Agr Permanent Easement
AGREEMENT
This Agreement is made this ~ day of ~VAeY ,2003, by and between MARK L.
MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The
Elden V. Miller Revocable Trust dated October 11, 1996 (the "Trust"), for the Lynne Suzanne
Cavanaugh Generation-Skipping Tax Exempt Share; and for the Jean Elizabeth Liesmann
Generation-Skipping Tax Exempt Share (the "Owner"), and the CITY OF SALINA, KANSAS, a
municipal corporation, (the "City").
RECIT ALS
A. The City wishes to acquire from the Owner a permanent easement in, through,
over, and across certain portions of land owned by the Owner (the "Property") for the purpose of
constructing, installing, repairing, replacing, and maintaining public utilities and appurtenances
thereto, in perpetuity, (the "Permanent Easement").
B. The City wishes to acquire from the Owner a temporary construction easement in,
through, over, and across a certain portion of the Property for the purposes of access, storage of
materials and equipment, and surface reshaping or regrading, for a term of one (1) year (the
"Temporary Construction Easement").
C. It is the desire of the Owner to convey the Permanent Easement and Temporary
Construction 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 attached and incorporated Exhibit A and as depicted on the
Engineering Drawing attached and incorporated Exhibit B. The Temporary Construction Easement
to be conveyed by the Owner to the City shall be as legally described on the attached and
incorporated Exhibit C and as depicted on the Engineering Drawing attached and incorporated
Exhibit D.
2. Compensation. The City agrees to pay the Owner upon closing the combined
total sum of Twenty-six Thousand One Hundred Twenty-three Dollars and 69/100 Cents
($26,123.69) for the Permanent Easement and Temporary Construction Easement, consisting of
the following:
Permanent Easement
(17,454.55 sq. ft. @ $1 per sq. ft.)
$17,454.55
Temporary Construction Easement
(34,676.55 sq. ft. @ $.25 per sq. ft.)
8.669.14
Total Compensation
$26,123.69
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 two Permanent Easement documents
identical to the copies attached as Exhibits E and F to this Agreement. The Temporary
Construction Easement shall be conveyed to the City by Owner's execution and delivery to the
City of two Temporary Construction Easement documents identical to the copies attached as
Exhibits G and H to this Agreement. The Permanent Easement documents and Temporary
Construction Easement documents 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 it is the lawful owner of legal and equitable
title to the Property and that the Property is not subject to any other contract for sale or other
liens and encumbrances, except: ).XN6
5. Consent to Easement. In those cases where the Property 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 Permanent Easement and Temporary Construction Easement
executed and acknowledged by a duly authorized representative of the lienholder. Any consent
to the Permanent Easement and Temporary Construction 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
closing the Owner shall:
, 2003.
At
a. deliver to the City the fully executed and acknowledged Permanent
Easement documents and Temporary Construction Easement documents;
b. deliver to the City any necessary consent to Permanent Easement and
Temporary Construction 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 (2) above.
7. Possession. The City shall be entitled to possession of the Permanent Easement
and Temporary Construction Easement immediately upon closing.
8. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent ofthe City.
-2-
9. 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"
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996 for the Lynne Suzanne
Cavanaugh Generation-Skipping Tax Exempt Share;
and for the Jean Elizabeth Liesmann Generation-
Skipping Tax Exempt Share
.
