SW4-9-T14S-R2W (NW Corner)
Misc. Bk u:~ Pg ~
PERMANENT EASEMENT
TIllS INDENTURE, made thisc?::2~ day Of~ ' 1992, by and between
ALVIN A FARRIS and GWRIA J. FARRIS, husban an 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
)j.A~May of (?«--~/ , 1992. .
ITATE OF. KANSAS } ss. IN. /)
COUNTY OF SALINE ~ /
FILED FOR RECORD IN MY. OFFICE'
OM. SEP 1 8 1992, AT
g':~'CLOCKÅ.III.AO ~lY~2:Ï3r-33(1 . ift.~ (7 ~(L;'
EG.' OF DEEDS ona . arns
V'~dr/¿~
Alvin A. Farris
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this.2~".J) day of ~ ' 1992, before me, the
undersigned, a notary public in and for the county and state for aid, came Alvin A Farris
and Gloria J. Farris, 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.
r,¡;~~~~
è 14Y APPT !I!)(P1~~S .1 - ) L - Ò ('
..~-",-~~-~-...._. ..--_.c.~_JCjI-."-,./l,.....~
'g ~ J2~~
\ Q~ j 1 À . ¿
~ Notary PublIc
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
r '=. '. \. .
Misc. Bk J. ~ Pg d
IIIIIII BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 14
Permanent Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract of land located in the Southwest Quarter (SW%) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) ot the Sixth Principal Meridian in Saline County,
Kansas, being more particularty described as tollows:
Commencing at the Northwest comer ot said SW%; thence S 0° 03' 22- W along the West
line of said SW/i. a distance ot 534.05 feet to the North Rlght-Ot-Way line ot the Union Pacific
Railroad; thence S 45° 13' 19- E along said North Right-Of-Way line a distance ot 1084.16 feet
to the POINT OF BEGINNING; thence S 45° 13' 19- E along said North Right-Of-Way line a
distance of 36.15 feet to the South line of the NWV" of said SW/I. of said Section 9; thence N
89° 44' 43" E along said South line ot the NW/" of the SW/I. of Section 9 a distance of 54.48
feet; thence N 45° 16' 57" W a distance of 112.71 feet; thence S 0° 03' 22" W a distance of
54.08 feet to the POINT OF BEGINNING.
The above described tract contains .066 acres more or less.
EXHIBIT A
... ~-- '. '. .
.' .
Misc. Bk J..í; Pg B-3"
I
-~
PERMANENT EASEMENT
I Tract No. 14
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POINT OF ~
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36.15'
S 4S 13' 19" E
NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T1 4S R2W
LEGEND
6
Section Corner
- - - Road Right-af-Way
I Permanent Easement
54.0S'
S (1 03' 21' W
112.71'
N 4S- 16' 5í W
N
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CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of easements by the Mortgagors
to the City of Salina, Kan~ (the "City"), as follows:
1.
and wife.
The name of the Mortgagors are Alvin A Farris and Gloria J. Farris, husband
2.
The name of the Mortgagee is Security Savings and Loan Association.
3. A Mortgage dated July 30, 1979 was recorded at Book 332 of Mortgages,
pages 743-744 of the records of the Register of Deeds of Saline County, Kansas; and an
additional Mortgage dated February 18, 1982 was recorded at Book 444 of Mortgages, pages
220-226.
4.
Mortgagors intend to convey to the City
A. a permanent easement (the "Easement") for the purposes of installing,
repairing, replacing and maintaining public utilities in perpetuity;
B. a temporary easement (the "Easement") for the 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.
Said permanent and temporary easements are more particularly described on the
Engineering Drawing attached as Exhibits A-C to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
Dated this ~ 7t.hday of
STATE OF KANSAS } $., ¿fJ \t'-
COUNTY OF SALINE - l-1
FILED FOR RECORD IN MY OFFICE
ON SEP 1 8 1992 AT
~'O.Q..O'CLOCKt1.'M. A ~ULYRECORDED '10 -' t.i'f
VOL T PAGÛ .9-1 /
. REG. OF DEEDS
S í\TE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this .;<71>'J day of (,'~, 1992, before me, the
un~~~ a Q ~ot~~~ and fO~ ~ti~~ ~S~:dŠe:nn;
f
, 1992.
