NE4-SE4-8-T14S-R2W
Misc. Bk ~iJ
Pg gO1
PERMANENT EASEMENT
TIllS INDENTURE, made this :.2 t-w.... day Of~ ' 1992, by and between
DONAID L. DAINS and RUTH M. DAINs, husband!an . e, (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, more particularly described on Exhibits A and B attached to this
Permanent Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of installing, repairing, replacing, and
maintaining public utilities in perpetuity.
COVENANT: The consideration paid by the City to the Grantor for this Permanent
Easement included compensation fer loss of existing or future crops required during the
installation of public utilities in the Permanent Easement. The City covenants that in future
years following the installation of public utilities in the Permanent Easement it will
compensate the record owner of the real estate to which this Permanent Easement applies
for any loss of crops located in the Permanent Easement resulting from future maintenance
of the City's utility lines.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
~day of ~, 1992.
srAtt';'¿SA9 1... (~i) ~ ' ,', Ú '
COUNTY OF SALINE S '. /,' "
LED FOR RECORD IN MY. OFFICE , t. ¡¿ £';'f?, ~-,-~
FI AT Donald L. Dams
ON. NOV - 9 1992
f,'Ml n'CLOCJ:.-M. A~. L Y RECORDED 7 ~/) ,~ L;?¡Î / '
u.&.U T PAGE.£CI ' <' I / I
\.fy/~~ REG. OF DEEOS go1 Ruth ~Dains
STATE OF SAS, SALINE COUNTY, ss:
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!a~>?é<Þ
BE IT REMEMBERED, that on this '}öt)¡... day of 1el'1l; , 1992, before me, the
undersigned, a notary public in and for the county and sta e a resaid, came Donald L.
Dains and Ruth M. Dains, 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.
M"""","~"""""."""-"",, "="'~
.,. jPcMES, ...ooiÑij
NOT,t\!'ty PUBLIC
STATE OF KANSAS
MV ........ ""~'. 2.;;3,J,:.!I. '
[A real estate sales validation
1437e(a)(13)]
q~ ,><JMi~vQ
" ,/, Notary Public
questionnaire is not required pursuant to K.S.A. 79-
¡
Mise. Bk /~ pg.i.lf:
CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of easements by the Mortgagors
to the City of Salina, Kansas (the "City"), as follows:
1. The name of the Mortgagors are Donald L. Dains and Ruth M. Dains,
husband and wife.
2. The name of the Mortgagee is North Kan~ Savings Association of Beloit,
Kansas, assigned to Mid-Continent Federal Savings and Loan Association.
3. A Mortgage dated July 25, 1973 was recorded July 31, 1973 at Book 290 of
Mortgages, pages 181-182 of the records of the Register of Deeds of Saline County, Kansas.
4.
Mortgagors intend to convey to the City
A a permanent easement (the "Easement") for the purposes of installing,
repairing, replacing and maintaining public utilities in perpetuity;
B. a temporary easement (the "Easement") for the purposes of material
and equipment storage, excavation, and any other use necessary in conjunction
with the installation of the interceptor sewer line, for a term of eighteen (18)
months commencing with the date of this indenture.
Said and permanent and temporary easements are more particularly described on the
Engineering Drawings attached as Exhibits A-C to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
+~
Dated this ~ day of 1'lOveMheí, 1992.
STATE OF KANSÞS } 55. ( tI "\
COUNTY OF SALINE )
FILED FOR RECORD IN MY OFFICE
ON NO'\! 1 B 1992 AT
3: 3~orCLOCK.EM,' ANODU,LYRECORDE~- r9):./
~~~~~~M~GEJ IY Robert C. Twker
L.../J. EG OF D. EO" Asst. Vice President
5¡- STA -'~/t~i~~NfYOF Butler 55:
Mid-Continent
Association
Federal
Savings
and
Loan
byLD-c.
~L
BE IT REMEMBERED, that on this --u~ay of November, 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
-1-
AGREEMENT
This Agreement is made this .2 ~ day Of:~ ' 1992, by and between
DONAID L. DAINS and RUTH M. DAINS, husbaDd d wife, hereinafter referred to
as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation,
hereinafter referred to as the "City."
RECITALS
1. The City, in conjunction with the Interceptor Sewer improvement project,
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 installing, repairing,
replacing, and maintaining public utilities in perpetuity, hereinafter referred to as the
"permanent easement".
2. The City, also in conjunction with the Interceptor Sewer improvement
project, wishes to acquire from the Grantor a temporary easement for a period of
eighteen (18) months in, through, over and across a certain portion of land owned by the
Grantor for purposes of material and equipment storage, excavation, and any other use
necessary in conjunction with the installation of the interceptor sewer line.
