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PERMANENT EASEMENT
THIS INDENTURE, made this 1..<'t:..Lday of~ ' 1992, by and between
JERRY E. CUSICK, JR. and MARIE J. CUSICK, husbantl and wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSE1H: 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
l2:fb day of Œt~, 199?
STATE OF KANSAS } . . Ii))
COUNTY OF SALINE 55., \LI(
FILED FOR RECORD IN MY OFFICE
ON SEP 1 8 1992 AT .
g:a.a.o'cLocKilM.A ~UlYRECORDED1'.3""31; ¡/ ~~ ç., t:/u.t~V
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-/ï)' EG. OF DEEDS Mane']. CUSIC
STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this ) ':(-f.e, day of ~/JA-V' 1992, before me, the
undersigned, a notary public in and for the county and state afo esaid, 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.
f-'-~""""--"'~~'--~' "~~.,~~.,~.-._.,,
-" JAfiHES $W£OI.JJNO
NOTARY PUBlIC
STATE OF KANSAS
MY IIPPf. SCPIRES -..- r (
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// Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
.I
AGREEMENT
This Agreement is made this 1.2# day of~, 1992, by and between
JERRY E. CUSICK, JR. and MARIE J. CUSICK, husband 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. It is the desire of the Grantor 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:
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 on the Engineering Drawings attached as Exhibits
A- B, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of One Hundred Thirty-two and 72/100 Dollars ($132.72) for the permanent
easement, consisting of the following:
1.
Permanent Easement
(.353 acres at $240 per acre)
$ 84.72
2.
Dam~~toremmnmgpro~~
(Reduced utility for loss of crop)
48.00
Total Com~nsation
$13272
C. Permanent Easement Document. 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 C to this
Agreement. The Permanent Easement 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: None.
E. Consent to Easement. In those cases where the permanent easement
described in paragraph (A) is 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 .À.Lfét¡1/~)-< '-' ¡ .¿ f I 9 t¡ 2
At closing the Grantor shall: .
1. deliver to the City the fully executed and acknowledged Permanent
Easement document,
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.
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.
-2-
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
~~
CITY OF SALINA, KANSAS
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IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 23
Pennanent Easement
Owner:
Jeny E. Cusick, Jr.
A tract of land located In the Northeast Quarter (NE1A), 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 Southwest comer of said NE1A; thence N 00 02' 10. E along the West
line of said NE1A a distance of 140.00 feet to the POINT OF BEGINNING; thence N 0° 02' 10.
E along the West line of said NE1A a distance of 496.24 feet to the South line of the City
Umlts of Salina, Kansas; thence N 410 56' 11. E along said Salina City Umits a distance of
44.92 feet; thence S 0° 02' 10. W a distance of 529.27 feet; thence S 89° 15' 36- W a distance
of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .353 acres more or less.
EXHIBIT A
A
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PERMANENT EASEMENT
Tract No. 23
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LEGEND
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Section Comer
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EXHIBIT B
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
JERRYE. CUSICK, JR. and MARIE J. CUSICK, husband and wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSE1H: 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 WITNFSS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
~(a'iiD a- 6! ~
Marie J. Cusi&
J
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 WITNFSS 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 C
. -
II1II11 BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS. ARCHITECTS
TRACT NO. 23
Pennanent Easement
Owner:
Jeny E. Cusick, Jr.
A tract of land located In the Northeast Quarter (NE1A), 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 Southwest comer of said NE1A; thence N 0° 02' 10. E along the West
line of saId NE1A a distance of 140.00 feet to the POINT OF BEGINNING; thence N 0° 02' 10.
E along the West line of said NE1A a distance of 496.24 feet to the South line of the City
Umlts of Salina, Kansas; thence N 41 ° 56' 11. E along said Salina City Umits a distance of
44.92 feet, thence S 0° 02' 10. W a distance of 529.27 feet; thence S 89° 15' 36. W a distance
of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .353 acres more or less.
EXHIBIT A
~
PERMANENT EASEMENT
Tract No. 23
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LEGEND
6.
Section Comer
- - - Road Right-of-Way
f Permanent Easement
N
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44.92'
N 418 56' 11" E
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EXHIBIT B