/l~
Mark L. Miller, T stee
Social Sec. /Tax ID No. 4B-¿,,3G:A-fO( tb\{N}JG>;'(~
A£-"~"\-Qqj G~ "I ~
ADVANTAGE TRUST COMPANY, Trustee
By:
By:
~
Mark L. Miller, esldent
CITY OF SALINA, KANSAS
BY~
Dennis M. Kissi ger
ager
-3-
LEGAL DESCRIPTION
PERMANENT UTILITY EASEMENT
ELDON V. MILLER TRUST
A tract of land lying in the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of Section
11, Township 15 South, Range 3 West, of the 6th Principal Meridian, Saline County, Kansas, and
being more particularly described as follows:
Commencing at the Northeast (NE) Comer, of the Northeast Quarter, of the Northeast Quarter
(NE 1,4, NE 1,4), of said Section 11; thence S 00 D3' 55" E, along the East Line of the Northeast
Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 1308.34 feet;
thence S 89 56' 05" W, perpendicular to the East Line of the Northeast Quarter, of the Northeast
Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 60.00 feet, to the intersection of the
West Right of Way Line of South 9th Street, and the proposed South Line of a Temporary
Construction Easement, and the POINT OF BEGINNING: thence S 00 D3' 55" E, along the West
Right of Way Line of South 9th Street, and parallel with the East Line of the Northeast Quarter, of
the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 15.00 feet, to a point on the
South Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11;
thence S 89 ~7' 07" W, along the South Line of the Northeast Quarter, of the Northeast Quarter
(NE 1,4, NE 1,4), of said Section 11, a distance of 1166.22 feet to a point on the East Right of Way
Line, of Interstate Highway 135; thence N 18 55' 45" E, along the East Right of Way Line, of
Interstate Highway 135, a distance of 15.88 feet; thence N 89 ~7' 07" E, parallel with the South
Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a
distance of 1161.05 feet to the POINT OF BEGINNING.
The above described tract of land contains 17454.55 square feet, or 0.40 acres, more or less.
CERTIFICATION
STATE OF KANSAS)
) SS
COUNTY OF SALINE)
. "
"
L:\2001459\survey\legals\EIdon V Miller Trust Pennanent Easementdoc
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PERMANENT UTILITY EASEMENT
1.1111. BUCHE& WILLIS Ii RATLIFf
I"IJI~ CORPORATION
60' WEST NORTH STREET SALINA. KANSAS 67~0 785-827-3603
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
ELDON V. MILLER TRUST
A tract of land lying in the Northeast Quarter, of the Northea<;t Quarter (NE lA, NE IA), of Section
11, Township 15 South, Range 3 West, of the 6th Principal Meridian, Saline County, Kansas, and
being more particularly described as follows:
Commencing at the Northeast (NE) Comer, of the Northeast Quarter, of the Northeast Quarter
. (NE lA, NE IA), of said Section 11; thence S 00 03' 55" E, along the East Line of the Northeél$t
Quarter, of the Northeast Quarter (NE lA, NE IA), of said Section 11, a distance of 1278.34 feet;
thence S 8956' 05" W, perpendiCular to the East Line of the Northeast Quarter, of the Northeast
Quarter (NE lA, NE IA), of said Section 11, a distance of 60.00 feet, to a point on the West Right
of Way Line of South 9th Street, and the POINT OF BEGINNING: thence S 00 03' 55" E, along
the West Right of Way Line of South 9th Street, and parallel with the East Line of the Northeast
Quarter, of the Northeast Quarter (NE lA, NE IA), of said Section 11, a distance of 30.00 feet, to a
point on the proposed North Line of a Pennanent Utility Easement; thence S 89 ¿¡'7' 07" W, along
the proposed North Line of a Permanent Utility Easement, and parallel with the South Line of the
Northeast Quarter, of the Northeast Quarter (NE lA, NE IA), of said Section 11, a distance of
1161.05 feet to a point on the East Right of Way Line, pf Interstate Highway 135; thence N 18.
55' 45" E, along the East Right of Way Line, of Interstate Highway 135, a distance of 31.76 feet;
thence N 89 ¿¡'7' 07" E, parallel with the South Line of the Northeast Quarter, of the Northeast
Quarter (NE lA, NE IA), of said Section 11, a distance of 1150.72 feet to the POINT OF
BEGINNING.
The above described tract of land contains 34676.55 square feet, or 0.80 acres, more or less.
