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SW4-9-T14S-R2W (SW Corner)(2) ..8tr Lf;.j Pa 3ø2[ PERMANENT EASEMENT 1HIS INDENTURE, made this :23xlJ day of ~J~ , 1992, by and between CARL WARD HILTON and GLENADINE HILTON, usband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WffNESSElH: 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 2u day of Cì.lß~¡ , 199,2. { STATE OF KANSAS l sS,,~N ") /1 ,~f? ~~ ,~-') ~- COUNTY OF SALINE S L-Æ' 'Yfl c~ , f\LED FOR RECORD IN MY OFF E Carl Ward Hilton ON, SEP 1 B 1992 AT " g; QaOIClOCK!ff1. A~~L Y RECORDED 8 - .3 30 [/!it,~~,~/ I:{-(.~¿-.r,l../ V- VO~T PAS' Æ2 Glenadine Hilton Ir)n Át . REG. OF DEEDS ST OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ~ day of ~(.1 ' 1992, before me, the undersigned, a notary public in and for the county and st e aforesaid, came Carl Ward Hilton and Glenadine Hilton, 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 Offi~,~: t,:~:I above written. '~~ ,~.,¡¿~,~ . ~--_.-.. / Notary Pubhc [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] AGREEMENT This Agreement is made this :2 -¿,J) day of (JcJ~ ,1992, by and between CARL WARD HILTON and GLENADINE HILTON, h d 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 ;.,pon closing the total sum of Ten Thousand Eight Hundred Eighty-five and 87 Dollars ($10,885.87) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1,594 acres at $300 per acre) $ 478.20 2. Temporary Easement (2.323 acres at $250 per acre) 580.75 3. Damages to remaining property (loss of crops $1,167.87; permanent 9.826.92 fence $5,980.05; loss of walnut trees $2,000; reseeding alfalfa $425; reseeding waterway $254) Total Compensation $10,885.87 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 CÅv.tLU¿,í:2 31 I Ÿ 92- At closing the Grantor shall: 1 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. úd ttl LJ¡' ~~ Carl Ward Hilton Ij ~ 0 Social Sec. No. f'~ ø.$ / ð éf ~ 1£1 ¡/ '. 1/' '" wJ- "k~/,'2--/{./(:Lc,>,~ ,,( /[/ LL,j-rt/ Glenadine Hilton Social Sec. No. :)1 ç- I g .-.5-45" ff CITY OF SALINA, KANSAS BY~~,~.q Dennis M. Kissinger, , City Manager -3- IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 13 Permanent Easement Owner: Carl Ward Hilton & Mary Jane Katherine Hilton A tract of land located In the Southwest Quarter (SWI/4) 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 follows: Commencing at the Southwest comer of said SWV4; thence N 89°, 39' 51" E along the South line of said SW1/4 a distance of 2125.37 feet to the East Right-Of-Way line of the Union Pacific Railroad; thence N 45° 13' 19" W along said East Right-Of-Way line a distance of 70.57 feet to the North Right-Of-Way line of Country Club Road, said point being the POINT OF BEGINNING; thence N 45° 13' 19" W along said East Railroad Right-Of-Way a distance of 1800.29 feet to the North line of the South Half of said SWA; thence N 89° 44' 43" E along said North line of the South Half of said SWA a distance of 54.48 feet; thence S 45° 16' 57" E a distance of 427.21 feet; thence S 45° 10' 54" E a distance of 1372.46 feet to the North Right-Of-Way line of Country Club Road; thence S 89° 39' 51" W along said North Right-Of- Way line a distance of 53.68 feet to the POINT OF BEGINNING. The above described tract contains 1 .594 acres more or less. TRACT NO. 13A Temporary Construction Easement Owner: Carl Ward Hilton & Mary Jane Katherine Hilton A tract of land located In the Southwest Quarter (SWI/4) 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 follows: Commencing at the Southwest comer of said SW/4; thence N 89° 39' 51" E along the South line of said SWA a distance of 2125.37 feet to the East Right-Of-Way line of the Union Pacific Railroad; thence N 45° 13' 19" W along said East Right-Of-Way line a distance of 70.57 feet to the North Right-Of-Way line of Country Club Road, said point being the POINT OF BEGINNING; thence N 45° 13' 19" W along said East Railroad Right-Of-Way a distance of 1800.29 feet to the North line of the South Half of said SW/4; thence N 89° 44' 43" E along said North line of the South Half of said SWA a distance of 139.38 feet; thence S 45° 16' 57" E a distance of 367.21 feet; thence S 45° 10' 54" E a distance of 1282.19 feet; thence S 44° 46' 41" W a distance of 60.00 feet; thence S 45° 10' 54" E a distance of 90.27 feet to the North Right-Of-Way line of Country Club Road; thence S 89° 39' 51" W along said North Right- Of-Way line a distance of 53.68 feet to the POINT OF BEGINNING, less Tract No. 13. The above described tract contains 2.323 acres more or less. EXHIBIT A PERMANENT EASEMENT Tract No, 13 " 54.48' N 89" 44' 43" E LEGEND '" 6 Section Corner "" - - - Road Right-of-Way ~ "" ~O,¥ ,,~ " C}~ /(' "" ~~ N ~O "" ~O "" I Permanent Easement "" Scale: 1" =100' "" "" POINT OF BEGINNING -----~-- 2125.37' N 89" 39' 51" E - - " '", \. COUNTRY CLUB ROAD ------- ~ SW Cor. of SW1 4 Sec. 9 T14S R2W 70.57' N 45' 1 3' 1 9" W 53.68' S 89" 39' 51 W EXHIBIT B .., TEMPORARY CONSTRUCTION EASEMENT Tract No. 13A '" 139.38' N 89" «' 43" E LEGEND 6 Section Corner '" ~ "" ~O~ ..