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PERMANENT EASEMENT
TIllS INDENTURE, made this ~ day of W;Y~', 1992, by and between
RICHARD L. and SARAH MORRISON, husband and wife; (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 wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this
2- day of ~#aJ , 1992.
STAtE OF. KANSAS}' I J)\
COUNTY OF SALINE S!~ l^ ' '!. .- ./ l--".
,fiLED FOR RECORD IN MY OFFICE D Richarø'~'M~rris~: ' !. , it
ON SEP 1 0 1992. AT . 'I<
. ' :r PAG~ 1 S ar Momson
. EG. Of DEEDS
S 1\TE OF KANSAS, SALINE COUNTY, ss:
,¡.;;
BE IT REMEMBERED, that on this -2- day of Ilk-<;;~~ ) 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Richard L
Morrison and Sarah Morrison, 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 wrrNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
~'" IOTARY PO,BlIC . State, of Kansas
LYNN HILDEBRAND ¡
. - My Arpt Em, :L~f..<.1 -
\',.~_. -. . f--
(~~~ntn.- ~::'/c¿Î.ð7C4
f/
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
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TRACT NO. 11
Pennanent Easement
Owner:
Morrison Grain Company, Inc.
A tract of land located in the Southwest Quarter (SWV4) of Sedion Nine (9), Township
Fourteen South (145), Range Two West (2W) of the Sixth Prindpal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commendng at the Southwest comer of said SW'/4; thence N 89° 39' 51" E along the
South line of said SW'A a distance of 1984.23 feet to the West Right-at-Way line of the Union
Pacific Railroad; thence N 45° 13' 19" W along said West Railroad Right-at-Way a distance of
110.63 feet to the POINT OF BEGINNING; thence N 45° 13' 19- W along said West Railroad
Right-of-Way a distance of 30.05 feet; thence S 48° 01' 52- W a distance of 74.77 feet to the
North Right-Of-Way line of Country Club Road; thence N 89° 39' 51- E along said North Road
Right-Of-Way line a distance ot 45.16 feet; thence N 48° 01' 52" E a distance ot 42.72 feet to
the POINT OF BEGINNING.
The above described tract contains .041 acres more or less.
EXHIBIT A
AGREEMENT
This Agreement is made this V-tØ- day of ili~1-M-"';¡-- , 1992, by and between
RICHARD L. MORRISON and SARAH MORRISON, ííusband and wife, hereinafter
referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter referred to as the "City."
RECIT ALS
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 Gramor 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 One Thousand Two Hundred Eighty-six and 51/100 Dollars ($1,286.51) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.041 acres at $3750 per acre)
$ 153.75
2.
Temporary Easement
(.082 acres at $1,875 per acre)
153.75
3.
Damages to remaining property
(Permanent fence $752.01;
reseeding $227)
979.01
Total Compensation
$1,286.51
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 pemlanent 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 bl~:JÆ/o- 'I, f ftt(2-- .
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 WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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a h Morrison
Social Sec. No. L..j,ft - .j-f¿, -/ J¿J 7
CITY OF SALINA, KANSAS
By
Dennis M. Kissinger,
City Manager
-3-
TRACT NO. 11
Pennanent Easement
Owner:
Morrison Grain Company, Inc.
A tract of land located in the Southwest Quarter (SWV4) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) of the Sixth Prindpal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commendng at the Southwest comer ot said SW1/4; thence N 89° 39' 51- E along the
South line ot said SWV4 a distance ot 1984.23 feet to the West Right-Of-Way line of the Union
Padfic Railroad; thence N 45° 13' 19- W along said West Railroad Right-Of-Way a distance ot
110.63 feet to the POINT OF BEGINNING; thence N 45° 13' 19- W along said West Railroad
Right-Of-Way a distance of 30.05 feet; thence S 48° 01' 52- W a distance of 74.77 teet to the
North Right-ot-Way line of Country Club Road; thence N 89° 39' 51" E along said North Road
Right-Of-Way line a distance of 45.16 feet; thence N 48° 01' 52- E a distance ot 42.72 feet to
the POINT OF BEGINNING.
The above described tract contains .041 acres more or less.
TRACT NO. 11A
Temporary Construction Easement
Owner:
Morrison Grain Company, Inc.
A tract of land located in the Southwest Quarter (SW1A) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) of the Sixth Prlndpal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southwest comer of said SW1/4;thence N 89° 39' 51- E along the
South line of said SW1A a distance of 1984.23 feet to the West Right-Of-Way line of the Union
Padfic Railroad; thence N 45° 13' 19" W along said West Railroad Right-Of-Way a distance of
70.57 feet to the North Right-Of-Way line of Country Club Road, said point also being the
POINT OF BEGINNING; thence N 45° 13' 19" W along said West Railroad Right-Of-Way a
distance of 100.16 feet; thence S 48° 01' 52" W a distance of 106.81 teet to the North Right-
Of-Way line of Country Club Road; thence N 89° 39' 51" E along said North Road Right-Of-
Way line a distance of 150.51 feet to the POINT OF BEGINNING less Tract No. 11.
