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PERMANENT EASEMENT
TIllS INDENTURE, made this::z..J:f:b day of ~ ' 1992, by and between
JERRY E. CUSICK, JR and MARIE J. CUSICK, bus d d 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 ~hn-, 1992.
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FILED FOR RECORD IN MY OFF Je . E. Cu iCk, Jr.
ON SEP 1 8 1992 AT
15: O.£.O'CLOCKtl.'M. AN9;~ RECiJRDij" 1-3' 7 L/ -1;~'dt( ø
"h) 'r~EG. ~;~~~ Marie. Cusick /
STI\. OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this 1.:<.4dayof ~~, 1992, before me, the
undersigned, a notary public in and for the county and state afofesaid, came Jerry E. Cusick,
Jr. and Marie J. Cusick, 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.
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
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,I, Notary Public
"
AGREEMENT
This Agreement is made this djl::Ø- day of~, 1992, by and between
JERRY E. CUSICK, JR. and MARIE J. CUSICK, h~and 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 Six Hundred Thirty-three and 82/100 Dollars ($633.82) for the permanent and
temporary easements, consisting of the following:
1.
Permanent Easement
(.860 acres at $240 per acre)
$206.40
2.
Temporary Easement
(.924 acres at $200 per acre)
184.80
3.
Damages to remaining property
(reduced utility for loss of crops)
242.62
Total Compensation
$633.82
C. Permanent and Temporary Easement Documents. The Grantor agrees
that the permanent easement 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 ~:Jj I } c¡ 9 .L
At closing the Grantor shall: '
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 social security numbers,
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 WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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J E. Cus ck, Jr. r -
Social Sec. o. 5í3- Ih- 'lfJl¡1
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Marie lJ. Cusick -' r' -? . -¿-/J 4
Social Sec. No.~f!f! ::;/CI__~;: -/Ö7'/ Æ
CITY OF SALINA, KANSAS
By
Dennis M. Kissinger,
City Manager
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1811111 BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 21
Owner:
Jerry E. Cusick, Jr.
Permanent Easement
A tract of land located in the Northwest Quarter of the Southeast Quarter (NWV" - SEV,,) 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' 36" E along the North line of said Quarter Section a distance of 91.14 feet; to the
POINT OF BEGINNING; thence N 89° 15' 36" E along said North line of said SEV" a distance
of 30.00 feet; thence S 1 ° 37' 22" E a distance of 32.05 feet; thence N 89° 35' 54" E a
distance of 1186.86 feet; thence S 0° 02' 46" W a distance of 30.00 feet; thence S 89° 35' 54"
W a distance of 1215.99 feet; thence N 1° 37' 22" W a distance of 61.88 feet to the POINT
OF BEGINNING.
The above described tract contains .860 aaes more or less.
TRACT NO. 21 A
Owner.
Jerry E. Cusick, Jr.
Temporary Construction Easement
A tract of land located in the Northwest Quarter of the Southeast Quarter (NW.4 - SE1.4) of
Section 8ght (8), Township Fourteen (14) South, Range Two (2) West 01 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' 36" E along the North line of said Quarter Section a distance of 30.00 feet to the
POINT OF BEGINNING; thence N 89° 15' 36" E along said North line of said SE1.4 a distance
of 91.14 feet; thence S 1° 37' 22" E a distance of 20.00 feet to the South Right-Of-Way line
of North Street; thence N 89° 15' 36" E along the South Right-Of-Way line of North Street a
distance 011187.29 feet; thence S 0° 02' 46" W a distance of 64.06 feet; thence S 89° 35' 54"
W a distance of 1278.92 feet to the East Right-Of-Way line of Eastborough Road; thence N 0°
02' 10" E along the East Right-Of-Way line of Eastborough Road a distance of 76.51 feet to
the POINT OF BEGINNING; less Tract #21 and less Road Right-Of-Way.
The above described tract contains .924 aaes more or less.
EXHIBIT A
91.14'
N 89" 15' 36" E
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LEGEND
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Section Comer
- - - Road Right-of-Way
1- I Permanent Easement
30.00'
N 89" '5' 36" E
32.05'
S. ,. 37' 21' E
61.88'
N " 37' 21' w
PERMANENT EASEMENT
Tract No. 21
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Scale: 1.=100'
------------------
NORTH STREET
- - - - 1ïii6.~
1215.99' N 89" 35' 54. E - -
S .. ". S4" w ".~
s rr 02' 46" W
LEGEND
6.