AND
LOAN
, .
Misc. gk -.1.S.3.- flg.3 '/ I
Savings and Loan Association who is personally known to , L be ~ same person who
executed the foregoing Consent to Easement as '-/~~ . f.J t? -~ ; d~ of said
corporation, and said person duly acknowledged the execution of the same as the act of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
ø:16 WANDA R. MARKLEY
Not8ry NIIID . .... .. -
My Appt. EJIpN. - / 1- ¿
~~- ¿~
. /.~' ': . 7~~~
otary P IC
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Mi~.!tlr #.E? Pg.3 'i:lJ
1I1111I BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 14
Permanent Easement
Owner:
Alvin A. Farris & Gloria J. Farris
A tract ot land located in the Southwest Quarter (SW%) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) ot the Sixth Principal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commencing at the Northwest comer ot said SW/i.; thenceS 00 03' 22- W along the West
line of said SW% a distance ot 534.05 feet to the North Right-Of-Way line ot the Union Pacific
Railroad; thence S 45° 13' 19- E along said North Right-Ot-Way line a distance ot 1084.16 feet
to the POINT OF BEGINNING; thence S 45° 13' 19- E along said North Right-Of-Way line a
distance of 36.15 feet to the South line of the NW% of said SW'/I. of said Section 9; thence N
89° 44' 43" E along said South line ot the NW/i. of the SW% of Section 9 a distance of 54.48
feet; thence N 45° 16' 57" W a distance of 112.71 feet; thence S 0° 03' 22" W a distance of
54.08 feet to the POINT OF BEGINNING.
The above described tract contains .066 acres more or less.
TRACT NO. 14A
Temporary Construction Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract of land located in the Southwest Quarter (SW%) of Section Nine (9), 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 Northwest comer of said SW/i.; thence S 0° 03' 22" W along the West
line of said SW1/" a distance of 534.05 feet to the North Right-of-Way line of the Union Pacific
Railroad; thence S 45° 13' 19" E along said North Right-of-Way line a distance of 1084.16 feet
to the POINT OF BEGINNING; thence S 45° 13' 19- E along said North Right-Of-Way line a
distance ot 36.15 feet to the South line ot the NW% of said SW'/i. of said Section 9; thence N
89° 44' 43" E along said South line of the 'NW/i. of the SW/i. of Section 9 a distance of 139.38
feet; thence N 45° 16' 57" W a distance of 232.06 feet; thence S 0° 03' 22" W a distance of
138.44 feet to the POINT OF BEGINNING, less Tract No. 14.
The above described tract contains .237 acres more or less.
EXHIBIT A
.. "'" '.. .
¡'¡Iise. Bk L 0 Pg .J.i'i.
I
-~
PERMANENT EASEMENT
I Tract No. 14
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POINT OF ~
BEGINNING "'"
36.15'
S 45" 13' Ut' E
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
.6.
Section Corner
- - - Road Right-of-Way
I Permanent Easement
54.08'
S (j 03' 2Z" W
112.71'
N 4S- 16' 5/ W
N
Scale: 1" =100'
~ 54.48'
~ ~ 89" 44' 43" E
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TEMPORARY CONSTRUCTION EASEMENT '
I Tract No. 14A
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Comer
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POINT OF '\
BEGINNING ~
36.15'
S 4S- 13' 19"' E
- - - Road Right-of-Way
V / / / ~ ~~~:~~~7 Construction
138.44'
S (]' 03' 2Z' W
N
139.38'
N 89" 44' 43"' E
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AGREEMENT
This Agreement is made this :J -:5~ day of çJ~.Àt ' 1992, by and between
ALVIN A FARRIS and GWRIA J. FARRIS, husbaild arl 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 One Thousand Three Hundred Thirty-five and 85/100 Dollars ($1,335.85) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.066 acres at $300 per acre)
$
19.80
2.
Temporary Easement
(.237 acres at $250 per acre)
59.25
3.
