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PERMANENT EASEMENT
THIS INDENTURE, made this ß- day of February, 1998, by and between Koers-
Turgeon Consulting Service, Inc., formerly known as Koers Consulting Service, Inc., a Kansas
corporation, (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, legally described as follows:
A parcel of land located in the City of Salina, Saline County, Kansas, described
as follows:
Beginning at a point 330' North and 518.22' West of the Southeast corner of the
Northeast Quarter of Section 19, Township 14 South, Range Two west of the
Sixth Principal Meridian; thence South 200'; thence West 20'; thence North 200';
thence East 20' to the point of beginning; said tract contains 4,000 square feet,
more or less.
and depicted on Exhibit A attached to this Permanent Easement, for all rights of ingress and egress of
the City, its servants, officers, employees, and contractors, for purposes of constructing and
maintaining a sanitary sewer line, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
STATEOFKANSAS lQ.-- I r FILED FOR RECORD
COUNTYOFSALlNE!55. ]V IN MyomCEAT
1~:f~~LOCì\ ~1AR 1 7 1998 ==
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"l REG. OF DEEDS
ATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this æl day of February, 1998, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Walter C. Koers,
President of Koers- Turgeon Consulting Service, Inc., formerly known as Koers Consulting Service,
Inc., who is personally known to me to be the same person who executed the above and foregoing
instrument of writing on behalf of the corporation and duly acknowledged the execution of the same.
Koers- Turgeon Consulting Service, Inc.
formerly known as Koers Consulting Service, Inc.
lit/alA.. C, ~~
Walter C. Koers, President
By:
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
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Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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1/4 SEC 19-114W-RANGE 2W
lEGAL ~
A PARŒl. OF lAND LOCATÈÒ IN THE aTY OF SAUNA. KANSAS. DESCRIBED AS FOlOWS:
BEGINNING AT A POINT 330' NORTH AND 518.22' Yr£ST OF THE SOUTHEAST CORNER
OF lHE NORTHEAST QUARlffi OF SECTION 19, TOVtNSHIP 14 SOUTH,' RANGE lWO YÆ:ST
OF lHE SIXTH PRINaPAL MERIDIAN; THENCE SOUTH 200'; THENCE YÆ:ST 20'; THENCE
NoRlH 200', THENCE EAST. 20' TO THE POINT OF BEGINNING; SAID mACT CONTAINS
4000 SQUARE FEET, MORE OR LESS.
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Exhibit A
AGREEMENT
This Agreement is made thi~3A~day of February, 1998, by and between Koers- Turgeon
Consulting Service, Inc., formerly known as Koers Consulting Service, Inc" a Kansas
corporation, (the "Owner"), and the City of Salina, Kansas, a municipal corporation, (the
"City"),
RECITALS
A. The City, in conjunction with the private development of East Bank Estates
Subdivision, wishes to acquire from the Owner a Permanent Easement in, through, over, and
across a certain portion of land owned by the Owner, (the "Property"), for the purpose of
constructing and maintaining a sanitary sewer line in perpetuity, (the "Permanent Easement").
B. 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 depicted on the Engineering Drawing attached and incorporated as Exhibit A and
legally described as:
A parcel of land located in the City of Salina, Saline County, Kansas, described
as follows:
Beginning at a point 330' North and 518.22' West of the Southeast corner of the
Northeast Quarter of Section 19, Township 14 South, Range Two west of the
Sixth Principal Meridian; thence South 200'; thence West 20'; thence North 200';
thence East 20' to the point of beginning; said tract contains 4,000 square feet,
more or less,
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Seventeen Thousand Five Hundred Dollars and No Cents ($17,500.00) for the Permanent
Easement.
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"), 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 or
encumbrances,
5. Representations by City, As partial consideration for the Owner's granting of the
Permanent Easement, the City represents that:
a. The existing lift station serving the Property has adequate capacity
for all existing and all anticipated future use; provided, however, in the event the
capacity of the lift stations is not adequate, any necessary improvements,
additions, changes, repairs and/or corrections will be made at City expense to
correct such problems and/or assure adequate capacity.
b. There will be no restriction or reduction in the existing surface
drainage capacity across the Permanent Easement.
The above representations shall be binding upon the City and shall endure beyond the
closing of this agreement.
6, Closing. Closing shall take place on or before February ¿j, 1998. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent
Easement Document, and
b. 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. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written,
"Owner"
KOERS- TURGEON CONSULTING SERVICE, INe.
formerly known as Koers Consulting Service, Inc.
By:
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Walter C. Koers, President
Tax ill No. -503 .-" (I Y - f s./<f.-?
CITY OF SALINA, KANSAS
By
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1/4 SEC 19-114W-RANGE 2W
lEGAL ~
A PARCEL OF lAND LOCATEo IN THE aTY OF SAUNA. KANSAs, DESCRIBED AS FOlOWS:
BEGINNING AT A POINT 330' NORTH AND 518.22' Yr£ST OF lHE SOUTHEAST CORNER
OF lHE NORlHEAST QUARlffi OF SECTION 19, TOVtNSHIP 14 SOUTH, 'RANGE lWO YÆ:ST
OF lHE SIXTH PRINaPAL MERIDIAN; lHENCE SOUTH 200'; lHENCE YÆ:ST 20'; TIiENCE
NORlH 200', THENCE EAST. 20' TO THE POINT Of BEGINNING; SAID mACT CONTAINS
4000 SQUARE FEET, MORE OR LESS.
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made thi~~ay of February, 1998, by and between Koers-
Turgeon Consulting Service, Inc., formerly known as Koers Consulting Service, Inc., a Kansas
corporation, (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, legally described as follows:
A parcel of land located in the City of Salina, Saline County, Kansas, described
as follows:
Beginning at a point 330' North and 518.22' West of the Southeast corner of the
Northeast Quarter of Section 19, Township 14 South, Range Two west of the
Sixth Principal Meridian; thence South 200'; thence West 20'; thence North 200';
thence East 20' to the point of beginning; said tract contains 4,000 square feet,
more or less,
and depicted on Exhibit A attached to this Permanent Easement, for all rights of ingress and egress of
the City, its servants, officers, employees, and contractors, for purposes of constructing and
maintaining a sanitary sewer line, in perpetuity,
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
Koers- Turgeon Consulting Service, Inc.
formerly known as Koers Consulting Service, Inc.
i¡¡(~ C l ~-
Walter C. Koers, President
By:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this /714. day of February, 1998, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Walter C, Koers,
President of Koers- Turgeon Consulting Service, Inc., formerly known as Koers Consulting Service,
Inc., who is personally known to me to be the same person who executed the above and foregoing
instrument of writing on behalf of the corporation 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.
~ SUSAN EBERWEIN
NOTARYPUBUC
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Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
Exhibit B
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BENNffi, CAROL'rN TRUST
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1/4 SEC 19-114W-RANGE 2W
lEGAL ~
A PARCEl.. OF lAND LOCA TÈÒ IN THE aTY OF SAUNA. KANSAS. DESCRIBED AS FOlOWS:
BEGINNING AT A POINT 330' NORTH AND 518.22' Yr£ST OF THE SOUTHEAST CORNER
OF lHE NORTHEAST QUARlffi OF SECTION 19, TOVtNSHIP 14 SOUlH, - RANGE lWO YÆ:ST
OF lHE SIXTH PRINaPAL MERIDIAN; lHENCE SOUlH 200'; lHENCE YÆ:ST 20'; lHENCE
NoRTH 200', THENCE EAST 20' TO lHE POINT OF BEGINNING; SAID mACT CONTAINS
4000 SQUARE FEET. MORE OR LESS. '
Exhibit A