The above described tract contains .082 acres more or less.
EXHIBIT A
'"
PERMANENT EASEMENT
Tract No. 11
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45,16'
N 89" 39" 51 E
--
Scale: 1- =1 00'
74.77'
S 48" 01' 52'" W
-----~
COUNTRY CLUB ROAD
1984.23'
N 89" 39' 5f' E
~
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42.72'
N 48" 01" 5
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EXHIBIT B
. . . .
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 11 A
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100.16'
N 4S- 13' 1
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Scale: 1"=100'
106.81'
S 4a- 01' 52" W
POINT OF
BEGINNING
~ 70.57'
N 45. 13' 19"
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-----~
COUNTRY CLUB ROAD Tract No. 11
1984.23'
N 89. 39' sf' E
- -
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150.51'
N 89" 39' 51 E
EXHIBIT C
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
RICHARD L. and SARAH MORRISON, husband and wife, (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
...!1- day of i}¿.¿£"#Mr , 1992.
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Richard L. Momson
Sarah Morrison
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this -L day of aLk~ , 1992, before me, the
undersigned, a notary public in and for the county and state ~aforesaid, came Richard L.
Morrison and Sarah Morrison, 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.
~ /lOURY POBU: . StItt If IaIIsas
; J~ LYNN HILDEB~
i,~~ My Appt. Exp. 9-6 -9<1
" ~ýÞv!/Flj '-;'t¡~Äfr'Ý<'~r~{' ,
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
EXHIBIT D
TRACT NO. 11
Pennanent Easement
Owner:
Morrison Grain Company, Inc.
A tract of land located in the Southwest Quarter (SWV4) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) ot the Sixth Prindpal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commendng at the Southwest comer ot said SW'A; thence N 890 39' 51" E along the
South line ot said SW% a distance ot 1984.23 teet to the West Right-Gt-Way line of the Union
Pacíflc Railroad; thence N 450 13' 19- W along said West Railroad Right-Of-Way a distance of
110.63 feet to the POINT OF BEGINNING; thence N 450 13' 19- W along said West Railroad
Right-of-Way a distance of 30.05 feet; thence S 480 01' 52- W a distance of 74.77 feet to the
North Right-Of-Way line of Country Club Road; thence N 890 39' 51- E along said North Road
Right-Of-Way line a distance ot 45.16 feet; thence N 480 01' 52- E a distance ot 42.72 feet to
the POINT OF BEGINNING.
The above described tract contains .041 acres more or less.
EXHIBIT A
"
PERMANENT EASEMENT
Tract No. 11
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-----~-
COUNTRY CLUB ROAD
""
LEGEND
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Section Comer
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- - - Road Right-of-Way
I Permanent Easement
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30,05'
N 4S 13' 1
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Scale: 1" =1 00'
POINT OF
BEGINNING
74.77'
S 4<r 01' 52" W
--
1984.23'
N 89" 39' 51" E
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-----
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45.16'
N 89" 39' 51 E
42.72'
N 48" 01' 5
E
EXHIBIT B
TEMPORARY EASEMENT
TIllS INDENTURE, made this - day of , 1992 by and
between RICHARD L. MORRISON and SARAH MORRISON, husband and wife, (the
"Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSEIH: 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 1 day of IlLLL'LL.j/- , 1992.
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\ L,V{y\., V(!.", v-, .' ..{,--\.. L.LJ- -
Richard L. Morrison
4~~*
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this -2- day of (lLLf~41 , 1992, before me, the
undersigned, a notary public in and for the county and stat~id, came Richard L.
Morrison and Sarah Morrison, who are personally known to me to þe 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.
';r<rt-1U ;.d~~~;;,cr::bliC
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
EXHIBIT E
TRACT NO. 11 A
Temporary Construction Easement
Owner:
Morrison Grain Company, Inc.
A tract of land located in the Southwest Quarter (SW1A) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County,
Kansas, being more particularly described as tollows:
Commencing at the Southwest comer of said SWV.;, thence N 890 39' 51- E along the
South line of said SW1A a distance ot 1984.23 teet to the West Right-Of-Way line of the Union
Pacific Railroad; thence N 450 13' 19- W along said West Railroad Right-Of-Way a distance of
70.57 feet to the North Right-Of-Way line of Country Club Road, said point also being the
POINT OF BEGINNING; thence N 450 13' 19- W along said West Railroad Right-Of-Way a
distance ot 100.16 teet; thence S 480 01' 52- W a distance of 1 06.81 feet to the North Right-
Of-Way line ot Country Club Road; thence N 890 39' 51- E along said North Road Right-Ot-
Way line a distance of 150.51 feet to the POINT OF BEGINNING less Tract No. 11.
The above described tract contains .082 acres more or less.
EXHIBIT A
. .
"'"
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 11 A
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Scale: 1"=100'
1 06.81 '
S 4<r 01' 52" W
-----~
COUNTRY CLUB ROAD Tract No. 11
1984.23'
N 89" 39' 51" E
--
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-----
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150.51 .
N 89" 39' 51 E
EXHIBIT B