SW4-9-T14S-R2W (NW Corner) (2)
"
Misc. Bk Ll~~ p¡¡ .)~
PERMANENT EASEMENT
TIllS INDENTURE, made this S:¿tL day of~, 1992, by and between
DAVID H. ClARK and MARY L CLARK, husband-~(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
S'~day of Gv;fU.lL, 1992.
! iÁ-f fIfJlj) fMTJ
David H. Clark
~J------~~""
> LARRY MUFF r
NOTARY PUBLIC
STATE OF KANSAS
My Ap point",m",e ,n,t ~'-'x P,lr.~,s,.' J'"
-'?' - ,. - y ¿; .
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ay of ~~' 1992, before me, the
undersigned, a notary public in and for the county and state afore Id, came David H. Garle,
and Mary L Garle, 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.
~
-' :;7/ /
----.:? /Afrj
-=-- /" otary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
(/
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~
Mi~c, at< -~ PH 351
IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS I ARCHI'TECTS
. .
TRACT NO. 16
Permanent Easement
Owner:
David H. Clark & Mary L Clark
A tract of land located In the Southwest Quarter (SW1f.) 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' 228 W along the West
line of said SWv. a distance of 486.07 feet to the POINT OF BEGINNING; thence S 00 03' 22"
W along the West line of said SW;' a distance of 47.98 feet to the North Right-Of-Way line of
the Union Pacific Railroad; thence S 45° 13' 198 E along said North Right-Of-Way line a
distance of 728.23 feet; thence N 0° 03' 22" E a distance of 50.78 feet; thence N 45° 40' 048
W a distance of 306.63 feet; thence N 45° 10' 068 W a distance of 419.64 feet to the POINT
OF BEGINNING.
The above described tract contalns.574 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
I Tract No.1 6
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NORTH STREET-
---
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NW Cor. of
SW1 4 Sec. 9
T1 4S R2W
LEGEND
D
Section Corner
47.98'
S (j 03' 2:t' W
POINT OF
BEGINNING
- - - Road Right-of-Way
I Permanent Easement
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STATE OF KANSAS } al)
COUNTY OF SALINE 55., .
fiLED FOR RECORD IN MY. OFfiCE
ON SfP 1 8 1992, AT
~S;.aß)ICLOCKÂ:M. A~¿~RECORDED 3r-~
vo~~ . TPAGL:F~- >,
1M ,C; REG. OF DEEDS
50.78'
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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.
The name of the Mortgagors are David H. Oark et at.
2.
The name of the Mortgagee is First Bank & Trust Co.
3. Mortgages dated August 25, 1988 were recorded at Book 406 of Mortgages,
pages 663-666 and 731-732 in the records of the Register of Deeds of Saline County, Kansas.
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 Drawings attached as Exhibit 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!!l1.. day of ~.t«-f7, 1992.
STATE OF KANSAS } . - (t 1+\.+ -
COUNTY OF SALINE ss., \L"4..¡-J -f FIRST BANK & TRUST CO. .. /'/7--
FILED FOR RECORD IN MY OFFICE /'
/
ON SEP 1 6 1992 AT b~~~
~'qQj)'cLOCKilM. A~.UlY RECORDED".... 3~~ Thomas J. Runyon .
VOL ~o~ T PASL!.! ~ 0'
Uu' ~ REG. OF DEEDS
ST TE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this~day of;!",! {{ J ~ 1992, before me, the
undersigned, a notary public in and for the county t and state aforesaid, came
Thomas J. Runyon , Executive Vice President of First
Bank & Trust Co., who is personally known to me to be the same person who executed the
foregoing Consent to Easement on behalf of said mortgagee and said person duly
acknowledged the execution of the same as the act of said mortgagee.
., '.
. ~- :".._.3fn ~
IN WITNESS WHEREOF, I have hereunto set qIY hand and affixed my notarial seal
the day and year last above written. ~ J ~
' - Nota Public
.&.. GLEN E, STEYER
Notary Public . ..... aI""
MyAppt.Exp1rw8 " .1 'i,'j f';
-2-
,
. - .
