NW4-23-T14S-R3W
STATEOFKANSAS l c...- to. I FILED FOR RECORD
COUNTYOFSALlNEJ 55. 1\1 IN MVOFFICEAT
I!." DC AND DULY
:~~~I; K JUN ? 7 1996 RECORDED
VOL . ATPAGd¡f::b-Úd3
REG. OF DEEI)$
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NT AND GRANT OF ACCESS RIGHTS
THIS INDENTURE, made this 30THday of May, 1996, by and between CHARLES D.
BOSTER AND NITA MARIE BOSTER, TRUSTEES OF THE REVOCABLE INTER VIVOS
TRUST OF CHARLES D. BOSTER DATED SEPTEMBER 8,1982, (the "Grantor"), and the
CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantor for a good and valuable consideration, the receipt and
sufficiency of which is 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 in the Certificate of Engineer attached and incorporated herein, for all
rights of ingress and egress of the City, its officers, employees, and contractors, for the purpose of
constructing and maintaining a sanitary sewer system pump station, in perpetuity (the "Permanent
Easement").
In conjunction with this grant of permanent easement, the Grantor also grants to the City and
its officers, employees, and contractors the right of reasonable access to the sanitary sewer system
pump station to be constructed on the Permanent Easement via the driveways to Grantor's property
from both Crawford Street and Plaza Drive.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this h day
of May, 1996.
CHARLES D. BOSTER REVOCABLE INTER
VIVOS TRUST DATED SEPTEMBER 8, 1982
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By:
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ..3OTH. day of May, 1996, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Charles Boster and Nita Marie Boster,
Trustees of the Revocable Inter Vivos Trust of Charles D. Boster dated September 8 1982, who are
personally known to me to be the same persons who executed the above and foregoing instrument of
writing on behalf of the trust and duly acknowledged the execution of the same for the purposes
therein stated.
M~'IC. B~ / I.A3 Pg ~
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
~¿ KELL. Y SUENRAM
NOTARY PU8LIC
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(j Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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CONSENT TO EASEMENT AND GRANT OF ACCESS RIGHTS
The undersigned Mortgagee, consents to the grant of an easement by the Mortgagor to the
City of Salina, Kansas (the "City"), as follows:
1. The name of the Mortgagor is Charles D. Boster and Nita Marie Boster, Trustees of
the Charles D. Boster Revocable Inter Vivos Trust dated September 8 1982.
2.
The name of the Mortgagee is First Bank Kansas.
3. The Mortgage dated MAY 23. 199Was recorded 3;30 PX at Book
Mortgages, pages 781- of the records of the Register of Deeds for Saline County, Kansas.
784
4. Mortgagor intends to convey to the City a permanent easement (the "Permanent
Easement") in, through, over, and across a certain portion of land owned by the Grantor, more legally
described in the Certificate of Engineer attached and incorporated herein, for all rights of ingress and
egress of the City, its officers, employees, and contractors, for the purpose of constructing and
maintaining a sanitary sewer system pump station, in perpetuity, along with rights of access from the
adjacent public streets to the sanitary sewer system pump station to be constructed on the Permanent
Easement.
527 of
5. This Consent to Easement and Grant of Access Rights shall not affect the mortgage
lien as it applies to the property described in the Mortgage.
Dated this 30TH day of May, 1996.
By
EXECUTIVE VICE PRESIDENT
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this30THday of May, 1996, before me, the undersigned, a
notary public in and for the county and state aforesaid, came THOMAS J. RUNYON. EXECUTIVE
VICE PRESIDENT of First Bank Kansas, who is personally known to me to be the same person
who executed the foregoing Consent to Easement and Grant of Access Rights on behalf of said
corporation, and said person duly acknowledged the execution of the same as the act of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year last above written.
¿KELLY. SU,ENRAM
NOTARY PU8LIC
STATE o,'\'1MMa
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AGREEMENT
This Agreement is made thi&~y of May, 1996, by and between CHARLES D. BOSTER
AND NITA MARIE BOSTER, TRUSTEES OF THE REVOCABLE INTER VIVOS TRUST
OF CHARLES D. BOSTER DATED SEPTEMBER 8, 1982, (the "Grantor"), and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
1. The City, wishes to acquire from the Grantor a permanent easement in, through, over,
and across a certain portion of land owned by the Grantor for the purpose of constructing and
maintaining a sanitary sewer system pump station in perpetuity (the "Permanent Easement"), along
with rights of access from the adjacent public streets to the sanitary sewer system pump station to be
constructed on the Permanent Easement.