Section Comer
- - - Road Right-ot-Way
V / / / ~ ~~~:~~~7 Construction
91.14'
N 89' 15' 315' E
E
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6.51'
N rr 02' 10" W
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 21A
NORTH STREET
1187.29'
g 15' :5
Tract No. 21
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Scale: 1"=100'
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PERMANENT EASEMENT
TIllS INDENTURE, made this ~ day of , 1992, by and between
JERRY E. CUSICK, JR. and MARIE J. CUSICK, busband 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.
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Mane J. CusIck .;/
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 Jerry E. Cusick,
Jr. and Marie J. Cusick, 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
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Iltllill BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS' ARCHITECTS
TRACT NO. 21
Owner.
Jerry E. Cusick, Jr.
pennanent Easement
A tract of land located In the Northwest Quarter of the Southeast Quarter (NWV. - SEV.) 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' 36" E along the North line of said Quarter Section a distance of 91.14 feet; to the
POINT OF BEGINNING; thence N 89° 15' 36" E along said North line of said SE% a distance
of 30.00 feet; thence S 1° 31' 22" E a distance of 32.05 feet; thence N 89° 35' 54" E a
distance of 1186.86 feet; thence S 0° 02' 46" W a distance of 30.00 feet; thence S 89° 35' 54"
W a distance of 1215.99 feet; thence N 1° 31' 22" W a distance of 61.88 feet to the POINT
OF BEGINNING.
The above described tract contains .860 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 21
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LEGEND
b.
Section Comer
- - - Road Right-ot-Way
I I Permanent Easement
Scale: '.=100'
30.00'
N 89' 15' 36" E
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NW Cor. of
SE1/4 Sec. 8
T145 R2W
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61.88'
N l' 37' z:r W
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--,-;a6.86'
1215.99' N 89' 35' 54. E
S 8IT '" Sç W "MO' \ -
NORTH S1REET
S rr 02' 46" W
TEMPORARY EASEMENT
THIS INDENTURE, made this ~ day of , 1992 by and
between JERRY E. CUSICK, JR. and MARIE J. CUSICK, husband and wife, (the
"Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
wrrNESSETH: 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 have signed this Temporary Easement
this - day of , 1992.
Jerry E. Cusick, Jr.
Marie E. Cusick
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 Jerry E.
Cusick, Jr. and Marie E. Cusick, 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
11t'I'Ia.... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 21A
Owner.
Jerry E. Cusick, Jr.
Temporary Construction Easement
A tract of land located In the Northwest Quarter of the Southeast Quarter (NWA - SE1A) of
Section 8ght (8), Township Fourteen (14) South, Range Two (2) West of the Sixth (6th)
Principal Meridian, in Saline County, Kansas; being more partiwlarly 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 30.00 feet to the
POINT OF BEGINNING; thence N 89° 15' 36" E along said North line of said SE'A a distance
of 91.14 feet; thence S 1° 37' 22" E a distance of 20.00 feet to the South Rlght-ot-Way line
of North Street; thence N 89° 15' 36" E along the South Right-Of-Way line of North Street a
distance of 1187.29 feet; thence S 0° 02' 46" W a distance of 64.06 feet; thence S 89° 35' 54" .
W a distance of 1278.92 feet to the East Right-Of-Way line of Eastborough Road; thence N 0°
02' 10" E along the East Right-Of-Way line of Eastborough Road a distance of 76.51 feet to
the POINT OF BEGINNING; less Tract #21 and less Road Right-Of-Way.
The above described tract contains .924 acres more or less.
EXHIBIT A
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LEGEND
D.
Section Comer
- - - Rood Right-ot-Way
V / / /~ 1~~:~~~7 Construction
91.14'
N 89" 15' 36" E
E
TEMPORARY CONSTRUCTION EASEMENT
Tract No, 21A
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Scale: ,.=,00'
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NORTH STREET
1187.29'
9' 15' 3
Troct No. 21
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