CERTIFICATION
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
. I, Kenneth J. Turner, do hereby certify that I am a registered land surveyor with the
firm of Bucher, Willis & Ratliff COrporation, that the heretofore described property
was surveyed by me, or under my direct supervision; and that all of the monuments
sho\V11 herein actually exist and their positions are correctly shown to the best of my
knowledge a belief~, 1\ --------------_.--_u- _m__~___n_-____-------------
L:\2001459\survey\legals\Eldon V Miller Trust Temporary Easement-doc
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609 WEST NORTH STREET SALINA. KANSAS 67"°1785-827-3603
PERMANENT UTILITY EASEMENT
THIS INDENTURE, made this - day of , 2003, by and between MARK L.
MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The
Elden V. Miller Revocable Trust dated October 11, 1996, for the Lynne Suzanne Cavanaugh
Generation-Skipping Tax Exempt Share (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, as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of
the City, its servants, officers, employees, contractors, and ftanchisees, for purposes of constructing,
installing, repairing, replacing, and maintaining public utilities and appurtenances thereto, in
perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
. year rust above written.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996, for the Lynne Suzanne
Cavanaugh Generation-Skipping Tax Exempt Share
By:
Mark L. Miller, Trustee
ADV ANT AGE TRUST COMPANY, Trustee
By:
Mark L. Miller, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this - day of , 2003, by Mark
L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas
trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996.
Notary Public
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Exhibit E
PERMANENT UTILITY EASEMENT
THIS INDENTURE, made this - day of , 2003, by and between MARK L.
MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The
Elden V. Miller Revocable Trust dated October 11, 1996, for the Jean Elizabeth Liesmann
Generation-Skipping Tax Exempt Share (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, as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of
the City, its servants, officers, employees, contractors, and ftanchisees, for purposes of constructing,
installing, repairing, replacing, and maintaining public utilities and appurtenances thereto, in
perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996, for the Jean Elizabeth
Liesmann Generation-Skipping Tax Exempt Share
By:
Mark L. Miller, Trustee
ADV ANT AGE TRUST COMPANY, Trustee
By:
Mark L. Miller, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this - day of , 2003, by Mark
L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas
trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996.
Notary Public
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(aX13)]
Exhibit F
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this - day of , 2003, by and between MARK
L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The
Elden V. Miller Revocable Trust dated October 11, 1996, for the Lynne Suzanne Cavanaugh
Generation-Skipping Tax Exempt Share (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 temporary construction easement in, through, over, and across a certain portion of
land oWfled by the Grantor, as legally described on the attached and incorporated Exhibit A and
as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary
Easement") for all rights of ingress and egress of the City, its employees, contractors, and
franchisees, for the purposes of access, storage of materials and equipment, and surface
reshaping or regrading, for a term of one (1) year commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996, for the Lynne Suzanne
Cavanaugh Generation-Skipping Tax Exempt Share
By:
Mark L. Miller, Trustee
ADV ANT AGE TRUST COMPANY, Trustee
By:
Mark L. Miller, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this - day of , 2003, by Mark
L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas
trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996.
Notary Public
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Exhibit G
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this - day of , 2003, by and between MARK
L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The
Elden V. Miller Revocable Trust dated October 11, 1996, for the Jean Elizabeth Liesmann
Generation-Skipping Tax Exempt Share (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 temporary construction easement in, through, over, and across a certain portion of
land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and
as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary
Easement") for all rights of ingress and egress of the City, its employees, contractors, and
franchisees, for the purposes of access, storage of materials and equipment, and surface
reshaping or regrading, for a term of one (1) year commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996, for the Jean Elizabeth
Liesmann Generation-Skipping Tax Exempt Share
By:
Mark L. Miller, Trustee
ADV ANT AGE TRUST COMPANY, Trustee
By:
Mark L. Miller, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this - day of ,2003, by Mark
L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas
trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996.
Notary Public
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Exhibit H