Lot 17, Block 10
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GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
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THIS INDENTURE, made this .2..W:-..day of~, 2000, by and between HARVEY
P. KUTSCHKA, JR. and ALICE M. KUTSCHKA, 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 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 WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
Harve/~'~ ~~t~c~J, Jr! j, ~ct.~-L- i\..
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Alice M. Kutschka )
STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this .2') t.{;¡.day of Feem8i)', 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came HARVEY P.
KUTSCHKA, JR. and ALICE M. KUTSCHKA, 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 wit1~n.
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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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Harvey P. ,Jr. and Alice M. Kutscbka
City of Salina
Project 98-1138
Ohio Street, Tract 25
PERMANENT EASEMENT
A tract ofland in the North 75 feet of Lot 17, Block 10, Mayfair Addition to the City of Salina,
Saline County, Kansas descnòed as foUows:
Commencing at the Northwest corner of said Lot 17; thence Southerly along the West line of said
Lot 17 on an assumed bearing of S ooOOO'oo"E a distance of 34.80 feet to the point ofbegjnning; thence
continuing S ooooo'oo"E along said West line a distance of 5.00 feet; thence N 9Oooo'OO"E a distance of
5.00 feet; thence N ooooo'oo"E a distance of 5.00 feet; thence N 90000'00"W a distance of 5.00 feet to the
point of beginning, containing 25 square feet, more or less.
CONSTRUCTION EASEMENT
A tract ofland in the North 75 feet of Lot 17, Block: 10, Mayfair Addition to the City of Salina,
Saline County, Kansas described as foUows:
Beginning at the Northwest comer of said Lot 17; thence Easterly along the North line of said
Lot 17 on an assumed bearing ofN 9O000'00"E a distance of 17.00 feet; thence S 14°28'59"E a distance of
27.99 feet; thence S ooOOO'oo"E a distance of25.40 feet; thence S 14°55'53"Wa distance of23.29 feet to
a point on the South line of the North 75.00 feet of said Lot 17; thence N 9Oooo'00"W along said South
line a distance of 18.00 feet to a point on the West line of said Lot 17; thence N ooooo'oo"E along said
West line a distance of 35.20 feet; thence N 9O000'00"E a distance of 5.00 feet; thence N OOOOO'oo"E a
distance of 5.00 feet; thence N 9O000'00"W a distance of 5.00 feet to a point on the West line of said Lot
17; thence N ooOOO'oo"E along said West line a distance of 34.80 feet to the point of beginning,
containing 1612 square feet, more or less.
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Exhibit A
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EASEMENT ACQUISITION
GWNER: Harvey P. Jr., & Alice M. Kutschka
SALINA. KS 67401
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STAT[ OF ItANSAS N FilED FOR RECO~L)
COUNTY OF SALINE} 53. IN MY OFFICE IJ
~~O'ClOCK . APR 1 7 2000 AND DULY
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P.EG. OF DEEDS
N 75' Lot 17
Block 10
Mayfair Addition
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LEGAL DESCRIPTION: "This does not constitute a
legal survey. drawing is for
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Exhibit B
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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.
Kutschka.
The names of the Mortgagors are Harvey P. Kutschka, Jr., and Alice M,
2.
The name of the Mortgagee is UMB National Bank of America.
3. A Mortgage dated November 30, 1998, was recorded December 4, 1998, at
Book 605 of Mortgages, pages 735-739 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 desc~be~e Mortgage. t If
Dated this L day of ~J , 2000.
UMB National Bank of America
BY:~
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STATE ~ ~ ,-.d' ¿~ ./ COUNTY, ss:
BE IT REMEMBERED, that on this Î day of ~~ , 2000, before me, the
C1r:~g;edft ò aN::::} public in and for :£/~~ ri ~tì ~t:d¿~~~~:. ca~~
UMB National Bank of America 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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Notary Public
~ PAM SOUKUP
Notary Pu:J11c . State 01 Kansas
-: My Appt. Explr..s . .
My appointment expires:
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Harvey P. , Jr. and Alice M. Kutschka
City of Salina
Project 98-1138
Ohio Street, Tract 25
PERMANENT EASEMENT
A tract of land in the North 75 feet of Lot 17, Block 10, Mayfair Addition to the City of Salina,
Saline County, Kansas descnòed as foUows:
Commencing at the Northwest comer of said Lot 17; thence Southerly along the West line of said
Lot 17 on an assumed bearing of S ooOOO'oo"E a distance of 34,80 feet to the point of beginning; thence
continuing S ooooo'oo"E along said West line a distance of 5,00 feet; thence N 9Oo00'OO"E a distance of
5.00 feet; thence N ooOOO'oo"E a distance of 5,00 feet; thence N 90000'00"W a distance of 5.00 feet to the
point of beginning, containing 25 square feet, more or less,
CONSTRUCTION EASEMENT
A tract ofland in the North 75 feet of Lot 17, Block 10, Mayfair Addition to the City of Salina,
Saline County, Kansas descnòed as foUows:
Beginning at the Northwest comer of said Lot 17; thence Easterly along the North line of said
Lot 17 on an assumed bearing ofN 9O000'00"E a distance of 17.00 feet; thence S 14°28'59"E a distance of
27.99 feet; thence S ooOOO'oo"E a distance of 25.40 feet; thence S 14°55'53"Wa distance of23.29 feet to
a point on the South line of the North 75.00 feet of said Lot 17; thence N 9Oooo'oo"W along said South
line a distance of 18.00 feet to a point on the West line of said Lot 17; thence N ooooo'oo"E along said
West line a distance of 35.20 feet; thence N 9O000'00"E a distance of 5,00 feet; thence N 00000'00"E a
distance of 5.00 feet; thence N 9O000'00"W a distance of 5.00 feet to a point on the West line of said Lot
17; thence N ooOOO'oo"E along said West line a distance of 34.80 feet to the point of beginning,
containing 1612 square feet, more or less.
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Exhibit A
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EASEMENT ACQUISITION
OWNER: Harvey P. Jr.. & A/ice M. Kutschka
SALINA. KS 6740/
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LEGAL DESCRIPTION:
or his does not constitute a
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STATE OF KANSAS }L f\ 1+ FILED FOR RECO;::>
courm OF SALINE 53. J \J -+- m MY OFFICE tJ
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. i[°'ClOCK APR 1 7 2000 AND DULY
M, . RECORDE~ 0"-
VOL' 7 3 ~ AT PAGE ..2&.D.:: (,0;'
~ J J L1J /' l'(} Â"\. REG. OF DEEDS
N 75' Lot /7
B/ock /0
Mayfair Addition
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