Lot 15, Block 15 GRANT OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this~ (e.~A~ day of February, 2000, by and between JERRY D.
NICHOLS and LORITA G. NICHOLS, 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.
IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first
COUNTY'OF SALINE rr/,)_y,~,~ ,
F|LED FOR RECORD IN MY OFFICE
MAR Z, Y 2.000 A] Je
~iJ~.J'~,O,,'I'LREG. OF DEEDS
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 2(o ~g~ day of February, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came JERRY D. NICHOLS
and LORITA G. NICHOLS, 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.
i~g~ ~r/~Tt~ i~ ~ ![ ~/ Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Jerry D. and Lorita G. Nichols
City of S~ir~
Project 98-1138
Ohio Street, Tract 3
PERMANENT EASEMENT
A tract of land in Lot 15, Block 1~, Belmont Addition to the City of So_ lin~ Salill¢ County, K~n.~.~
describ~ as follows:
Commencing at thc Southeast comer of said Lot 15; thence Northerly along the East line of said
Lot 15 on an assumed bearing ofN 00°00'00~E a distance of 25.00 feet to the point ofb~nnin~, th~
continuing N 00°00'00'E along said East line, a distance of 5.50 feet; thence S $1°29'25"W a distance of
48.~6 feet to a point on the South line of said Lot 15; thence S 89°36'09~E along said South line a
distance of 8.00 feet; thence N 50°2Y45'~E a distance of 38.92 feet to the point ofbg~nning, Gont~inln~
204 square feet, more or less.
CONSTRUCTION EASEMENT
A tract of land in Lot 1~, Block 15, Belmont Addition to the City of Salina, Saline County,
K~n.~s described as follows:
Be~nning at the Northeast comer of said Lot 15; thence Westerly along the North line of said
Lot 15 on an assumed bearing of N 89°36'09"W a distance of 18.00 feet; thence S 00°00'00~E a distance
of ~.32 feet; thence N 51°29'25"E a distance of 23.00 feet to a point on the East line of said Lot 1~;
thence N 00°00'00~E along said East line a distance of 40.87 feet to the point ofbe~nning, gol~t~ining
866 square feet, more or less.
Exhibit A
&COMPANY
,,~ RIGHT OF WAY AND EASEMENT ACQUISITION
OWNER: Jerry D. & Lorito G. Nichols
SALINA, KS 67401
Lot 15 ~
Block 15 ~
BelmontAddition' LU'~'~
Exist. R/W = ~0. O~ 5L ~Lot Corner
MAGNOLIA ROAD
/"= 15'
Exhibit B
I~>'-LEGAL DESCRIPTION: _., "This does not constitute o
~, ~ ¢ L?n u~ I1~. legol survey, drowing is for
SEE PAGE 2 ~gF 2 in?ormotionol purposes 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 Jerry D. Nichols and Lorita G. Nichols.
2. The name of the original Mortgagee is United Missouri Mortgage Company.
3. A Mortgage dated April 14, 1994, was recorded April 20, 1994, at Book 487
of Mortgages, pages 411-416 of the records of the Register of Deeds of Saline County,
Kansas.
4. Thc Mortgage was assigned to Atlantic Mo~gage & Investment Corporation.
The Assignment of Mortgage was recorded May 20, i 997, in Book 553 of Mortgages, page
48, also of the records of the Register of Deeds of Saline County, Kansas.
5. 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.
6. This Consent to Easements shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
,. ....... ~,. Dated this 22rtl day of ~ 2000.
· .' ...... ,.. Atlantic Mortgage & Investment Corporation
....... ,., > .... Amistmt: Vice ProsieSt: [Title]
STATE OF P].ar~ ., mva~_ COUNTY, ss:
BE IT REMEMBERED, that on this 22rrltay of Farria ., 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
.hrdr~ ~ ., gss~stmt Vic~ t>r~sidm~c of
Atlantic Mortgage & Investment Corporation, 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.
Notary Public
My appointment expires:
Jerry D. and Lorita G. Nichols
City of Sa~ins
Project 98-1138
Ohio Street, Tract 3
PERMANENT EASEMENT
A tract of land in Lot 15, Block 15, Belmont Addition to the City of Salina~ Saline County, Kan~s
descri~ as follows:
Commencing at the Southeast corner of said Lot 15; thence Northerly along the East line of said
Lot 15 on an assumed bearing ofN 00°00'00"E a distance of 25.00 feet to the point of beginning, thence
continuing N 00°00'00"E along said East line, a distance of 5.50 feet; thence S 51°29'25"W a distance of
48.56 feet to a point on the South line of said Lot 15; thence S 89°36'09"E along said South line a
distance of 8.00 feet; thence N 50°25'45"E a distance of 38.92 feet to the point ofbe~nning, containing
204 square feet, more or less.
CONSTRUCTION EASEMENT
A tract of land in Lot 15, Block 15, Belmont Addition to the City of Salina, Saline County,
g_sn.~as described as follows:
Be~nning at the Northeast corner of said LOt 15; thence Westerly along the North line of said
Lot 15 on an assumed bearing ofN 89°36'09~W a distance of 18.00 feet; thence S 00°00'00'E a distance
of 55.32 feet; thence N 51°29'25~E a distance of 23.00 feet to a point on the East line of said LOt 15;
thence N 00o00,00~E along said East line a distance of 40.87 feet to the point of be~nning, containing
866 square feet, more or less.
Exhibit A
Wll OIV
&COMPANY
,~' RIGHT OF WAY AND EASEMENT ACQUISITION
STATE OF KANSAS ~. NER: Jerry D. & Lorito G. Nichols
COUNTY OF SALINEJ SALINA, KS 67401
FILED FOR RECORD IN MY OFFICE
01'1 MAR 7., 7 2000 AT
¢ ~_TO~~'~. EG. OF DE[PS
I
Belmont Addition'
~ ~"
~ ri- Exist. R/w = 30.0~ SL ~Lot Corner
MAGNOLIA ROAD
/"= 15'
Exhibit B
LEGAL DESCRIPTION- "This does not conslitute o
-~,,~oh~Z, , fl.l~l/y),.O~ ~r ~Ct~)-t ~,~.. legol survey, drowing is for
~ ~,~os~ ~ ~-- inror~etionol~,ur~,oses o,~ly.' s~ss , o~ ~