Damages to remaining property
(loss of crops $293.58; reseeding
1.256.80
alfalfa $200; temporary fence $338.13;
fence $425.09)
Total Compensation
$1,335.85
C. Permanent and Temporary 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 a 1988 Personal Property
Tax Warrant No. 1146 in the amount of $31.29 plus interest and costs; a Mortgage in
favor of Security Savings and Loan Association dated July 30, 1979 and recorded in
Mortgage Book 332, pages 743-744 in the office of the Register of Deeds of Saline
County, Kansas; and a Mortgage in favor of Security Savings and Loan Association dated
February 18, 1982 and recorded in Mortgage Book 444, pages 220-226 in the office of
the Register of Deeds of Saline County, Kansas.
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.
~. Closing. Closing shall take place on or before _n:J}--~{.\ß.Jd" Q 1, I ÝÝ 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 e~sement
documentation,
3. provide the City with any other necessary information such as
Grantor's current mailing address and social security numbers,
-2-
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
v'- ~ /I h .MLÅ
Alvin A. Farris
Social Sec. No. 6/3 -- ~~ - ¿>79/'
CITY OF SALINA, KANSAS
BY~~, ~
Dennis M. Kissinger,
City Manager
-3-
11111I1 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 14
Permanent Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract of land located in the Southwest Quarter (SWy,,) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) ot the Sixth Principal Meridian in Saline County,
Kansas, being more particularly described as follows:
Commencing at the Northwest comer ot said SW%; thenceS 00 03' 22" W along the West
line ot said SWy" a distance of 534.05 feet to the North Right-Of-Way line ot the Union Pacific
Railroad; thence S 450 13' 19- E along said North Right-Of-Way line a distance ot 1084.16 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-at-Way line a
distance of 36.15 feet to the South line of the NWY" of said SW/i. of said Section 9; thence N
890 44' 43" E along said South line of the NW/" of the SWY. of Section 9 a distance of 54.48
feet; thence N 450 16' 57" W a distance of 112.71 feet; thence S 00 03' 22- W a distance of
54.08 feet to the POINT OF BEGINNING.
The above described tract contains .066 acres more or less.
TRACT NO. 14A
Temporary Construction Easement
Owner:
Alvin A. Farris & Gloria J. Farris
A tract of land located In the Southwest Quarter (SW%) 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 Northwest comer of said SW/.; thence S 0° 03' 22" W along the West
line of said SW/" a distance of 534.05 feet to the North Right-of-Way line of the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance of 1084.16 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance ot 36.15 feet to the South line of the NW% of said SW/i. of said Section 9; thence N
89044' 43- E along said South line of theNW/i. of the SW/i. of Sedlon 9 a distance of 139.38
feet; thence N 450 16' 57" W a distance of 232.06 feet; thence S 00 03' 22" W a distance of
138.44 feet to the POINT OF BEGINNING, less Tract No. 14.
The above described tract contains .237 acres more or less.
EXHIBIT A
, ,
I
-~
PERMANENT EASEMENT
I Tract No. 14
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Corner
- - - Road Right-of-Way
I Permanent Easement
54.08'
S CJ' 03' 2.2:' W
112.71'
N 45' 16' 57 W
N
36.15'
S 45' 13' 19" E
~
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~ 89" 44' 43"' E
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Scale: 1" =1 00'
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TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 14A
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POINT OF ~
BEGINNING ~
36.15'
S 4S- 13' 19" E
NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Comer
- - - Road Right-of-Way
V / / / A ~~~¿~~~7 Construction
138.44'
S (j 03' 22' W
N
139.38'
N 89" 44' 43"' E
Scale: 1"=100'
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PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
ALVIN A FARRIS and GWRIA J. FARRIS, husband 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.
