SW4-16-T14S-R2W
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PERMANENT EASEMENT
THIS INDENTURE, made this ~ day of ~, 1992, by and between
WILLOWDALE FARM, a general partnership consiStiDgOlDEIMAS A JACKSON,
JAMES N. RUSSElL and JOAN S. UVlNGSTON, copartners, (ItGrantorlt), and the CITY
OF SALINA, KANSAS, a municipal corporation (the ItCitylt).
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 ~state 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.
STr".,rt:: OF KANSAS I 't\ I ì
COUNTY OF SALINE 55. '---- I \/ .
FILED FOFi RECORD IN MY OFFICE WILLOWDALE FARM, a general partnership
ON SEP 2 4 1992 AT .... /'.
t:Q!1.0'CLOC~1n. A~/ECORDED 'f ïD By~ 4:l ~ -,( . > -
~~~REG. 6:~~¡~t{ g - 5 Delmas A. Jackson, General Partner
STA OF .k"JC\ t}.s~-s, ..5AL..IA7L 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 a£ resaid, came Delmas A
Jackson, a general partner of Willowdale Farm who is personally known to me to be the
same person who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
~~~.r;:'Þ" GAY L. DRISCOLL
,~ It!: ~ State of Kansas
E:f~'l1t My þ,ppt. Exp. Oct. 28, 1994
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Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
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Iltllilit BUCHER, WilliS & RATLIFF
11t'1'1a.... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.4
Pennanent Easement
Owner.
Wlllowdale Fanns
A tract of land located In the Southwest Quarter (SW1A) of Section Sixteen (16), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, In Saline County,
Kansas; being more particularly described as follows:
Commencing at the Southwest comer of said Southwest Quarter; thence N 89° 38' 48- E
along the South line of said section a distance of 1604.69 feet; to the POINT OF BEGINNING;
thence N 0° 30' 53- E a distance of 118.83 feet; thence N :r' 24' 31- W a distance of 785.65
feet; thence S 89° 09' 49- E a distance of 30.08 feet; thence S 3° 24' 31- E a distance of
784.45 feet; thence S ()o 30' 53- W a distance of 119.40 feet to the South line of said SW'A;
thence S 8go 38' 48- W along the South line of said SW'A a distance of 30.00 feet tothe'-
POINT OF BEGINNING.
The above described tract contains .623 aaes more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No.4
N
30.08'
S 89" 09' 4
E
Scale: 1" =100'
LEGEND
~
Section Comer
- - - Road Right-ot-Way
I Permanent Easement
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fo,)OD
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VI 01
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EXHIBIT B
, 18.83'
N (j 30' 53"' E
1604.69'
/$ N 89'38' 48" E CRAWFORD ST.
(Otlf L~ - - - - - - - - - - -
SW Cor. of
SW1/4. Sec. 16
T1 4S R2W
POINT OF
BEGINNING
, '9.40'
S (j 30' 53"' w
30.00'
S 89" 38' 48'" W
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'.
AGREEMENT
This Agreement is made this tO~ day of ~, 1992, by and between
WILLOWDALE FARM, a general partnership co~EIMAS A JACKSON,
JAMES N. RUSSElL and JOAN S. UVlNGSTON, copartners, 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 Exhibit A-C, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Two Thousand One Hundred Thirty-two and 08/100 Dollars ($2,132.08) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.623 acres at $1250 per acre)
$ 778.75
2.
Temporary Easement
(1.597 acres at $625 per acre)
998.13
3.
Damages to remaining property
(loss of crops)
355.20
Total Compensation
$2,13208
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 permanent and temporary
easements described in paragraph (A) are subject to mortgage or other liens are
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:
Ch~v,-v 10, ) 9 tì ).-
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 number or tax
identification number,
at which time the City shall pay Grantor the total compensation set forth in paragraph
(B) above.
G. Nonassignable. Grantor's rights under this Agreement shall not be assigned
without the prior written consent of the City.
-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 WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
WILLOWDALE FARM, a general partnership
By ~::~r
Soc. Sec. {fax ID No. ¥á'... 0'7 ,CJ,AO4
CITY OF SALINA, KANSAS
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1811118 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.4
Penn anent Easement
Owner.
