Lot 1 - 2, Block 10
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Misc. Bk 1iD III
Pr .ill
PERMANENT EASEMENT
THIS INDENTURE, made this P-6k. day of September, 1997, by and between Philip M.
Pixler and Lois A. Pixler, 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.
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Philip M. Pixler " --z; Jf-
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Lois A. Pixler
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this PtR;. day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Philip M. Pixler and Lois
A. Pixler, 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.
. - """'---==J~.'
JþJ;træ ~~;¿m.UI\"O .
A .. OOTARV PUBLIC
- STATE OF KANSAS .
MY Al"PT. rmr:PiR::~.¿~:~k~t..
9~'~
, Notary Public
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
STATEOFKANSAS } v ^ I FILED FOR RfCORD
COUNTYQFSALINE lIS. IV INMYOFFICEAT
IO~~~LOCX OCT - ~ 1997 =
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EASEMENT ACOUISlllON
Misc. Bk ..IiJ?JL. PI ill--
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OWNER: PIXLER, PHILIP M. & LOIS A.
253 N OHIO
SALINA, KS 67401
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ADDITION
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RIVERSIDE PARK
ADDITION
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RIVERSIDE PARK
ADDI nON
LEGAL DESCRIPTION:
THE EAST 5: OF LOT ONE (1) & LOT TWO (2), BLOCK TEN (10), RIVERSIDE PARK ADDIllON, IN THE CITY OF SAUNA, SAUNE
COUNTY, KANSAS. SAID TRACT CONTAINS 500 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 an easement by the Mortgagors to the
City of Salina, Kansas (the "City"), as follows:
1.
The name of the Mortgagors are Philip M. Pixler and Lois A. Pixler.
2.
The name of the Mortgagee is Sunflower Bank, N.A..
3. A Mortgage dated March 22, 1994, was recorded March 23, 1994, at Book 485 of
Mortgages, pages 827-835 of the records ofthe 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.
STATE OF KANSAS} C/N+ FILEO FOR RfCORD
COUNTY OF SALINE 55. + IN MYOFFICEAT
IO~~LOC;< OCT .- 3 1997 =
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~..J REG. OF DEEDS
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STATE OF '\'\('/\"'>0. <;., .-Jù.~~
Dated this A day of ~, 1997.
SUNFLOWER BANK, N.A.
By:
:J;]~. ~:m~'
. . [Title]
Michael Martin, Vice President
COUNTY, ss:
BE IT REMEMBERED, that on this gJk.. day ofSef~j",,';'p'í , 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
'f(\\t.~'ìc.d V\\Ct...\.~ UlQ T(LS\dc."j- of Sunflower
Bank, N.A. 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.
~ ALICE M. McCALL
- Nalary Pu!i.ic - 8tate of K81188a
"'" . My Appt. Expirea 7 I c> I
Cl¿; ~~ L-¡~. Cj1Jf{! (I (J tl-l
I Notary Public
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EASEMENT A COUISlTlON
OWNER: PIXLER, PHILIP M. & LOIS A.
253 N OHIO
SALINA, KS 67401
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RIVERSIDE PARK
ADDI nON
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Lor J, BLK 10,
RIVERSIDE PARK
ADDITION
LEGAL DESCRIPTION:
THE EAST 5' OF LOT ONE (1) & LOT TWO (2), BLOCK TEN (10), RIVERSIDE PARK ADDIllON, IN THE CITY OF SAUNA, SAUNE
COUNTY, KANSAS. SAID TRACT CONTAINS 500 SQUARE FEET, MORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this ?ttklay of September, 1997, by ànd between Philip M.
Pixler and Lois A. Pixler, 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:
I. 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
One Thousand Dollars and No Cents ($1,000.00) for the permanent easement consisting of the
following:
Permanent Easement
(500 square feet at $2.00 per square feet)
$1,000.00
Damages to remaining property
0.00
Total Compensation
$1,000.00
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 Sunflower Bank, N.A., dated March 22, 1994, and
..
recorded March 23, 1994, in Mortgage Book 485, pages 827-835 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 beforeÅf't I,~-a-, 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.
"O~
( .' -~" 772 (71-Û - .
Philip M. Pi er ' ,
Social Sec. /Tax ill No.5!:3 .- 3,;) - 9 tJ J- 0
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LOIS A. PIxler'
Social Sec. /Tax ill No. :57 d- 3 .¡ 7/9 V
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EASEMENT ACOUISmON
OWNER: PIXLER, PHILIP M. & LOIS A.
253 N OHIO
SALINA, KS 67401
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RIVERSIDE PARK
ADDITION
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Lor 3, BLK 10,
RIVERSIDE PARK
ADDI noN
LEGAL DESCRIPTION:
THE EAST 5' OF LOT ONE (1) & LOT TWO (2), BLOCK TEN (10), RIVERSIDE PARK ADDI1l0N, IN THE CITY OF SAUNA, SAUNE
COUNTY, KANSAS. SAID TRACT CONTAINS 500 SQUARE FEET, MORE OR LESS.
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of September, 1997, by and between Philip M.
Pixler and Lois A. Pixler, 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.
Philip M. Pixler
Lois A. Pixler
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 Philip M. Pixler and Lois
A. Pixler, 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
1
EASEMENT ACQUISITION
OWNER: PIXLER, PHILIP M. & LOIS A.
253 N OHIO
SALINA, KS 67401
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RIVERSIDE PARK
A DD/ nON
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Lor J, BLK 10,
RIVERSIDE PARK
ADDITION
LEGAL DESCRIPTION:
THE EAST 5' OF LOT ONE (1) & LOT TWO (2), BLOCK TEN (10), RIVERSIDE PARK ADDITION, IN THE CITY OF SAUNA, SAUNE
COUNTY, KANSAS. SAID TRACT CONTAINS 500 SQUARE FEET, MORE OR LESS.
Exhibit A