Alvin A. Farris
Gloria J. Farris
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 Alvin A Farris
and Gloria J. Farris, 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
1111111 BUCHER, WILLIS & RATLIFF
I_'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 14
Permanent Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract of land located in the Southwest Quarter (SWy,,) of Section Nine (9), Township
Fourteen South (14S), Range Two West (2W) ot the Sixth Principal Meridian in Saline County,
Kansas, being more particularty described as tollows:
Commencing at the Northwest comer of said SW%; thenceS 00 03' 22- W along the West
line ot said SW/i. a distance ot 534.05 feet to the North Rlght-Ot-Way line of the Union Pacific
Railroad; thence S 450 13' 19- E along said North Right-Of-Way line a distance ot 1084.16 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 36.15 feet to the South line of the NW/i. of said SW/I. of said Section 9; thence N
890 44' 43. E along said South line of the NW/" of the SW/I. of Section 9 a distance of 54.48
feet; thence N 450 16' 57. W a distance of 112.71 feet; thence S 00 03' 22" W a distance of
54.08 feet to the POINT OF BEGINNING.
The above described tract contains .066 acres more or less.
EXHIBIT A
~
. .
I
-~
PERMANENT EASEMENT
I Tract No. 14
L__-
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POINT OF '\
BEGINNING ~
36.15'
S 4S 13' 19" E
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T1 4S R2W
LEGEND
6
Section Corner
- - - Road Right-of-Way
I Permanent Easement
54.08'
S (j 03' 21' W
112.71'
N 4S- 16' 5/ W
N
Scale: 1"=100'
~
~
~
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~ 8e- 44' 43" E
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TEMPORARY EASEMENT
TIllS INDENTURE, made this - day of ,1992 by and
between ALVIN A FARRIS and GWRIA J. FARRIS, husband and wife, (the
"Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSE1H: 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.
Alvin A. Farris
Gloria J. Farris
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 Alvin A
Farris and Gloria J. Farris, 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 WffNESS 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
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
Temporary Construction Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract of land located In the Southwest Quarter (SW%) 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 Northwest comer of said SW/,,; thence S 00 03' 22" W along the West
line of said SW/4 a distance of 534.05 feet to the North Right-of-Way line of the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-of-Way line a distance of 1084.16 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 36.15 feet to the South line of the NW% of said SW/i. of said Section 9; thence N
890 44' 43" E along said South line of the NW/i. ot the SW/i. of Section 9 a distance 01139.38
feet; thence N 450 16' 57" W a distance of 232.06 feet; thence S 00 03' 22" W a distance of
138.44 feet to the POINT OF BEGINNING, less Tract No. 14.
The above described tract contains .237 acres more or less.
EXHIBIT A
--~
TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 14A
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36.15'
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Comer
- - - Road Right-of-Way
V / / / j ~~~I~~~7 Construction
138.44'
S (]' 03' 2Z' W
N
139.38'
N 89" 44' 43"' E
Scale: 1" =100'
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PERMANENT EASEMENT
THIS INDENTURE, made this J 1~ì day of ~, 1992, by and between
ALVIN A FARRIS and GWRIAJ. FARRIS, husban5andAVife, (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
J:1w.. day Ofjl.-iJ ' 19,92.
STATE OF KANSAS } -(eN)
COUNTY OF SALINE ~
FILED FOR RECORD IN MY OFFICE
OM SEP 1 8 1992 AT .
$: W'CLOCta4.:M. A~ULY RECOREE~ d5"' 3 '/1 !6/. /, ",'
~'r ~T PAGt..< 7- Gloria J. Far .
. REG. OF DEEDS '-/
STATE OF KANSAS, SALINE COUNTY, ss:
~. #,~
Ãlvin A. Farris
BE IT REMEMBERED, that on this '] 1M day of ;).l,t'-¡'A , 1992, before me, the
undersigned, a notary public in and for the county and state á:forlsaid, came Alvin A Farris
and Gloria J. Farris, 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.
"'m£"""""~
,lÅMES ~ÆOl..UNO
A . ~OTARY PUBUC
... STATE o~ 1(f<~~~!~S
. AAnp~c"."C'RC' :3 '-7. ~?S "
_,,___h
.~ ~ J1 ('
.1t1Le-1/ - (1" On.M(,':J---
I Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
"
(' ,
,.'
) .
