Lot 10, Block 12 STATE OF KANSA$ 't?-~ / FILED FOR RECOT~D
COUN~ OF SAUNE~ ~'~'/'v IN MY OFFICE AT
o'c KAPR 1 7 2000 ANDmY
~ M. RECORDED
GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of April, 2000, by and between RICHARD W.
SHANNON and KATHY L. SHANNON, previously known as KATHY L. LIEBENBERG,
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.
Kathy L. ~h-a~h~
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this (~ ~ day of April, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came RICHARD W.
SHANNON and KATHY L. SHANNON, formerly known as KATHY L. LIEBENBERG, 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.
}~ 8~'^TE ~ t~*~i'~ ~ ~.,:f" ' Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Richard W. Shannon and Kathy L. Liebenberg
City of Salina
Project 98-1138
Ohio Street, Tract 24
PERMANENT EASEMENT
A tract of land Lot 10, Block 12, Belmont Addition to the City of Salina. Saline County, Kan.~s
described as follows:
Commencing at the Southeast corner of said Lot 10; thence Northerly along the East line of said
Lot 10 on an assumed bearing ofN 00°00'00"E a distance of 9.00 feet to the point ofb~nnin~, thotlce
continuing N 00°00'00~E along said East line, a distance of 5.00 feet; thence N 89°36'09%V a distance of
5.00 feet; thence S 00°00'00"E a distance of 5.00 feet; thence S 89°36'09~E a distance of 5.00 feet to the
point of beginning, containing 25 square feet, more or less.
PERMANENT EASEMENT
A tract of land in Lot I0, Block 12, Belmont Addition to the City of Salina, Saline County,
Kan.qas described as follows:
Be~nning at the Northeast comer of said Lot 10; thence Southerly along the East line of said Lot
10 on an assumed bearing of S 00°00'00"E a distance of 5.00 feet; thence N 30°51'30%V a distance of
5.85 feet to a point on the North line of said LOt 10; thence S 89°36'09~E along said North line a distance
of 3.00 feet to the point ofbe~nning, containing 7.5 square feet, more or less
CONSTRUCTION EASEMENT
A tract of land Lot 10, Block 12, Belmont Addition to thc City of Salina, Saline County, Kansas
described as follows:
Be~nning at the Southeast comer of said Lot 10; thence Northerly along thc East line of said Lot
10 on an assumed bearing ofN 00°00'00~E a distance of 9.00 feet; thence N 89°36'09"W a distance of
5.00 feet; thence N 00°00'00~E a distance of 5.00 feet; thence S 89°36'09~E a distance of 5.00 feet to a
point on said East line; thence lq 00°00'00~E along said East line a distance of 111.00 feet; thence N
30°5 l'30"W a distance of 5.85 feet to a point on the North line of said Lot 10; thence N 89°36'09"W
along said North line a distance of 3.00 feet; thence S 00°00'00"E a distance of 111.00 feet; thence N
89°36'09"W a distance of 4.00 feet; thence S 00°00'00"E a distance of 19.00 feet to a point on the South
line of said LOt 10; thence S 89°36'09"E along said South line a distance of 10.00 feet to the point of
be~nning, containing 823 square feet, more or less.
Exhibit A
&COMPANY
OWNER;Richard W.$hannon
& Kathy L. Liebenberg
SALINA, Kg 67401
NOTTINGHAM DRIVE
Exist. R/W = .~0.00' SL
Lot I0
Block 12
- * -' Belmont Addition
/"= 20'
~;~l,t ~"l~,~ ~ ~ ~~ Exhib it B
O A h D E S C RI P Y I0 N: "This d~s not constitute o
/ego/survey, drowlng is for
SEE PAGE 2 OF 2 informationol pur~ses only." PAGE I OF 2
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. The names of the Mortgagors are Richard W. Sharmon and Kathy L.
Shannon, formerly known as Kathy L. Liebenberg.
2. The name of the Mortgagee is Security Savings Bank f.s.b.
3. A Mortgage dated July 2, 1999, was recorded at Book 625 of Mortgages,
pages 253-259 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 attached to this
Consent to Easements.
