NE4-SE4-8-T14S-R2W (2)
Misc. Bk 1..s.J
Pr tj/) /
PERMANENT EASEMENT
TIllS INDENTURE, made this ] va day of £t.W~, , 1992, by and between
BETHANY COUEGE, a Kansas non-profit corporation the-- Grantor"), and the CITY OF
SALINA, KANSAS, a municipal corporation (the "City").
wrrNESSETII: 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 wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this
2 ¥~day of C'y12-1- ' 1992.
STATE OF KANSAS'} ( 1/)
COUNTY OF SALINE 55. ~ ~ /
filED FOR RECORD IN MY OFFICE. BETHANY COLLEGE
ON SEP 2 4 1992 AT ¿/
í.'()rLO,'ClOC~MA~.UlYRECORDED BY:~ ,'----;f. ~
'-1 VO~ 1-9~ O~T PAGElio/-iÓ!> II L. Allen
~;~~' OF ~~~, OF~Al/ NE- COUNTY, ss:
BE IT REMEMBERED, that on this Q Y 6Rday of ~{- , 1992, before me, the
un~, igned, a notary public in and for the county~ate aforesaid, came
,- L- (., ,--. A 1..-(1 ~ , --r1<iAd u Þ I! ~ of Bethany
College, who is personally known to me to be the same pèrson who executed the above and
foregoing instrument of writing and duly acknowledged the execution of the same on behalf
of the corporation.
IN wrrNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
~,r"=""', ""',',s"-;;ÊŠŠWÊÒÛJM)1
~ -,~ ,..: \ ()TARY PU9LIC- I
.;.~ STATf or: I(AN~A.C:; ~
'v"",,'y ",-,., , 3" :;]&,-9,5 :',
[A real estate sales validation questionnaire
1437e(a)(13)]
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is not required pursuant to K.S.A. 79-
AGREEMENT
This Agreement is made this ..J V{;-t.- day Of~i'tt ' 1992, by and between
BETHANY COUEGE, a Kansas non-profit corpora on, ere in after referred to as the
"Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter
referred to as the "City."
RECIT AI.S
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 Three Hundred Eighteen and 30/100 Dollars ($318.30) for the permanent and
temporary easements, consisting of the following:
1.
Permanent Easement
(.555 acres at $180 per acre)
$ 99.90
2.
Temporary Easement
(.516 acres at $150 per acre)
77.40
3.
Damages to remaining property
(reduced utility for loss of crop)
141.00
Total Compensation
$318.30
C. Permanent and Temporal)' 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: None.
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 ~~ :) ~I / qC(L
At closing the Grantor shall: f
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
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.
-2-
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 wrrNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
BETHANY COLLEGE
,/ ~
By . . <Zf;
y r12 lð ~^
-tax ID No. ~f - O.J'y j 7:5 1.(
CITY OF SALINA, KANSAS
By .
Dennis M. Kissinge ,
City Manager
-3-
1811111 BUCHER, WilliS & RATLIFF
18'1'1.... ENGINEERS I PLANNERS I ARCHITECTS
TRACT NO. 20
Permanent Easement
Owner:
Bethany College
A tract of land located in the Northeast Quarter of the Southeast Quarter (NEV4-SEV4) of
Section Eight (8), Township Fourteen (14) South, Range Two (2) West of the Sixth (6th)
Principal Meridian, In Saline County, Kansas; being more particularly described as follows:
Commencing at the Northwest comer of the Southeast Quarter of said Section; thence N
89° 15' 36w E along the North line of said Quarter Section a distance of 1309.02 feet; thence
S 0° 02' 46w W a distance of 39.06 feet to the POINT OF BEGINNING; thence N 89° 35' 54W
E a distance of 583.34 feet; thence N 0° 44' 24w W a distance of 22.50 feet to the South
Right-Of-Way line of North Street; thence N 89° 15' 36w E along the South Right-Of-Way line
of North Street a distance of 73.85 feet to the West Right-Of-Way line of the Union Pacific
Railroad; thence S 45° 13' 19w E along the West Right-Of-Way line of the Union Pacific Railroad
a distance of 27.49 feet; thence S 0° 03' 20. W a distance of 83.00 feet; thence N 58° 02' 58w
W a distance of 92.61 feet; thence S 89° 35' 54w W a distance of 597.77 feet; thence N 0° 02'
46W E a distance of 30.00 feet to the POINT OF BEGINNING.