3. It is the desire of the Grantor to convey the permanent and temporary
easements 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 and temporary easements in, through, over, and across real estate
owned by the Grantor more particularly described on the Engineering Drawings attached
as Exhibits A-C, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Four Hundred Ninety-six and 05/100 Dollars ($496.05) for the permanent and
temporary easements, consisting of the following:
1.
Permanent Easement
(.568 acres at $225 per acre)
$127.80
2.
Temporary Easement
(.204 acres at $187.50 per acre)
38.25
3.
Damages to remaining property
(Loss of crop $130; reseeding $200)
330.00
Total Compensation
$496.05
C. Permanent and Temporary Easement Documents. The Grantor agrees
that the permanent and temporary easements shall be conveyed to the City by Grantor's
execution and delivery to the City of a Permanent Easement document identical to the
copy attached as Exhibit D to this Agreement, and a Temporary Easement document
identical to the copy attached as Exhibit E to this Agreement. The Permanent and
Temporary Easement Documents 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 a Mortgage in favor of
North Kansas Savings Association of Beloit, Kansas, dated July 28, 1973, recorded July
31, 1973 in Mortgage Book 290, page 187 of the office of the Register of Deeds, Saline
County, Kansas.
E. Consent to Easement. In those cases where the perManent and temporary
easements described in paragraph (A) are subject to mortgage or other liens or
encumbrances, the Grantor shall at closing deliver to the City a duly executed and
acknowledged consent to the easement executed and acknowledged by a duly authorized
representative of the lienholder. Any consent to easement 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
At closing the Grantor shall:
G~ßr -f .2-0, f rP2-
1. deliver to the City the fully executed and acknowledged Permanent
and Temporary Easement Documents,
2. deliver to the City any necessary consent to easement
documenta tion,
3. provide the City with any other necessary info:rmation such as
Grantor's current mailing address and social security numbers,
at which time the City shall pay Grantor the total compensation set forth in paragraph
(B) above.
-2-
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 heirs, executors, administrators, and assigns of the parties
hereto.
IN WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
I¡;~~j ~(ì # ~~ ~,
Donald L. Dains
Social Sec. No.,'¿-(1 9', ?9....ié3¿oCJ
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Ruth. Dains
Social Sec. No. T / 5 3 t I;¿ '7£--1
CITY OF SALINA, KANSAS
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IIIIIII BUCHER, WilliS & RATLIFF
11'1'1.... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 17
Permanent Easement
Owner: Donald L & Ruth M. Dains
A tract of land located In the Northeast Quarter (NEy.) of the Southeast Quarter (SEY4) of
Section Eight (8), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal
Meridian in Saline County Kansas, being more particularly described as follows:
Commencing at the Northeast comer of said SEy.; thence S 0° 03' 228 W along the East
line of said SEy. a distance of 486.07 feet to the POINT OF BEGINNING; thence N 45° 10' 068
W a distance of 180.66 feet; thence N 44° 35' 198 W a distance of 467.31 feet to the South
Right-Of-Way line of North Street; thence S 89° 15' 368 W along said Right-Of-Way line a
distance of 55.26 feet to the intersection of the South Right-Of-Way line of North Street and the
East Right-Of-Way line of the Union Pacific Railroad; thence S 45° 13' 198 E along said
Railroad Right-Of-Way a distance of 720.42 feet to the East line of said SEy.; thence N 0° 03'
228 E along the East line of said SEy. a distance of 47.98 feet to the POINT OF BEGINNING.
The above described tract contains .568 saes more or less.
TRACT NO. 17A
Temporary Construction. Easement
Owner:
Donald L & Ruth M. Dains
A tract of land located In the Northeast Quarter (NEY4) of the Southeast Quarter (SEy.) of
Section Eight (8), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal
Meridian In Saline County, Kansas, being more partIcularly described as follows:
Commencing at the Northeast comer of said SEy.; thence S 0° 03' 228 W along the East
line of said SEy. a distance of 464.94 feet to the POINT OF BEGINNING; thence N 45° 10' 068
W a distance of 165.70 feet; thence N 44° 35' 198 W a distance of 452.83 feet to the South
Right-Of-Way line of North Street, thence S 89° 15' 368 W along said Right-Of-Way line a
distance of 76.06 feet to the Intersection of the South Right-of-Way line of North Street and the
East Right-Of-Way line of the Union Pacific Railroad; thence S 45° 13' 198 E along said
Railroad Right-Of-Way a distance of 720.42 feet to the East line of said SEy.; thence N 0° 03'
228 E along the East line of saldSE1A a distance of 69.11 feet to the POINT OF BEGINNING,
less Tract #17 and less road Right-Of-Way.