Mis.:. BL ~1J3 pg':> cJ.~
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 15
Permanent Easement
Owner:
Alvin A. Farns & Gloria J. Farris
A tract ot land located in the Southwest Quarter (SW1fi) ot 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 Northwest comer of said SW%; thence S 00 03' 22- W along the west
line of said SW/", a distance ot 534.05 teet to the North Right-Of-Way line ot the Union Pacific
Railroad; thence S 450 13' 19- E along said North Right-at-Way line a distance ot 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distanCe of 355.93 teet; thence N 00 03' 22- E a distance of 54.08 teet; thence N 450 16' 578
W a distance of 60.25 feet; thence N 450 40' 048 W a distance of 293.36 feet; thence S 0003'
22- W a distance of 50.78 feet to the POINT OF BEGINNING.
The above described tract contains .306 acres more or less.
EXHIBIT A
--~
PERMANENT EASEMENT
I Tract No. 15
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NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T1 45 R2W
LEGEND
6.
Section Comer
- - - Road Right-of-Way
I Permanent Easement
,I. Ji...,¡ J7¿ -'~; SC:IO: '"=100'
'Ô1 ~~~
50.78'
S (j 03' 2Z' W
60.25'
N 4s- 16' 5Î W
POINT OF
BEGINNING
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CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of easements by the Mortgagors
to the City of Salina, Kansas (the "City"), as follows:
1.
and wife.
The name of the Mortgagors are Alvin A Farris and Gloria J. Farris, husband
2.
The name of the Mortgagee is Security Savings and Loan Association.
3. A Mortgage dated July 30, 1979 was recorded at Book 332 of Mortgages,
pages 743-744 of the records of the Register of Deeds of Saline County, Kansas; and an
additional Mortgage dated February 18, 1982 was recorded at Book 444 of Mortgages, pages
220-226.
4.
Mortgagors intend to convey to the City
A. a permanent easement (the "Easement") for the purposes of installing,
repairing, replacing and maintaining public utilities in perpetuity;
B. a temporary easement (the "Easement") for the 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.
Said permanent and temporary easements are more particularly described on the
Engineering Drawing attached as Exhibits A-C to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
Dated this c:!7ZÞ day ~f(27 ' 1992.
STATE OF KANSAS } ss.~N ".. /I SECURITY SA VINGS
COUNTY OF SALINE , -I
FIlED FOR RECORD IN MY. 0 E . ASSQ ATION
OM- SEP 1 8 1992. AT
ø: 2QO'CLOCJ<!M. AC RECORDED." I -3 S'd by
~~o;;,r 4iJ:!-REG. ~n~~~
STATE OF KANSAS, COUNTY OF SALINE, ss:
AND
LOAN
k
BE IT REMEMBERED, that on thiso?~ day of
un~signed, a n~ublic in and for the coun an
-I:CÞ/~ p. ~ , ~ .
, 1992, before me, the
state aforesaid, came
. of Security
J
\!i~c.B~. ~_Pg~
Savings and Loan Association who is personall~o me)o b~ ~ame person who
executed the foregoing Consent to Easement as ... :2I~-'-.J 'dÆ~_4d of said
corporation, and said person duly acknowledged the execution of the same as the act of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
.e. WANDA R. MARKLEY
NoIIrr NIII- -..-
- AppI. ...... -.3 - / -
~......~dv /)t;/;'!J=
.... ~d__;;{. :/
( Nota ublic
-2-
, > ",
Mi~. qrc L{?/ Pg 353.
1111111 BUCHER, WILLIS & RATLIFF
11'1'1..... ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 15
Permanent Easement
Owner:
Alvin A. Fanis & Gloria J. Farris
A tract of land located in the Southwest Quarter (SW%) 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 Northwest comer of said SW/4; thence S 00 03' 22" W along the west
line of said SW1/i., a distance of 534.05 feet to the North Right-at-Way line ot the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance of 728.23 teet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-of-Way line a
distance of 355.93 feet; thence N 00 03' 22" E a distance of 54.08 feet; thence N 450 16' 57"
W a distance of 60.25 feet; thence N 450 40' 04" W a distance of 293.36 feet; thence S 00 03'
22" W a distance of 50.78 feet to the POINT OF BEGINNING.
The above described tract contains .306 acres more or less.
TRACT NO. 15A
Temporary Construction Easement
Owner.