2. It is the desire of the Grantor to convey the permanent easement and access rights 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:
A. Description. The interest to be conveyed by the Grantor to the City shall be public
permanent easement in, through, over, and across real estate owned by the Grantor more particularly
described in the Certificate of Engineer attached to this Agreement, along with rights of access from
the adjacent public streets to the sanitary sewer system pump station to be constructed on the
Permanent Easement.
B. Compensation. The City agrees to pay the Grantor upon closing the total sum of
Twenty Thousand Dollars ($20,000) for the Permanent Easement and rights of access.
C. Permanent Easement Documents. The Grantor agrees that the Permanent Easement
and rights of access shall be conveyed to the City by Grantor's execution and delivery to the City of a
Permanent Easement and Grant of Access Rights document identical to the copy attached to this
Agreement. The document shall be recorded by the City with the office of the Saline County
Register of Deeds, at the City's expense.
D. Covenant of Title. Grantor covenants that Grantor is the lawful owner of the real
estate described in paragraph (A) above and that the real estate is not subject to any contract for sale
or other liens and encumbrances except the first mortgage of First Bank Kansas.
E. Consent to Easement. The Grantor shall at closing deliver to the City a duly executed
and acknowledged Consent to Permanent Easement executed and acknowledged by a duly authorized
representative of First Bank Kansas. The Consent shall be recorded by the City with the office of the
Saline County Register of Deeds, at the City's expense. .
.
F.
Closing. Closing shall take place on or before June 7, 1996. At closing the Grantor
shall:
1. deliver to the City the fully executed and acknowledged Permanent
Easement and Grant of Access Rights document,
2.
deliver to the City the Consent to Permanent Easement documentation,
3. provide the City with any other necessary information such as Grantor's
current mailing address and tax identification number,
at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above.
G. Nonassignable. Grantor's rights under this Agreement shall not be assigned without
the prior written consent of the City.
H. 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.
CHARLES D. BOSTER REVOCABLE INTER
VIVOS TRUST DATED SEPTEMBER 8, 1982
By
By
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11~1¡, !Vkx/U-v &;tuu
Nita Marie Boster, Trustee
Tax ill No.
509-34-6222
CITY OF SALINA, KANSAS
By
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Certificate of Engineer
'96 filAR 1 Y PfIl Y 58
FILED
CITY OF SALINA, KS
~ CITY CLERK'S OFFICE
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~ Donald E. Hoff; P. E.. City Engineer of the City of Salina. Kansas, hereby certifY that pursuant to
Resolution No. 96-4985 adopted by the Board of Commissioners of Salina, Kansas, on February 26,
1996, I made a survey and description of the land necessary to be acquired by the City ofSaIina for
the purpose of constructing a sanitaIy sewer pump station facility and that the following tract of land
is necessary for said improvements:
Pennanent Easement
A tract ofland located in the Northwest Quarter (NW 1/4) of Section Twenty-three (23), Township
Fourteen (14) South, Range Three (3) west of the Sixth Principal Meridian in the City ofSaIina,
Saline County. Kansas, more particularly descñbed as follows:
Beginning at a point wlüch is the intersection of the south right-of-way line of Crawford
Street and the east right of way line of Plaza Drive, said point being forty feet (40') south
of and one hundred fifty feet (150') west of the Northeast comer of said Northwest
Quarter (NW 1/4);
Thence East along the south R/W of Crawford Street, a distance of sixty feet (60t);
Thence South, parallel with the East line of Plaza Drive, a distance of sixty feet (60');
Thence We,st, parallel with the south line of Crawford Street a distance of sixty feet (60')
to a point on the east R/W of Plaza Drive; .
Thence North along the east R/W line of Plaza Drive, a distance of sixty feet (601) back to
the Point of Beg inning,
The above described tract orland contains 3600 square feet, more or less, (See Exhibit "A")
Dated at Salina, Kansas, this / cf-~ Day of March, 1996.
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Crawford Sf.-
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EXHIBIT "A"
N.E. Corner.
N. W. 1/4
Sec.23 T.14S.
R.3W.
150'
Permanent
Easement
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Scale: 1" = 50
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PERMANENT EASEMENT AND GRANT OF ACCESS RIGHTS
THIS INDENTURE, made thi&.30 Tfay of May, 1996, by and between CHARLES D.
BOSTER AND NITA MARIE BOSTER, TRUSTEES OF THE REVOCABLE INTER VIVOS
TRUST OF CHARLES D. BOSTER DATED SEPTEMBER 8,1982, (the II Grantor"), and the
CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantor for a good and valuable consideration, the receipt and
sufficiency of which is 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 in the Certificate of Engineer attached and incorporated herein, for all
rights of ingress and egress of the City, its officers, employees, and contractors, for the purpose of
constructing and maintaining a sanitary sewer system pump station, in perpetuity (the "Permanent
Easement").
