the records of the Register of Deeds of Saline County, Kansas,
5, Mortgagors intend to convey to the City a permanent easement (the "Easement") for
the purposes of constructing and maintaining street drainage and sidewalk improvements, in
perpetuity;
The Easement is more particularly described on the Engineering Drawing attached as Exhibit A to
this Consent to Easement.
6, This Consent to Easement shall not affect the mortgage liens as they apply to the
property described in the mortgages.
Dated this ~ day of ...51/J!iir\h.w-, 1997,
,
STATE OF KANSAS l v + +'II.fDFORRfCORD
COUNTYOfSALlNEJ 51. N+-t- INMYOFFICEAT
I O¿ølO'CLOC'~ 1997 AND DULY
~M . OCT - 3 ~~J?f\U
OL ""I. 0 . ATPAGE~'
. RfG. OF DEEDS
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SUNFLOWER BANK, N,A.
By:
Jt~ 1J1bV.-i. U j1.
~ [Name]
If ~ -~ ffu..di cL t [Title]
Margo Johnson, Vice President
COUNTY, ss:
BE IT REMEMBERED, that on this {f'Lday of ~.Je~"" 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
A,,(' Ç/jO :7óÆ/J.I/11\... , !/,lc.¿. - fJrtS/~ of Sunflower
Bank, N,A. v who is personally known to me to be the same person who 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,
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. . .,.~"o.'. N\j1~.R~ ¡'\:~.UC' State. of Kí1!1sas
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Notary Public
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EASEMENT A COUISI11ON
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SOUTH liNE OF SOUTH EAST QUARTER OF SECTION 12, T 145, R 3W
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OWNER: lOVESETH, DAVIS H. & DANI L.
133 N OHIO
SAUNA, KS 67401
LOT 25,
SURVEYORS PLA T 'G'
LEGAL DESCRIPTION:
THE EAST 5' OF THE SOUTH 45' OF NORTH 127 OF LOT TWENTY F1~ (25), SURVEYORS PLAT 'G', IN lHE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 225 SQUARE FEET, MORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this ~day of September, 1997, by and between Davis H,
Loveseth and Dani L. Loveseth, 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 Grantor a permanent easement in, through, over, and across a certain portion of
land owned by the Grantor 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 property to be conveyed by the Owner to the City shall be as
legally described on the Engineering Drawing attached and incorporated as Exhibit A (the
"Property") ,
2, Compensation, The City agrees to pay the Owner upon closing the total sum of
Two Hundred Seventy Dollars and No Cents ($270,00) for the permanent easement consisting of
the following:
Permanent Easement
(225 square feet at $1.00 per square feet)
$225,00
Damages to remaining property
(Loss of 1 Chinese Elm tree)
45,00
Total Compensation
$270.00
The City acknowledges that the Owner recently installed a new water service line that
runs beneath the Chinese Elm tree referred to above and agrees that the City shall be responsible
for repairing any damage to the water line resulting from removal of the tree or construction of
the project.
3, Documents, The Owner agrees that the permanent easement shall be conveyed to
the City by Grantor'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 Sunflower Bank, N,A., dated August 12, 1993, and
recorded August 17, 1993, in Mortgage Book 473, Pages 108-115; and a mortgage in favor of
Sunflower Bank, N,A., dated July 31, 1994, and recorded August 4, 1995, in Mortgage Book
511, Pages 318-326, all in 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 b.þ-. I S~ 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,
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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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. IS/H. Loveseth /
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Dani L. Loveseth \
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CITY OF SALINA, KANSAS
By
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15
EASEMENT A COUISITION
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SOUTH liNE OF SOUTH EAST QUARTER OF SECTION 12, T 145, R 3W
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OWNER: LOVESETH, DAVIS H. & DAN I L.
133 N OHIO
SAUNA. KS 67401
LOT 25,
SURVEYORS PLA T 'G'
LEGAL DESCRIPTION:
THE EAST 5' OF lHE SOUTH 45' OF NORTH 127' OF LOT TWENTY F1~ (25), SURVEYORS PLAT 'G', IN THE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 225 SQUARE FEET, MORE OR LESS.
Exhibit A
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PERMANENT EASEMENT
THIS INDENTURE, made this - day of September, 1997, by and between Davis H.
Loveseth and Dani L. Loveseth, 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,
Davis H. Loveseth
Dani L. Loveseth
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Davis H. Loveseth and
Dani L. Loveseth, 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
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15
EASBAENT A COUISfTlON
OWNER: LOVESETH. DAVIS H. & DANI L.
133 N OHIO
SAUNA, KS 67401
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SOUTH liNE OF SOUTH EAST QUARTER OF SECTION 12, T 145, R 3W
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LOT 25,
SURVEYORS PLA T 'G'
LEGAL DESCRIPTION:
THE EAST 5' OF THE SOUTH 45' OF NORTH 127' OF LOT TWENTY F1~ (25). SURVEYORS PLAT 'G'. IN THE CITY OF SAUNA.
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 225 SQUARE fEET, MORE OR lESS.
Exhibit A