5. This Consent to Easements shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
Dated this 7~ day of April, 2000.
Security Sa~
By:
'> ~ ~, i6~5 ~ [Name]
~& 6t0~_ ~'7" [Title]
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _~?day of April, 2000, before me, the
ne~d_d~ a notary public in and for the county and state aforesaid, came
undersigIt,:/IA bxjiL ~t~ '
Security Savings Bank f.s.b., 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
My appointment expires: ?- /a -' ~7.oo{ Notary Public
Richard W. Shannon and Kathy L Liebenberg
City of S°- !ina
Project 98-1138
Ohio Street, Tract 24
PERMANENT EASEMENT
A tract of land Lot 10, Block 12, Belmont Addition to the City of Snlina~ Saline County, Kansas
described as follows:
Commencing at the Southeast corner of said Lot 10; thence Northerly along the East line of said
Lot 10 on an assumed bearing ofN 00°00'00~E a distance of 9.00 feet to the point of beginning, thence
continuing N 00°00'00"E along said East line, a distance of 5.00 feet; thence N 89°36'09~V a distance of
5.00 feet; thence S 00°00'00~E a distance of 5.00 feet; thence S 89°36'09"E a distance of 5.00 feet to the
point ofb~ginning, containing 25 square feet, more or less.
PERMANENT EASEMENT
A tract of land in Lot 10, Block 12, Belmont Addition to the City of Salina, Saline County,
Knn.~,as described as follows:
· Be~nning at the Northeast gorner of said LOt 10; thence Southerly along the East line of said LOt
10 on an assumed bearing of S 00°00'00"E a distance of 5.00 feet; thence N 30°51'30%V a distance of
5.85 feet to a point on the North line of said LOt 10; thence S 89°36'09~E along said North line a distance
of 3.00 feet to the point of beginning, contnlnlng 7.5 square feet, more or less .....
CONSTRUCTION EASEMENT
A tract of land LOt 10, Block 12, Belmont Addition to thc City of S~lin~ Saline Coullty, I~nn~s
descn~ as follows:
Be~nnlng at thc Southeast corner of said Lot 10; thence Northerly along the East line of said Lot
10 on an assumed bearing ofN 00°00'00~E a distance of 9.00 feet; thence N 89°36'09"W a distance of
5.00 feet; thence N 00°00'00"E a distance of 5.00 feet; thence S 89°36'09~E a distance of 5.00 feet to a
point on said East line; thence N 00°00'00~E along said East line a distance of 111.00 feet; thence N
30°5 l'30"W a distance of 5.85 feet to a point on the North line of said Lot 10; thence N 89°36'09~W
along said North line a distance of 3.00 feet; thence S 00°00'00'~E a distance of 111.00 feet; thence N
89°36'09~W a distance of 4.00 feet; thence S 00°00'00~E a distance of 19.00 feet to a point on the South
line of said Lot 10; thence S 89°36'09"E along said South line a distance of 10.00 feet to the point of
be~nnin§, col,nining 823 square feet, more or less.
Exhib it A
&COMPANY
EASEMENT ACOUISITION
OWNER: Richard W.$hannon
& Kathy L. Liebenberg
SALINA, KS 67401
NOTTINGHAM DRIVE
Exist. R/W = JO. O0' SL
S'I'A~ OF ~NU$ '1. S& J $ FllEO FOIl
COUN~ OF ~LINEJ j~ . IN I~ OFFICE AT
~'~..-~-~O'CLOCK Ann 'l v '~nnn AND DULY
/~ M) ?rn, ~ /' Luuu RECORDED.-
Lot I0
Block 12
Belmont Addition
/"= 2dY , ., :, ,~..,.
~\ 5ae ~~ ~ Exhibit B
L E G A h D E S C RIP T IO N: "This d~s not constitute ~
legel survey, drawing is for
SEE PAGE 2 OF 2 informofionol purposes only." PAGE / OF 2