The Sbove described tract contains .555 aaes more or less.
TRACT NO. 20A
Temporary Construction Easement
Owner.
Bethany College
A tract of land located In the Northeast Quarter of the Southeast Quarter (NEVc-SE1A) of
Section EIght (8), Township Fourteen (14) South, Range Two (2) West of the SIxth (6th)
Principal Meridian, In Saline County, Kansas; being more particularty described as follows:
Commencing at the Northwest comer of the Southeast Quarter of said Section; thence N
89° 15' 36w E along the North line of said Quarter Section a distance of 1309.02 feet; thence
S 0° 02' 46. W a distance of 20.00 feet to the South fine of North Street Right-Of-Way and the
POINT OF BEGINNING; thence N 89° 15' 36. E along said South line of Right-Of-Way a
distance of 656.92 feet to the West Right-Of-Way line of the Union Pacific Railroad; thence S
45° 13' 19w, E along the West Right-Of-Way line of the Union Pacific Railroad a distance of
27.49 feet; thence S 0° 03' 20w W a distance of 100.67 feet; thence N 58° 02' 58. W a distance
of 97.59 feet; thence S 89° 35' 54W W a distance of 593.54 feet; thence N 0° 02' 46. E a
distance of 64.06 feet to the POINT OF BEGINNING, less Tract #20.
The above described tract contains .516 aaes more or less.
EXHIBIT A
. .
PERMANENT EASEMENT
Tract No. 20
N
'"
POINT OF BEGINNING
39.06'
S (j 02' 4E> W
22.50'
N a 44' 2~ W
'"
~
~
'" 27.49'
S 4S 1 3' 1 9" E
""
~
""
Scale: 1" =1 00'
1309.02'
N 89' 15' 3
E
---
- -
NORTH STREET
- -
-----
583.34'
89" 35' 5~ E
597.77'
S 89" 35' 5'¡: W
'"
30.00'
N a 02' 4Õ E
92.61 '
N 58" 02' 58" W
NW Cor. of
SE1 4 Sec. 8
T1 4S R2W
LEGEND
.6
Section Comer
- - - Road Right-of-Way
I Permanent Easement
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 20A
N
'"
~
'"
~
Scale: 1" =100'
1309.02'
N 89' 15' 3
E
'" 27.49'
S 4S- 13' 19'" E
""
~
20.00'
S Q" 02' 46" W
------
- -
'"
64.06'
N (j 02' 46'" E
97.59'
N 58" 02' 58" W
NW Cor. ot
SE1 4 Sec. 8
r1 4S R2W
LEGEND
6.
Section Comer
- - - Road Right-at-Way
V / / / ~ ~~~~~~7 Construction
EXHIBIT C
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
BETHANY COUEGE, a Kansas non-profit corporation (the "Grantor"), and the CITY OF
SALINA, KANSAS, a municipal corporation (the "City").
WITNESSEfH: 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.
BETHANY COLLEGE
By:
STATE OF KANSAS,
COUNTY, s~:
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
, of Bethany
College, who is personally known to me to be the same person who executed the above and
foregoing instrument of writing and duly acknowledged the execution of the same on behalf
of the corporation.
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 KS.A. 79-
1437e(a)(13)]
Exhibit D
'.