() "" '1C}~ ~ "" ~1: N ~O "" ~O ~ - - - Road Right-ot-Way V / / / ~ ~~~t~~~7 Construction "" 90.27' S 4$ 10' 54. E SO.OO' S «8 4S' 4,8 W "" Scale: 1" = 1 00' "" "" POINT OF BEGINNING --------¡ ~ L-- - - - "" 2125.37' "'" N 89" 39' 51" E - - "- COUNTRY CLUB ROAD ------- ~ 70.57' N 45' 13' 19" W 53.68' S 89" 39' 51 W EXHIBIT C PERMANENT EASEMENT 1HIS INDENTURE, made this - day of , 1992, by and between CARL WARD HILTON and GLENADINE HILTON, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSElH: 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. Carl Ward Hilton Glenadine Hilton 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 Carl Ward Hilton and Glenadine Hilton, husband and wife, who are personally known to me to be the same persons who executed the above and foregoing instrumep..t 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 IIIIIII BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS' ARCHITECTS TRACT NO. 13 Permanent Easement Owner: Carl Ward Hilton & Mary Jane Katherine Hilton A tract of land located In the Southwest Quarter (SWY4) 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 follows: Commencing at the Southwest comer of said SW'/4; thence N 89° 39' 51- E along the South line of said SW'/4 a distance of 2125.37 feet to the East Right-Of-Way line of the Union Pacific Railroad; thence N 45° 13' 19- W along said East Right-Of-Way line a distance of 70.57 feet to the North Right-Of-Way line of Country, Club Road, said point being the POINT OF BEGINNING; thence N 45° 13' 19- W along said East Railroad Right-of-Way a distance of 1800.29 feet to the North line of the South Half of said SW'/4; thence N 89° 44' 43- E along said North line of the South Half of said SW'/4 a distance of 54.48 feet; thence S 45° 16' fiT" E a distance of 427.21 feet; thence S 45° 10' 54- E a distance of 1372.46 feet to the North Right-Of-Way line of Country Club Road; thence S 89° 39' 51- W along said North Right-Of- Way line a distance of 53.68 feet to the POINT OF BEGINNING. The above described tract contains 1 .594 acres more or less. TRACT NO. 13A EXHIBIT A - PERMANENT EASEMENT Tract No. 13 " 54.48' N 89" 44' 43'" E LEGEND '" ð Section Corner '" v. ~ ~°1-- ,() ~ 1'C},<-., 'ó . ~ ~f N "Po '" 1'() ~ - - - Road Right-of-Way I Permanent Easement ~ Scale: 1"=100' '" ~ POINT OF BEGINNING -----~-- 2125.37' N 89" 39' 51" E - - , ',,- , COUNTRY CLUB ROAD ------- ~ 70.57' N 45. 13' 19" W 53.68' S 89" 39' 51 W EXHIBIT B TEMPORARY EASEMENT 1HIS INDENTURE, made this - day of , 1992 by and between CARL WARD HILTON and GLENADINE HILTON, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSElH: 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 - day of , 1992. Carl Ward Hilton Glenadine Hilton 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 Carl Ward Hilton and Glenadine Hilton, 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 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 13A Temporary Construction Easement Owner. Carl Ward Hilton & Mary Jane Katherine Hilton A tract of land located in the Southwest Quarter (SWY4) 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 follows: Commencing at the Southwest comer of said SW/4; thence N 89° 39' 51" E along the South line of said SW.4 a distance of 2125.37 feet to the East Right-Of-Way line of the Union Pacific Railroad; thence N 45° 13' 19" W along said East Right-Of-Way line a distance of 70.57 feet to the North Right-Of-Way line of Country Club Road, said point being the POINT OF BEGINNING; thence N 45° 13' 19" W along said East Railroad Right-Of-Way a distance of 1800.29 feet to the North line of the South Half of said SW/4; thence N 89° 44' 43" E along said North line of the South Half of said SW.4 a distance of 139.38 feet; thence S 45° 16' 5T' E a distance ot 367.21 feet; thence S 45° 10' 54" E a distance of 1282.19 feet; thence S 44° 46' 41" W a distance ot 60.00 feet; thence S 45° 10' 54" E a distance of 90.27 teet to the North Right-Ot-Way line of Country Club Road; thence S 89° 39' 51" W along said North Right- Ot-Way line a distance ot 53.68 feet to the POINT OF BEGINNING. less Tract No. 13. The above described tract contains 2.323 acres more or less. EXHIBIT A ~ . TEMPORARY CONSTRUCTION EASEMENT Tract No. 13A " 139.38' N 89" 44' 43"' E LEGEND .6. Section Corner "" - - - Road Right-ot-Way '" ~ '" ~°1' .¡() '" -1C}~ ~ '" ~f N ~O '" 1'0 "'" V / / / ~ ~~~t~~~7 Construction 90.27' S 4S- 1 0' 54. E '" Scale: 1"=100' '" '" POINT OF BEGINNING --------, ~ L----- - - - "" 2125.37' '" N 89" 39' 51" E - - "- COUNTRY CLUB ROAD ------- ~ 70.57' N 45. 1 3' 1 9" W 53.68' S 89" 39' 51 W Exhibit B