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PERMANENT EASEMENT
TlßS INDENTURE, made this .2~-dL day of ~ 1992, by and between
LONNIE D. WILSON, TRUSTEE OF THE LONNIE D. WnsoN REVOCABLE TRUST
U/M dated March 27, 1991, (the "Grantor"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "City").
WffNESSETH: 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 WffNESS WHEREOF, the Grantor has signed this Permanent Easement this
Q ¡Mday ofr~s.f-, 1992.
STATE OF KANSAS } 55. ')J ~
COUNTY OF SALINE
FILED FOR RrCORD IN MY OFFI E
ON SEP 2 4 1992 AT
~g':Of\)'CLOCJ.~A. A~~ULY.. LY RECORDED B~:~_~ /::? f?/~~~-
~1Jf~T PAGr...1:P1-'iO7 . Lonnie D. Wilson, Trustee
) M# REG. OF DEEDS
ST A OF KANSAS, SALINE COUNTY, ss:
LONNIE D. WILSON REVOCABLE TRUST
UINT dated March 27, 1991
BE IT REMEMBERED, that on this ~ay of ~992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Lonnie D.
Wilson, Trustee of The Lonnie D. Wilson Revocable Trust U/M dated March 27, 1991,
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 trust.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
f. ~-~~
~!MY APP'T. IlØ'IRIH ~ r::2-
~",-.-....,.-.".. .
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
(~~ 1.& J", ~ ßu<Æ',
l Notary Public --
/
AGREEMENT
This Agreement is made this ';)}-é:L day of ~è<.>i , 1992, by and between
LONNIE D. WILSON, TRUSTEE OF THE LONNIE . WILSON REVOCABLE
TRUST U/M dated March 27, 1991, 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 Drawing attached as Exhibits A-
B, to this Agreement.
B.
sum of
($ J,~,~
1.
Permanent Easement 'I" / ð-M . It)
(.160 acres at $ .t¡",.~ per acre)
Compensation. The City agrees to pay the Grantor upon closing the total
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) for the permanent easement, consisting of the following:
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$ "'~ ,7¿; .Þ ~ /~;/ /k(~ ¿'~
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2.
~s tð- re--':"'Mig pr.~
(Reùuu;d .ut1iity "~-US~ ~f 1 . 1.))
C¡.tJ-¥,~
TotaI Compensation
$ )/ ð-fO' iJ-'U
C. Permanent 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 C to this
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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 a Mortgage dated October
13, 1987 executed by Lonnie D. Wilson and Valerie O. Wilson, husband and wife as joint
tenants d/b/a Salcom, a Kansas partnership, in favor of First National Bank and Trust
Company, filed of record October 21, 1987 in Book 399 of Mortgages, pages 256-262 in
the records of the Register of Deeds, Saline County, Kansas.
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 ~2J-, I r¡~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 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 heirs, executors, administrators, and assigns of the parties
hereto.
-2-
IN WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
LONNIE D. WILSON REVOCABLE TRUST
U/Aff dated March 27, 1991
By~-c>~ P Z¿~¿/~.
Lonnie D. Wilson, Trustee
Tax ID No. ~Þ' - {""' '7(.. f,.J7 Y--"5"
CITY OF SALINA, KANSAS
By ;??/~~
~/ Dennis M. Kissinger,
City Manager
-3-
IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCH"ITECTS
TRACT NO. 25
Permanent Easement
Owner:
Lonnie D. WIlson, Revocable Trust
A tract of land located In the Northwest Quarter (NWV4), of Section Eight (8), Township
Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian, In Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said NW1.4; thence N 0° 02' 10. E along the East
line of said NW1,4 a distance of 1224.24 feet to the South Right-Of-Way line of the Union Pacific
Railroad; thence S 88° 58' 23. W along the South line of said Railroad Right-Of-Way a distance
of 72.99 feet to the POINT OF BEGINNING; thence S 88° 58' 23. W along said Railroad Rlght-
Of-Way a distance of 30.00 feet; thence S 0° 53' 50. E a distance of 283.88 feet to the North
line of the City Umlts of Salina, Kansas, previously said line also being the East line of an
existing Pennanent Easement, Deed Book 97, Page 170, Tract 2, held by the City of Salina,
Kansas; thence N 15° 23' 18. E along said Salina City Umlts a distance of 106.98 feet; thence
N 0° 53; 50. W a distance of 181.26 feet to the POINT OF BEGINNING.
The above described tract contains. 160 aaes more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 25
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UNION PACIFIC RAILROAD
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30.00'
S 8a- 58' 23'" W
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106.98'
N 15' 23' 1 8" E
LEGEND
D.
Section Comer
- - - Road Right-at-Way
I Permanent Easement
POINT OF BEGINNING
72.99'
S 88" 58' 23" W
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NORTH STREET
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EXHIBIT B
PERMANENT EASEMENT
TlßS INDENTURE, made this - day of , 1992, by and between
LONNIE D. WILSON, TRUSTEE OF THE LONNIE D. WILSON REVOCABLE TRUST
U/M dated March 27, 1991, (the "Grantor"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "City").
wrrNESSETH: 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 WffNESS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
LONNIE D. WILSON REVOCABLE TRUST
U/Aff dated March 27, 1991
By:
Lonnie D. Wilson, Trustee
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 Lonnie D.
Wilson, Trustee of The Lonnie D. Wilson Revocable Trust U/M dated March 27, 1991,
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 trust.
IN wrrNESS 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
IIIIIII BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCH"ITECTS
TRACT NO. 25
Pennanent Easement
Owner:
Lonnie D. Wilson, Revocable Trust
A tract of land located in the Northwest Quarter (NW~), of Section Eight (8), Township
Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian, in Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said NW1;4; thence N 0° 02' 10" E along the East
line of said NW~ a distance of 1224.24 feet to the South Right-Of-Way line of the Union Pacific
Railroad; thence S 88° 58' 23" W along the South line of said Railroad Right-ot-Way a distance
of 72.99 feet to the POINT OF BEGINNING; thence S 88° 58' 23" W along said Railroad Right-
Of-Way a distance of 30.00 feet; thence S 0° 53' 50" E a distance of 283.88 feet to the North
line of the City Umits of Salina, Kansas, previously said line also being the East line of an
existing Pennanent Easement, Deed Book 97, Page 170, Tract 2, held by the City of Salina,
Kansas; thence N 15° 23' 18" E along said Salina City Umlts a distance of 106.98 feet; thence
N 0° 53; 50" W a distance of 181.26 feet to the POINT OF BEGINNING.
The above described tract contains. 160 aaes more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 25
UNION PACIFIC RAILROAD
--------
---
---
30.00'
S 88" 58' 2"5 W
, 06.98'
N 1 5" 23' 1 8" E
LEGEND
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Section Comer
- - - Road Right-ot-Way
I Permanent Easement
POINT OF BEGINNING
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-SALINA CITY LIMITS
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SE Cor. ot
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T14S R2W
EXHIBIT B