III1III BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS. ARCHITECTS
TRACT NO. 20
Permanent Easement
Owner:
Bethany College
A tract of land located in the Northeast Quarter of the Southeast Quarter (NEV4-SE1h) of
Section Eight (8), Township Fourteen (14) South, Range Two (2) West of the Sixth (6th)
Principal Meridian, In Saline County, Kansas; being more partlcularty described as follows:
Commencing at the Northwest comer of the Southeast Quarter of said Section; thence N
89° 15' 36- E along the North line of said Quarter Section a distance of 1309.02 feet; thence
S 0° 02' 46- W a distance of 39.06 feet to the POINT OF BEGINNING; thence N 89° 35' 54-
E a distance of 583.34 feet; thence N 0° 44' 24- W a distance of 22.50 feet to the South
Right-Of-Way line of North Street; thence N 89° 15' 36- E along the South Right-of-Way tine
of North Street a distance of 73.85 feet to the West Right-Of-Way line of the Union Pacific
Railroad; thence S 45° 13' 19- E along the West Right-Of-Way line of the Union Pacific Railroad
a distance of 27.49 feet; thence S 0° 03' 20- W a distance of 83.00 feet; thence N 58° 02' 58-
W a distance of 92.61 feet; thence S 89° 35' 54- W a distance of 597.77 feet; thence N 0° 02'
46- E a distance of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .555 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 20
N
'"
""
Scale: 1"=100'
""
""
""
1309.02'
N 89. 15' 3
E
v.
~O
~
"" ~C}~
i'
73.85' "" ~~
N 89" 15' 3õ E "" ~O
22.50'
N (j 44' 2~ W
30.00'
N (j 02' 46" E
92.61'
N 58" 02' 58" W
'" 27.49'
S 4S 13' 19" E
""
POINT OF BEGINNING
39.06'
S (J' 02' 46" W
---
- -
NORTH STREET
- -
-----
583.34'
89" 35' 5~ E
. 597.77'
S 89" 35' 5~ W
""
NW Cor. ot
SE1 4 Sec. 8
T1 4S R2W
LEGEND
6
Section Comer
- - - Rood Right-ot-Way
I Permanent Easement
EXHIBIT B
TEMPORARY EASEMENT
TIllS INDENfURE, made this - day of ,1992 by and
between BETIIANY COUEGE, a Kansas non-profit corporation (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETII: 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 wrrNESS WHEREOF, the Grantor has signed this Temporary Easement this
- day of , 1992.
BETHANY COLLEGE
By
STATE OF KANSAS,
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
, of Bethany
College, who is personally known to me to be the same person who executed the above
and foregoing instrument of writing and duly acknowledged the execution of the same on
behalf of the corporation.
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
'~
IIIIIII BUCHER, WilliS & RAJllFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 20A
Temporary Construdion Easement
Owner.
Bethany College
A trad of land located In the Northeast Quarter of the Southeast Quarter (NE1A-SE1.4) of
Section EIght (8), Township Fourteen (14) South, Range Two (2) West of the Sixth (6th)
Principal Meridian, In Saline County, Kansas; being more particularty described as follows:
Commencing at the Northwest comer of the Southeast Quarter of said Section; thence N
89° 15' 36- E along the North line of said Quarter Section a distance of 1309.02 feet; thence
S 0° 02' 46- W a distance of 20.00 feet to the South line of North Street Right-Of-Way and the
POINT OF BEGINNING; thence N 89° 15' 36- E along said South line of Right-Of-Way a
distance of 656.92 feet to the West Right-Of-Way line of the Union Pacific Railroad; thence S
45° 13' 19- E along the West Right-Of-Way line of the Union Pacific Railroad a distance of
27.49 feet; thence S 0° 03' 20- W a distance of 100.67 feet; thence N 58° 02' 58" W a distance
of 97.59 feet; thence S 89° 35' 54- W a distance of 593.54 feet; thence N 0° 02' 46- E a
distance 01 64.06 feet to the POINT OF BEGINNING, less Trad #20.
The above described tract contains .516 acres more or less.
EXHIBIT A
-.
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 20A
N
'"
~
~
20.00'
S O' 02' 46'" W
~
~O
~
~ ~C}Á'.
:v
~'\
~~%
~
---------
-~
""
~
Scale: 1" =1 00'
1309.02'
N 89' 15' 3
E
- -
""
64.06'
N cr 02' 46'" E
97.59'
N sse 02' 58" W
NW Cor. of
SE1 4 Sec. 8
r14S R2W
LEGEND
6
Section Comer
- - - Road Right-of-Way
V / / / ~ ~~~~~~~{ Construction
Exhibit B