,
Misc, 81\ ,U{..!J. rg ~
II11I1I BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS. ARCHI'TECTS
TRACT NO. 16
Permanent Easement
Owner:
David H. Clark & Mary L. Clark
A tract of land located In the Southwest Quarter (SWI.) 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 SWI.; thence S 0° 03' 228 W along the West
line of said SWv. a distance of 486.07 feet to the POINT OF BEGINNING; thence S 0° 03' 22"
W along the West line of said SWII, a distance of 47.98 feet to the North Right-Of-Way line of
the Union Pacific Railroad; thence S 45° 13' 198 E along said North Right-Of-Way line a
distance of 728.23 feet; thence N 0° 03' 22" E a distance of 50.78 feet; thence N 45° 40' 04"
W a distance of 306.63 feet; thence N 45° 10' 06" W a distance of 419.64 feet to the POINT
OF BEGINNING.
The above described tract contalns..57 4 acres more or less.
TRACT NO. 16A
Temporary Construction Easement
Owner:
David H. Clark & Mary L Clark
'-..
A tract of land located In the Southwest Quarter (SWv.) 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' 228 W along the West
line of said SW/. a distance of 457.90 feet to the POINT OF BEGINNING; thence S 0° 03' 22"
W along the West line of said SW/. a distance of 76.15 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; thence N 0° 03' 228 E a distance of 106.65 feet; thence N 45° 40' 04"
W a distance of 267.67 feet; thence S 43° 34' 58" W a distance of 20.00 feet; thence N 45°
10' 068 W a diStance of 439.53 feet to the POINT OF BEGINNING, less Tract No. 16 and less
Road Right-Of-Way.
The above described tract contains .441 acres more or less.
EXHIBIT A
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S 0" 03' 2Z' W
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PERMANENT EASEMENT
I Tract No.1 6
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NORTH STREET'-
NW Cor. at
SW1 4 Sec. 9
T1 4S R2W
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LEGEND
D
Section Corner
--
Road Right-at-Way
( Permanent Easement
POINT OF
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TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 16A
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AGREEMENT
This Agreement is made this S-tR day of ~.Lf~1 ' 1992, by and between
DAVID H. ClARK and MARY L CLARK, husband 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 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 Six Thousand Seven Hundred Twenty and 74/100 Dollars ($6,720.74) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.574 acres at $300 per acre)
$ 172.20
2.
Temporary Easement
(.441 acres at $250 per acre)
110.25
..
3.
Damages to remaining property
(Temporary fence $2,181.60; permanent
fence $2,184.69; 2 elm trees $250; 10
red cedar trees $420; feed bunk $350;
moving 2 metal gates $100; rock drive
$200; moving storage tank $500; reseeding
brome $227; loss of pasture rent $25)
6.438.29
Total Compensation
$6,720.74
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 two (2) Mortgages dated
August 25, 1988 from David H. Clark et al. to First Bank and Trust Co., one recorded in
Mortgage Book 406, pages 663-666, and the other recorded in Mortgage Book 406, pages
731- 732 in the records 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:
~úlfu.Þ~ s, f qt[>.. .
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 WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
v flJ IØ ßJ jUAiJ
David H. Clark
Social Sec. No.~~ '2.3
~~¿ ~1./
Social Sec. No. ~ /:L .ó g.. :.3.5 r¡
CITY OF SALINA, KANSAS
By
Dennis M. Kissing r,
City Manager
-3-
.. .
111I1I1 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS I ARCHI'TECTS
TRACT NO. 16
Permanent Easement
Owner:
David H. Clark & Mary L. Clark
A tract of land located In the Southwest Quarter (SW1f.) 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 SWI.; thence S 0° 03' 22" W along the West
line of said SW1f. a distance of 486.07 feet to the POINT OF BEGINNING; thence S 0° 03' 228
W along the West line of said SW/. a distance of 47.98 feet to the North Right-Of-Way line of
the Union Pacific Railroad; thence S 450 13' 198 E along said North Right-Of-Way line a
distance of 728.23 feet; thence N 00 03' 228 E a distance of 50.78 feet; thence N 45° 40' 04"
W a distance of 306.63 feet; thence N 450 10' 06" W a distance of 419.64 feet to the POINT
OF BEGINNING.
The above described tract contains .574 acres more or less.
TRACT NO. 16A
Temporary Construction Easement
Owner:
David H. Clark & Mary L Clark
',-
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 particularty 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 457.90 feet to the POINT OF BEGINNING; thence S 00 03' 22"
W along the West line of said SW/. a distance of 76.15 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; thence N 00 03' 228 E a distance of 106.65 feet; thence N 45040' 04"
W a distance of 267.67 feet; thence S 430 34' 5S8 W a distance of 20.00 feet; thence N 450
10' 068 W a diStance of 439.53 feet to the POINT OF BEGINNING, less Tract No. 16 and less
Road Right-Of-Way.