The above described tract contains .204 saes more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 17
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LEGEND ~I
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Section Comer
- - - Road Right-of-Way
I Permanent Easement
EXHIBIT B
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 17 A
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LEGEND
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POINT OF
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EXHIBIT C
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
DONAID L. DAINS and RUTH M. DAINs, husband and wife, (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, more particularly described on Exhibits A and B attached to this
Permanent Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of installing, repairing, replacing, and
maintaining public utilities in perpetuity.
COVENANT: The consideration paid by the City to the Grantor for this Permanent
Easement included compensation for loss of existing or future crops required during the
installation of public utilities in the Permanent Easement. The City covenants that in future
years following the installation of public utilities in the Permanent Easement it will
compensate the record owner of the real estate to which this Permanent Easement applies
for any loss of crops located in the Permanent Easement resulting from future maintenance
of the City's utility lines.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
Donald L. Dains
Ruth M. Dains
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Donald L.
Dains and Ruth M. Dains, 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.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
Exhibit D
1811111 BUCHER, WILLIS & RATLIFF
18'1'1..... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 17
Pennanent Easement
Owner: Donald L & Ruth M. Dains
A tract of land located In the Northeast Quarter (NEV4) of the Southeast Quarter (SE1A) of
Section Eight (8), Township Fourteen South (14S), Range Two West (2W) of the Sixth Prindpal
Meridian In Saline County Kansas, being more parUcularly desaibed as follows:
Commencing at the Northeast comer of said SE1A; thence S 0° 03' 22- W along the East
line of said SEV4 a distance of 486.07 feet to the POINT OF BEGINNING; thence N 45° 10' 068
W a distance of 180.66 feet; thence N 44° 35' 198 W a distance of 467.31 feet to the South
Right-Of-Way line of North Street; thence S 89° 15' 368 W along said Right-Of-Way line a
distance of 55.26 feet to the intersection of the South Right-Of-Way line of North Street and the
East Right-Of-Way line of the Union Pacific Railroad; thence S 45° 13' 198 E along said
Railroad Right-of-Way a distance of 720.42 feet to the East line of said SE~; thence N 0° 03'
228 E along the East line of said SE1A a distance of 47.98 feet to the POINT OF BEGINNING.
The above described tract contains .568 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 17
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NE Cor. of
SE, 4 Sec. 8
T1 4S R2W
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LEGEND
6.
Section Comer
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- - - Road Right-af-Way
I Permanent Easement
EXHIBIT B
TEMPORARY EASEMENT
THIS INDENTURE, made this - day of ,1992 by and
between DONAID L. DAINS and RUTH M. DAINs, husband and wife, (the
"Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSETH: The Grantor for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and
convey unto the City, a temporary easement in, through, over, and across a certain
portion of land owned by the Grantor, more particularly described on Exhibits A and B
attached to this Temporary Easement, for all rights of ingress and egress of the City, its
servants, officers, employees, contractors, and franchisees, for purposes of material and
equipment storage, excavation, and any other use necessary in conjunction with the
installation of the interceptor sewer line, for a term of eighteen (18) months commencing
with the date of this indenture.
IN WITNESS WHEREOF, the Grantor have signed this Temporary Easement
this - day of , 1992.
Donald L. Dains
Ruth M. Dains
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Donald L.
Dains and Ruth M. Dains, 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.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
Exhibit E
1811111 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 17 A
Temporary Construction,. Easement
Owner:
Donald L & Ruth M. Dains
A tract of land located In the Northeast Quarter (NE1A) of the Southeast Quarter (SE1A) of
Section 8ght (8), Township Fourteen South (14S), Range Two West (2W) of the Sixth Prfndpal
Meridian In Saline County, Kansas, being more partIcularly described as follows:
Commencing at the Northeast comer of said SEV4; thence S 0° 03' 228 W along the East
line of said SE1A a distance of 464.94 feet to the POINT OF BEGINNING; thence N 45° 10' 068
W a distance of 165.70 feet; thence N 44° 35' 198 W a distance of 452.83 feet to the South
Right-Of-Way line of North Street, thence S 89° 15' 368 W along said Right-Of-Way line a
distance of 76.06 feet to the Intersection of the South Right-of-Way line of North Street and the
East Right-Of-Way line of the Union Pacific Railroad; thence S 45° 13' 198 E along said
Railroad Right-of-Way a distance of 720.42 feet to the East line of said SE1A; thence N 0° 03'
228 E along the East line of said SetA a distance of 69.11 feet to the POINT OF BEGINNING,
less Tract #17 and less road Right-Of-Way.
The above described tract contains .204 aaes more or less.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 17 A
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NE Cor. ot
SE1 4 Sec. 8
T1 4S R2W
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LEGEND
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Section Corner
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- - - Road Right-at-Way
V / / / J ~~~:~~~7 Construction
Exhibit B