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Agr Purchase Easement AGREEMENT This Agreement is made this lOll... day of May, 2004, by and between LAURA J. HILLS and DARRELL M. HILLS, Trustees, under The Laura J. Hills Trust dated June 1, 2000 (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 Two Hundred Ninety-three Dollars and 19/1 00 Cents ($26,293.19) for the Permanent Easement and Temporary Construction Easement, consisting of the following: Permanent Easement (17,511.05 sq. ft. @ $1 per sq. ft.) Temporary Construction Easement (35,128.56 sq. ft. @ $.25 per sq. ft.) $17,511.05 8.782.14 Total Compensation $26,293.19 3. Reseeding. The City acknowledges that the owner has seeded the area affected by the permanent easement and the temporary construction easement. The City agrees that in conjunction with its installation of a sanitary sewer line in the permanent easement during the term of the temporary construction easement, the City shall cause the affected area to be graded and re-seeded for the purpose of restoring the surface as nearly as possible to its condition just prior to installation of the sanitary sewer line. 4. 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 E to this Agreement. The Temporary Construction Easement shall be conveyed to the City by Owner's execution and delivery to the City of a Temporary Construction Easement document identical to the copy attached as Exhibit F to this Agreement. The Permanent Easement document and Temporary Construction Easement document shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense ofthe City. 5. 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: 6. 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. 7. Closing. Closing shall take place on or before May 21, 2004. At closing the Owner shall: 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, -2- at which time the City shall pay Owner the total compensation set forth in paragraph (2) above. 8. Possession. The City shall be entitled to possession of the Permanent Easement and Temporary Construction Easement immediately upon closing. 9. Nonassignable. Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. 10. 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 LAURA J. HILLS TRUST DATED JUNE 1,2000 By: " /,<1 ,,' " /' ,// "'{/fIb t- ;¡fi; L.t'A-i l , (- / Laura J. Hills, rustee THE LAURA J. HILLS TRUST DATED JUNE 1,2000 By: lþj"'", , ~", /': ;/' (/ ¿: ""'Z.t; , /Y7 /:/7-:!!-' Darrell M. Hills, Trustee CITY OF SALINA, KANSAS By: w~ anager -3- EXHIBIT A "". " ¡!-" LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT LAURA J HILLS TRUST A tract of land lying in the Southeast Quarter, of the Northeast Quarter (SE 'A, NE 'A); 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)Corner, of the Northeast Quarter, of the Northeast Quarter (NE 'A, NE 'A) of said Section 11; thence S 00 03' 55" E, along the East Line of the Northeast Quarter, of the NortheastQuarter (NE 'A, NE 'A), of said Sec,don 11, a distance of 1323. 