The above described tract contains .441 acres more or less.
EXHIBIT A
,
, .
PERMANENT EASEMENT
I Tract No.1 6
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---
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SW1 4 Sec. 9
T1 4S R2W
LEGEND
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- - - Road Right-of-Way
I Permanent Easement
47.98'
S (]' 03' 2:t' W
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TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 16A
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SW1 4 Sec. 9
T14S R2W
LEGEND
76.15'
S (]' 03' 2:t' W
POINT OF
BEGINNING
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- - - Road Right-of-Way
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PERMANENT EASEMENT
TIllS INDENTURE, made this ~ day of ~ ' 1992, by and between
DAVID H. ClARK and MARY L CLARK, husband and wife, (the "Grantor"), and the
CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSETIf: 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.
~ : ~ ~:Z~F, the Grantor has signed this Permanent Easement this
f1J fI{?ßJ< h11,o
David H. Clark
~~ eX !:øa&
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 David H. Garle,
and Mary L Garle, 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.
~+.r:t~~:~T~~~t~~~~
S'f.~. l;'r:',<' '!,. tì
Sf;\iAr"~¡",""'r. h
---~-~~£~'~,~,:i~; , ~.
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
-2c7if~
~ ' "táry Public
Exhibit D
..
I11I1I1 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS I ARCHI'TECTS
TRACT NO. 16
Permanent Easement
Owner:
David H. Clark & Mary L Clark
A tract of land located In the Southwest Quarter (SWA) 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 SWI.; thence S 00 03' 228 W along the West
line of said SWv. a distance of 486.07 feet to the POINT OF BEGINNING; thence S 00 03' 228
W along the West line of said SW/. a distance of 47.98 feet to the North Right-Of-Way line of
the Union Pacific Railroad; thence S 450 13' 198 E along said North Right-Of-Way line a
distance of 728.23 feet; thence N 00 03' 22" E a distance of SO.78 feet; thence N 450 40' 04"
W a distance of 306.63 feet; thence N 450 10' 06" W a distance of 419.64 feet to the POINT
OF BEGINNING.
The above described tract contains .574 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
I Tract No.1 6
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NORTH STREET-
---
NW Cor. of
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T1 4$ R2W
LEGEND
6.
Section Corner
POINT OF
BEGINNING
- - - Road Right-of-Way
I Permanent Easement
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TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and
between DAVID H. ClARK and MARY L CLARK, 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 wrrNESS WHEREOF, the Grantor have signed this Temporary Easement
this - day of , 1992.
~~Mð
David H. Clark
~~ 0( £/ad/
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this L day of / c¡ , 1992, before me, the
undersigned, a notary public in and for the county and state 'aforesaid, came David H.
Oark and Mary L Garle, 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.
. R'! v,,, ~ ~ /
:1 ,..,~~O:~R~ .,.,;:~i. .'. ¡ _C~.~ L--'----
ì¡~"AL'IL""",'jA:r " (ota.yVublic
[A ~~~j, questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
Exhibit E
'.
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS I PLANNERS I ARCHI'TECTS
TRACT NO. 16A
Temporary Construction Easement
Owner:
David H. Clark & Mary L Clark
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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 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 457.90 feet to the POINT OF BEGINNING; thence S 00 03' 228
W along the West line of said SW/. a distance. of 76.15 feet to the North Right-of-Way line of
the Union Pacific Railroad; thence S 450 1"3' 19" E along said North Right-of-Way line a
distance of 728.23 feet; thence N 00 03' 228 E a distance of 106.65 feet thence N 450 40' 04"
W a distance of 267.67 feet; thence S 430 34' 58" W a distance of 20.00 feet; thence N 450
10' 068 W a diStance of 439.53 feet to the POINT OF BEGINNING, less Tract No. 16 and less
Road Right-Of-Way.
The above descr1bed tract contains .441. aaes more or less.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
I Tract No. 16A
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76 15'
S 0" 03' 2Z' W
NORTH STREET-
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NW Cor. of
SW1 4 Sec. 9
T1 4S R2W
LEGEND
POINT OF
BEGINNING
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Section Corner
- - - Road Right-of-Way
V / / / ~ ~~~t~~~7 Construction
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20.00'
S 4:r 34' 5
W
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Scale: 1" = 100'
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