In conjunction with this grant of permanent easement, the Grantor also grants to the City and
its officers, employees, and contractors the right of reasonable access to the sanitary sewer system
pump station to be constructed on the Permanent Easement via the driveways to Grantor's property
from both Crawford Street and Plaza Drive.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this :3 0 day
of May, 1996.
CHARLES D. BOSTER REVOCABLE INTER
VIVOS TRUST DATED SEPTEMBER 8, 1982
By:
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Charles Boster, Trustee
By:
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Nl Mane Boster, Trustee
STATE OF KANSAS, SALINE COUNTY, ss:
'To#-
BE IT REMEMBERED, that on this ~ day of May, 1996, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Charles Boster and Nita Marie Boster,
Trustees of the Revocable Inter Vivos Trust of Charles D. Boster dated September 8 1982, who are
personally known to me to be the same persons who executed the above and foregoing instrument of
writing on behalf of the trust and duly acknowledged the execution of the same for the purposes
therein stated.
, ;
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
KELLY SUENRAM
¿NOTARY P.U LIC
!HATIŒ ¡¡ AS
, III MyAppt....P.
K.-w 'õ )t\ù L ft aJ'1\.-
I" Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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Certificate of Engineer
'96 rlAR 1 Y Prl Y 58,
CITY OF SAUNA, KS
~ CITY CLERK'S OFFICE
FILED
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1, Donald E. HoB:: P. E.. City Engineer of the City of Salina, Kansas. hereby certify that pursuant to
Resolution No. 96-4985 adopted by the Board of Commissioners of Salina, Kansas. on February 26,
1996. r made a survey and description of the land necessary to be acquired by the City of Salina for
the purpose of constructing a sanfuuy sewec pump station facility and that the following tract ofland
is necessary for said improvements:
Pennanent Easement
. A tract ofland located in the Northwest Quarter (NW l/4) of Section Twenty-three (23). Township
Fourteen (14) South. Range Three (3) west of the Sixth Principal Meridian in the City of Salina,
Saline County, Kansas. more particularly described as follows:
Beginning at a point which is the intecsection of the south right-of-way line of Crawford
Street and the east ñght of way line of Plaza Drive. said point being forty feet (40') south
of and one hundred fifty feet (150') west of the Northeast comer of said Northwest
Quarter (NW 1/4);
Thence East along the south RIW of Crawford Street, a distance of sixty feet (60');
Thence South. parallel with the East line of Plaza Drive. a distance of sixty feet (60');
.-
Thence W~s~ parallel with the south line of Crawford Street a distance of sixty feet (60')
to a point on the east RIW of Plaza Drive; -,
Thence North along the east RIW line of Plaza Drive, a distance of sixty feet (60') back to
the Point of Beginning.
The above described tract ofland contains 3600 square feet. more or less. (See Exhibit "A")
Dated at Salina, Kansas, this /-1-~ Day of March, 1996.
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Donald E. Hoff, P. E.
City Engineer
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EXHIBIT uAu
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N.E. Corner.
N.W. 1/4
Sec.23 T.14S.
R.3W.
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Crawford St.-
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150'
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Permanent
Easement
CITY OF
SALINA, KANSAS
City Attorney
Greg A. Bengtson
(913) 823-6325
129 South 8th
P.O. Box 380
Salina, KS 67402-0380
June 26, 1996
Hand-delivered
Judy D. Long
City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-0736
Re:
Acquisition of permanent easement from
Revocable Inter Vivos Trust of Charles D. Boster
for sanitary sewer system pump station
Dear Judy:
Enclosed are the following items:
1. Fully executed original of Agreement between the City and Charles D. Boster and
Nita Marie Boster, Trustees of the Revocable Inter Vivos Trust of Charles D. Boster (for
safekeeping) .
2. Original Permanent Easement and Grant of Access Rights executed by Charles D.
Boster and Nita Marie Boster, Trustees of the Revocable Inter Vivos Trust of Charles D. Boster
(for recording and safekeeping).
3. Consent to Easement and Grant of Access Rights executed by Thomas 1. Runyon
on behalf of First Bank Kansas (for recording and safekeeping).
Judy D. Long
June 26, 1996
Page 2
Please present the Permanent Easement and the Consent to Easement for recording by the Saline
County Register of Deeds in that order.
Please let me know if you have any questions. Thank you.
cc.
Don Hoff, Director, Engineering & Utilities