19,Jeet, to the Northeast ~) Corner of the Southeast Quarter, of the Northeast Quarter (SE 'A, NE 14), of said Section 11; thence S 89 ~7' 07" W, along the North Line of ihè-Southeast Quarter, of the - Northeast Quarter (SEIA, NE 'A), 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 Lineof the Southeast Quarter, of the Northeast Quarter (SE lA, NEI4), of said Section 11, a distance ill 15.00 feet, to a point on the North Line:of a proposed,Temporary Construction Easement; thenCe , ' - - - S 89 ~7' 07" W, along ~ proposed Norl:þ Line of-a Temporary Construction Easement, and parallel with the North Line of the Southea# Quarter~of the Northeast Quarter (SE 'A, NE 14), of . said Section 11,a distance of 1168.59 feetto a point-on the-East Right of Way Line, of Interstate Highway 135; thence N 08 53' 35" E, along the East Right of Way LÌ1ie, ot Interstate Highway 135, a distance of 15.19 feet, to a point on the North Line of the Soullièâst; Quarter, of the Northeast Quarter (SE lA, NE IA), of said Section 11; thence N 89~7" 07" E. along the North Line ofìbe Southeast Quarter, of the NortbeàstQuarter (SE 14, NE 14), of said Section 11, a distance of ' 1166.22 feet to the-POINT OF BEGINNING. ' , / ... -\ The above deScribed tract of land contains 17511.05 square feet,or 0.40 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 - surveYdr - with the firm of Bucher, Willis & Ratliff Corporation, that the heretofore described property - - was surveyed-by -me,-orunder my direct supervision; and that-all of thernonumenfs shown herein actually exist and theirposÎtions are correctly shown to the best of my knowledge d belief. ,- \ - A, , /' '- ~ L:\2001459\survey\1egals\Laura I Hills Trust Permanent Easement.doc ~ ~ '"" ~ e r , , , ~I . ~:~ , . . !'- SW COR., IN( 1/4, ~ NE 1/4, $. EC. II, ~ T 15 S, R .3 W . - SEI "'5 REBAR . & ENlR CAP " . IN( COR., NE 1/4, NE. ://4, SEC. 1I. T /5 S, R .3 W SEI +5 REBAR & BNR CAP. i ~ ~/ ~/ ~ï ì' '" or HE COR., SEC., II, T 15 S,R J W FND. ~' BAR w/ SHEARED OFF CAP VICINITY MAP ELDON V. MILLER T¡:¡UST ...,.-.,.'" I \ SW COR.,NE 1/4. NE 1/4, I SEC. II. T 15 S.R J W . SEI "'5 REBAR 8< 8NR CAP , \wCOR..Sç: 1/4,NE 1/4. SEC. II, T /5 S,R.3 W . N SEI "'5 REBAR & BNR CAP SCALE ./' - 2.W ,-' ; E ~ cåR~,SEC. 1/ T 15 S,R.3W . FND.Vl'BAR & ALUM/NUM CAP l ./ NrJTEI ,,~ Bqsls of' B«1rlng Is TrufJ North obtaIned . from GPS ob$fJrvatlons. ... - All monuinBnts are of' unkn<NIn orIgIn¡ unl"s ..dherwlse rded. .-: I' . PERMANENT UTILITY EASEMENT 1.11.1.11.. .1. sue. HEll,. ." WILU..5.. St. RATLIFF I.'IJI~ CORPORATION 609 WEST NORTH STREET SA~INA. KANSAS 67~01 785-827-3603 ..'c..-"', ' EXHIBIT C / LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASE:MENT LAURA J IDLLS TRUST A tract of land lying in the Southeast Quarter, of the Northeast Quarter (SE 14, 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) Corner, of the Northeast Quarter, of the Northeast Quarter (NE 14, NE IA) of said Section 11; thence S 00 03' 55" E, alçmg the East Line of the Northeast Quarter, (NE 1.4), of said Section 11, a distance of 1338..j~ feet; thence S 89 56' 05" W, , perpendic\Ìlai to'the East Line of the Southeast Quarter, of the North,e~t Quarter (SE lA, NE %), of said Section 11, a distance of 60.00 feet, to the intersection'of the Wð!¡t Right of Way Line of South 9th Street, and the proposed South Line of a P,ermanent Utility Easement, and the POINT OF BEGINNING: thence S 00 03' 55'" E, along the West Right of Way Line of South 9th S~eet, and parallel with the East Line of the Southeast Quarter, of the Northeast Quarter (SE lA, NE IA), of said Section 11, a distance of 30.00 t.