Lot 11, Block 3 (2)
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Mi:;c. 1;11\ /i.a..!l-- r>g J~
PERMANENT EASEMENT
THIS INDENTURE, made this 2.2~ay of September, 1997, by and between Dadsson's,
Lc., a Kansas limited liability company, (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.
DADSSONS, Lc.
By:
~~
1/
KANSAS} N FILED FOR Rf:C()RD
STATE OF ::. IN MYOFFICEAT
COUNTY OF SALINE
J.;~CK NaV - ~ 1997 :=
~~~)~~:.~~
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REl\1EMBERED, that on this ;:2.~~ay of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came John Divine, a member
of Dads son's, Lc., a Kansas limited liability company, who is personally known to me to be the same
person who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the company.
¿/By:
~~~,~
Clay Tho son, Member
~/
By:
~--
Step en Thomp~ Member
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
19
EASEMENT ACOUISlllON
.',," .,., 11~'l ,>cJ:tQ-
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OWNER: DADSSON'S, LLC.
1748 GLEN AVE
SAUNA, KS 67401
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LOT 13, BLK J,
R/VERVIEW
ADDITION
LEGAL DESCRIPTION:
THE WEST 5' OF THE SOUTH 63.5' OF LOT ELEVEN (11). BLOCK THREE (3), RIVERVlEW ADDITION, IN THE CITY OF SAUNA,
SAUNE COUNTY. KANSAS. SAID TRACT CONTAINS 317.5 SQUARE FEET, MORE OR LESS.
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100' et~, k, /V1,'1.CJ ("1",
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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 Mortgagor to the
City of Salina, Kansas (the "City"), as follows:
1.
The name of the Mortgagor is Dadssons, L. C.
2. The name of the Mortgagee is The Mortgage Company. A Mortgage dated May 9,
1997, was recorded May 9, 1997, at Book 552 of Mortgages, page 320 of the records of the Register
of Deeds of Saline County, Kansas.
3. The Mortgage was assigned to First Bank Kansas. The Assignment of Mortgage
dated May 9, 1997, was recorded May 9, 1997, in Book 552 of Mortgages, page 331, also of the
records of the Register of Deeds of Saime County, Kansas.
4. Mortgagor intends 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 8TH day of OCTOBER
,1997.
STATE OF KANSAS 1 Q i ~ FILEDFORRfCORD
COUNTYOFSALINEJ 55. l'-fti- INMYOFFICEAT
01.:~~:( NOV -. 3 1997 = By
~~~~
REG. OF DEEDS
S AT F KANSAS , SALINE
FIRST BANK KANSAS
COù1~7Y, sa:
BE IT REl\1EMBERED, that on this 8TH day of OCTOBER, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
THOMAS .1- RUNYON RYRC'.TITTVR VIC'.R 'PBEST{)J;Xr of First Bank
Kansas, 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.
~JeñEJ
-b\ '- '\. ç-\ \' m \ ~J~~
\ Notary Public
.19 t
EASEMENT ACQUISITION
OWNER: DADSSON'S, LLC.
1748 GLEN AVE
SALINA, KS 67401
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R/VERVIEW
ADD/TlON
LEGAL DESCRIPTION:
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THE WEST 5' OF THE SOUTH 63.5' OF LOT ELEVEN (11), BLOCK THREE (3). RIVERVlEW ADDITION. IN THE CITY OF SAUNA.
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 317.5 SQUARE FEET, MORE OR LESS.
ð 0" -~~.. (;:11")( ~
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Exhibit A
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"
AGREEMENT
This Agreement is made this~;;:>~y of September, 1997, by and between Dadsson's,
Lc., a Kansas limited liability company, 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
Three Hundred Forty-Two Dollars and Fifty Cents ($342.50) for the permanent easement
consisting of the following:
Permanent Easement
(317.50 square feet at $1.00 per square feet)
$317.50
Damages to remaining property
(Loss of 5 ft. of spirea)
25.00
Total Compensation
$342.50
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 executed by Dadsson's LLc. in favor of The Mortgage
Company dated and recorded May 9, 1997, in Mortgage Book 552, page 320, and assigned and
recorded May 9, 1997, to First Bank Kansas in Mortgage Book 552, page 331, 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 ~ ;)?~, 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"
DADSSON'S, Lc.
i/
By:
Cf)~
-2-
v// By:
~~.
Clay Th pson, Mem er
/
2/ By:
~1hO~'i.re~
Soc. Sec./Tax ID No. &{ ~- (fS" l('f ~(.
CITY OF SALINA, KANSAS
By
-3-
19
EASEMENT ACOUISmON
OWNER: DADSSON'S, LLC.
1748 GLEN AVE
SALlNA, KS 67401
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SOUTH LINE OF SOUTH WEST QUARTER OF SECTlON 7, T 14S, R 2W
LOT 13, BLK 3,
R/VERVIEW
ADD/ TlON
LEGAL DESCRIPTION:
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THE WEST 5' OF THE SOUTH 63.5' OF LOT ELEVEN (11), BLOCK THREE (3), RIVERVlEW ADDIllON, IN THE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 317.5 SQUARE FEET, MORE OR LESS.
Exhibit A
"
PERMANENT EASEMENT
THIS INDENTURE, made this - day of September, 1997, by and between Dadsson's,
LC., a Kansas limited liability company, (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.
DADS SON'S, LC.
By:
By:
Cl~~
By:
¥~
Steph n Thomp on, ember
STATE OF KANSAS, SALINE COUNTY, ss:
Î ,,&
BE IT REl\1EMBERED, that on this c:^ ),.- day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came John Divine, a member
of Dads son's, LC., a Kansas limited liability company, who is personally known to me to be the same
person who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Exhibit B
. .
, .
f\. KARLA S. BARNHART 1
~ Notary Public. State 01 Kan::;ai> ,
My Appl. Expires \O.;tO '11
~~ 1:J. \~~~a-1-
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
'ì ~
BE IT REl\1EMBERED, that on this ~ day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Clay Thompson, a
member of Dadsson's, Lc., a Kansas limited liability company, who is personally known to me to be
the same person who executed the above and foregoing instrument of writing and duly acknowledged
the execution of the same on behalf of the company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
f\. KARLA S. BARNHART
~ Notary Public. State of Kan....
My Appl. Expires 'b' d.. CJ - 'ì!
~~L~ J.
~ CÁ--^-..1,,-l, c'-~+
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
&1
BE IT REl\1EMBERED, that on this).d-. ~day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Stephen Thompson, a
member of Dadsson's, LC., a Kansas limited liability company, who is personally known to me to be
the same person who executed the above and foregoing instrument of writing and duly acknowledged
the execution of the same on behalf of the company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
KeuL,- ¿ .
A. KARLA S. BARNHART
~ Notary Public. State 01 Ka~~$
My Appl. Expires \C>- d.~' '1-1
6~~evJ
Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
-2-
19
EASEMENT ACOUISmON
OWNER: DADSSON'S, L.L.C.
1748 GLEN AVE
SALlNA, KS 67401
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~ - - - -______L.____.--
SOUTH LINE OF SOUTH WEST QUARTER OF SECTlON 7, T 145, R 2W
LOT 13, BLK 3,
RIVER VIEW
ADD/TlON
LEGAL DESCRIPTION:
a
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THE WEST 5' OF THE SOUTH 63.5' OF LOT ELEVEN (11), BLOCK THREE (3), RIVER VIEW ADDITION, IN THE aTY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 317.5 SQUARE FEET, MORE OR LESS.
Exhibit A