Alvin A. Fanis & Gloria J. Farris
A tract of land located In the Southwest Quarter (SW%) of Section Nlnef9), 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 Northwest comer of said SW/4; thence S 0° 03' 22" W along the west
line of said SW1/", a distance of 534.05 feet to the North Right-Of-Way line of the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance of 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19" E along said North Right-Of-Way line a
distance of 355.93 feet; thence N 00 03' 22" E a distance of 138.44 feet; thence N 450 16' 57"
W a distance of 1.16 feet; thence N 450 40' 04" W a distance of 352.07 feet; thence S 00 03'
22" W a distance of 134.58 feet to the POINT OF BEGINNING, less Tract No. 15.
The above described tract contains .487 acres more or less.
EXHIBIT A
- I
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--~
PERMANENT EASEMENT
I Tract No. 15
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---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Comer
- - - Road Right-of-Way
I Permanent Easement
50.78'
S (1 03' 2:2' W
60.25'
N 45 1 6' 57 W
POINT OF
BEGINNING
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TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 15A
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T1 4S R2W
LEGEND
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Section Corner
- - - Road Right-ot-Way
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S 0' 03' 2-r' W
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POINT OF
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AGREEMENT
This Agreement is made this :J '3/\..,) day of eJ.-u.-..-t;z, , 1992, by and between
ALVIN A FARRIS and GWRIA J. FARRIS, husmilid and wife, hereinafter referred to
as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation,
hereinafter referred to as the "City."
REClT 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 ~he 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 Three Thousand One Hundred Forty-six and 56/100 Dollars ($3,146.56) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.306 acres at $300 per acre)
$ 91.80
2.
Temporary Easement
(.487 acres at $250 per acre)
121.75
3.
Damages to remaining property
(Loss of crops $259.54; reseeding
2.933.01
alfalfa $200; temporary fence $880.08;
permanent fence $1,293.39; 2 metal gates
$300)
Total Compensation
$3,146.56
C. Permanent and Temporary 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: a 1988 Personal Property
Tax Warrant No. 1146 in the amount of $31.29 plus interest and costs; a Mortgage in
favor of Security Savings and Loan Association dated July 30, 1979 and recorded in
Mortgage Book 332, pages 743-744 in the office of the Register of Deeds of Saline
County, Kansas; and a Mortgage in favor of Security Savings and Loan Association dated
February 18, 1982 and recorded in Mortgage Book 444, pages 220-226 in the office of
the Register of Deeds of Saline County, Kansas.
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
At closing the Grantor shall:
CÞ-f'<'<-U :::! 5, f tit:L
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,
-2-
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written. .
L/~
,..~ ß. r-~
Alvin A. Farris
Social Sec. rrax ID No. 5/3... .y'~ - () ,/q/
Gloria J. Farris.
Social Sec. rrai/ID No, 1í I ~ ~. ~y f¿J .2
CITY OF SALINA, KANSAS
ì~
By4AA.
Dennis M. Kissingët ./ 7
City Manager
-3-
...
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 15
Permanent Easement
Owner:
Alvin A. Fanis & Gloria J. Fanis
A tract ot land located in the Southwest Quarter (SWy,,) 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 Northwest comer of said SW%; thence S 00 03' 22- W along the west
line of said SW1/i., a distance ot 534.05 feet to the North Right-Of-Way line ot the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance of 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 355.93 feet; thence N 00 03' 22" E a distance of 54.08 feet; thence N 450 16' 57"
W a distance of 60.25 feet; thence N 450 40' 04" W a distance of 293.36 feet; thence S 00 03'
22" W a distance of 50.78 feet to the POINT OF BEGINNING.
The above described tract contains .306 aaes more or less.
TRACT NO. 15A
Temporary Construction Easement
Owner.
Alvin A. Fanis & Gloria J. Farris
A tract of land located In the Southwest Quarter (SW'/i.) 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 Northwest comer of said SW/4; thence S 00 03' 22" W along the west
line of said SW/4, a distance of 534.05 feet to the North Right-of-Way line of the Union Pacific
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance of 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 355.93 feet; thence N 00 03' 22" E a distance of 138.44 feet; thence N 450 16' 57"
W a distance of 1.16 feet; thence N 450 40' 04" W a distance of 352.07 feet; thence S 00 03'
22" W a distance of 134.58 feet to the POINT OF BEGINNING, less Tract No. 15.