~t; thence S 89 ~7' 07" W, parallel with the North LÙl~ of the SoutheastQuarter, of the Northeasi'Qparter (SE lA, NE 14), of said Section 11, a distance of 1173.32 feet to a point on the East Right 01 Way LiBe~ of Interstate Highway 135; thence N 08' 53' 35" E, along the East Right of Way Line, of Interstate Highway 135, a, distance of 30.38 feet, to a point on the proposed South Line of a Permanent Utility Easement; thence N89 ~7' 07" E, along the proposed South Line of the Permanent Utility Easement, and p~lel with the North Line of the Southeast Quarter; of the Northeast Quarter (SE lA, NE 14), ofS"aid Sèction 11, a distance of 1168.59 feet to the POINT OF BEGINNING. " " " , ' ' The above descn'bed tract otiänd contains 35128.56 square feet, or 0.81 acres, more orless. CERTIFICATION STATE OF KANSAS ) , ) SS COUNTY OF SALINE ) 'I, Keimeth J. Turner, do hereby ceitify that I am a registered land surveyor with the firinofBucher, Willis & Ratliff Corporation, that the heretofore described prope~y .. was surveyed by me, or under my direct supervision; and that all of the monuments shown herein actu3lly exist and their positions are correctlyshowp. to the best of my knowled , . 'I A, , '/ " i.. L:\2001459\survey\lega1s\Laura J Hills Trust Temporary Easement-doc "\1. ~ ~ ¡.; H çQ B IN! COR.,NE //4, HE '//4,' SEC. II, T IS S, R .l W 'SET +5 REBAR & BNR CAP .j' ~t ,~ ~"~ ~I ~:~ !¡J/ " ~ I... /f}/ 15'PERUANEIff, ELDON V. MILLER ,TRUST :t. 1/TILffY EASEMENT ~ ,-' c 30' TEMPORARf COH5TRUr:TIOH , , EASEMENT ,HE COR., SEC. ) /, T /5 5, R,' J W' FND. ~' BAR w/ SHEARED OFF CAP I~~ ~,.~ 1 ~.'~ ~. I -j t¡j ~ ,~~ ;:x: I ~,:~ , ~ 1 - , ~ . - . ,", ES ~ I ~~ , - ~. E ~ COIJ..:SEC. J T.lS S.RJ W FHD. Vz'BAR & ALUMIHUMCAP " VJCINITY MAP, , ' \vCOR..S~ II~NEII~ : ' SEC. /I, T /55. R 3 W i ,Sf:( +s REBAR, &8NR Clf': / / N' , HOTEl' ,"~ ... Basis of Bearltig Is True North obtalnðd fromGPS observations. ' ý' -, ", , -/ All monufT1fJrrts are uf unkn<:NIn origin I un/8$s othBrwlsenoted. ' >, , SCALE I' -200", /' "-=~~II,I 'TEMPORARY CONSTRUCTION EASEMENT II.'..... BUCHER, WILLIS & M. :rLlFF c ."'J.~ CORPORATION 101 .WEST NORTH STREET SALINA, KANSAS 'T~017.5-.27-3~03 EXHIBIT E PERMANENT UTILITY EASEMENT THIS INDENTURE, made this i2/h1ay of May, 2004, by and between LAURA J. HILLS and DARRELL M. HILLS, Trustees, under The Laura J. Hills Trust dated June 1,2000, (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 franchisees, 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. THELAURAJ. HILLS TRUST DATED JUNE 1,2000 By: "- iÞ THE LAURA J. HILLS TRUST DATED JUNE 1,2000 ------ , By: r-;/~~ ~(c Darrell M. Hills, Trustee STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this12day of May, 2004, by Laura J. Hills and Darrell M. Hills, Trustees under the Laura J. Hills Trust dated June I, 2004. ,.~-- MA¡W A, 8LÞ.KE NOT/HIY f Ie 3rATE OF :' . "..t.3 r!;¡ Aprl. Exp Y -~o-oS "..--..--.-- [A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)] EXHIBIT F TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this I1tiday of May, 2004, by and between LAURA J. HILLS and DARRELL M. HILLS, Trustees, under The Laura J. Hills Trust dated June I, 2000, (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 ofthis indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction Easement the day and year first above written. THE LAURA J. HILLS TRUST DATED JUNE 1,2000 By: ,~/g4 1"Laura J. Hit , Trustee THE LAURA J. HILLS TRUST DATED JUNE 1,2000 --,--_..---! &f:///;~p /-ñ ¿~ Darrell M. Hills, Trustee /' STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on thisl2.~ay of May, 2004, by Laura J. Hills and Darrell M. Hills, Trustees under the Laura J. Hills Trust dated June 1, 2000. ~u(. Au-/ .---. I ! I ~ ',-"..... MARY A. BLAKE NOTARY!:1' Ie STATE OF ¡',A3 My !\ppl. Exp. r¡~,12S... ;'-"'- ""'-,--,--,... [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e{a)(13)]