The above described tract contains .487 aaes more or less.
EXHIBIT A
--~
PERMANENT EASEMENT
I Tract No. 15
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---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Comer
- - - Road Right-of-Way
( Permanent Easement
50.78'
S (f 03' 21' W
60.25'
N 4S 1 6' 5Î W
POINT OF
BEGINNING
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54.08'
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TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 15A
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---
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SW1 4 Sec. 9
T14S R2W
LEGEND
6
Section Corner
- - - Road Right-of-Way
V / / / ~ ~~r;:~~~7 Construction
134.58'
S (1 03' 22:' W
1.16'
N 45" 1 6' 57 W
POINT OF
BEGINNING
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PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
ALVIN A FARRIS and GWRIAJ. FARRIS, husband 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.
Alvin A. Farris
Gloria J. Farris
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 Alvin A Farris
and Gloria J. Farris, 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.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
Exhibit D
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 15
Permanent Easement
Owner:
Alvin A. Fanis & Gloria J. Farris
A tract of land located in the Southwest Quarter (SW%) ot 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 Northwest comer of said SWy,,; thence S 00 03' 22- W along the west
line of said SW/i., a distance of 534.05 feet to the North Right-Of-Way line ot the Union Pacitlc
Railroad; thence S 450 13' 19" E along said North Right-Of-Way line a distance ot 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 355.93 feet; thence N 00 03' 22- E a distance of 54.08 feet; thence N 450 16' 5T
Wa distance of 60.25 feet; thence N 450 40' 04- W a distance of 293.36 feet; thence S 00 03'
22- W a distance ot 50.78 feet to the POINT OF BEGINNING.
The above described tract contains .306 acres more or less.
EXHIBIT A
--I
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"" "" I ~I; I
I I
I
--~
PERMANENT EASEMENT
I Tract No. 15
L__-
NORTH STREET-
---
NW Cor. of
SW1 4 Sec. 9
T14S R2W
LEGEND
.6
Section Comer
- - - Road Right-of-Way
I Permanent Easement
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50.78'
S 0" 03' 2X' W
60.25'
N 4S 1 6' 57 W
POINT OF
BEGINNING
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Scale: 1" =1 00'
54.08'
N 0" 03' 22:' E
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TEMPORARY EASEMENT
TIllS INDENTURE, made this - day of , 1992 by and
between ALVIN A FARRIS and GWRIA J. FARRIS, husband and wife, (the
"Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSETH: 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.
Alvin A. Farris
Gloria J. Farris
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 Alvin A
Farris and Gloria J. Farris, 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
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1111111 BUCHER, WILLIS & RATLIFF
11'1'1..... ENGINEERS. PLANNERS. ARCHiTECTS
1 RA(j I NU. l::>A
Temporary Construction Easement
Owner.
Alvin A. Farris & Gloria J. Farris
A tract of land located In the Southwest Quarter (SW1/i.) of Section Nine 19), 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 Northwest comer of said SW'/,,; thence S 00 03' 22- W along the west
line of said SW'/", a distance of 534.05 feet to the North Right-of-Way line of the Union Pacific
Railroad; thence S 45° 13' 19- E along said North Right-Of-Way line a distance of 728.23 feet
to the POINT OF BEGINNING; thence S 450 13' 19- E along said North Right-Of-Way line a
distance of 355~93 feet; thence N 00 03' 22- E a distance of 138.44 feet; thence N 450 16' 57"
W a distance of 1.16 feet; thence N 450 40' 04- W a distance of 352.07 feet; thence S 00 03'
22- W a distance of 134.58 feet to the POINT OF BEGINNING, less Tract No. 15.
The above descrIbed tract contains .487 acres more or less.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 15A
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NORTH STREET-
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LEGEND
D.
Section Corner
- - - Road Right-ot-Way
V / / / ~ ~~~;>~~~7 Construction
134.58'
S cr 03' 22"' W
1.16'
N 4S- 16' 57 W
POINT OF
BEGINNING
Scale: 1" =1 00'
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