Willowdale Fanns
A tract of land located In the Southwest Quarter (SW1,4) of Section Sixteen (16), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, In Saline County,
Kansas; being more partlcularty described as follows:
Commencing at the Southwest comer of said Southwest Quarter; thence N 89° 38' 488 E
along the South line of said section a distance of 1604.69 feet; to the POINT OF BEGINNING;
thence N 0° 30' 538 E a distance of 118.83 feet; thence N 3° 24' 318 W a distance of 785.65
feet; thence S 89° 09' 498 E a distance of 30.08 feet; thence S 3° 24' 318 E a distance of
784.45 feet; thence S 0° 30' 538 W a distance of 119.40 feet to the South line of said SWI,4;
thence S 89° 38' 488 W along the South line of said SWI,4 a distance of 30.00 feet to the'-
POINT OF BEGINNING.
The above described tract contains .623 aaes more or less.
TRACT NO. 4A
Temporary Construction Easement
Owner:
Willowdale Fanns
A tract of land located in the Southwest Quarter (SW1,4) of Section Sixteen (16), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian. in Saline County,
Kansas; being more partlcularty described as follows:
Commencing at the Southwest comer of said Southwest Quarter; thence N 89° 38' 488 E
along the South line of said section a distance of 1554.69 feet; to the POINT OF BEGINNING;
thence N 0° 30' 538 E a distance of 117.87 feet; thence N 3° 24' 318 W a distance of 787.65
feet; thence S 89° 09' 498 E a distance of 110.30 feet; thence S ~ 24' 318 E a distance of
783.25 feet; thence S 0° 30' 538 W a distance of 119.97 feet to the South line of said SWI/4;
thence S 89° 38' 488 W along the South line of said SWI,4 a distance of 110.01 feet to the
POINT OF BEGINNING, less Tract No.4 and less road Right-of-Way.
The above described tract contains 1 .597 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No.4
N
30.08'
S 89" 09' 4
Scale: 1" = 100'
LEGEND
Section Comer
- - - Road Right-of-Way
I Permanent Easement
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18.83'
N (J' 30' 53" E
SW Cor. of
SW1/4, Sec. 16
T1 4S R2W
POINT OF
BEGINNING
-------
1604.69'
N 89'38' 48" E
CRAWFORD ST.
E
EXHIBIT B
, 19 40'
S (J' 30' 53" w
30.00'
S 89" 38' 48" W
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 4A
N
110.30'
S 89" 09' 4
Scale: ," =100'
LEGEND
.6
Section Comer
- - - Road Right-of-Way
V / / / ~ ~~~f~~~7 Construction
117.87'
N (J' 30' 53"' E
SW Cor. of
SW1 /4, Sec. '6
T1 4S R2W
----
1554.69'
N 89'38'48" E
CRAWFORD ST.
E
EXHIBIT C
119.97'
S (j 30' 53"' w
110.01'
S 89" 38' 48" W
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PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
WILLOWDALE FARM, a general partnership consisting of DEIMAS A JACKSON,
JAMES N. RUSSElL and JOAN S. UVlNGSTON, copartners, ("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.
WILLOWDALE FARM, a general partnership
By:
Delmas A. Jackson, General Partner
STATE OF
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 Delmas A
Jackson, a general partner of Willowdale Farm who is personally known to me to be the
same person who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same on behalf of the corporation.
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
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1811118 BUCHER, WILLIS & RATLIFF
18'1'1a.... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.4
Penn anent Easement
Owner:
Wlllowdale Fanns
A tract of land located In the Southwest Quarter (SW1.4) of Section Sixteen (16), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, In Saline County,
Kansas; being more partlcularty desaibed as follows:
Commencing at the Southwest comer of said Southwest Quarter; thence N 89° 38' 48- E
along the South One of said section a distance of 1604.69 feet; to the POINT OF BEGINNING;
thence N 0° 30' 53- E a distance of 118.83 feet; thence N 3° 24' 31- W a distance of 785.65
feet; thence S 8go 09' 49- E a distance of 30.08 feet; thence S 3° 24' 31- E a distance of
784.45 feet; thence S 00 30' 53- W a distance of 119.40 feet to the South line of said SW1.4;
thence S 89° 38' 48- W along the South line of said SW/4 a distance of 30.00 feet to the-
POINT OF BEGINNING.
The above desaibed tract contains .623 aaes more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No.4
N
Scale: ," ='00'
LEGEND
Section Comer
- - - Road Right-of-Way
I Permanent Easement
118.83'
N (]' 30' 53" E
SW Cor. of
SW1/4. Sec. 16
T1 4S R2W
POINT OF
BEGINNING
30.08'
S 89" 09' 4
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1604.69'
N 89'38' 48" E
CRAWFORD ST.
E
EXHIBIT B
119.40'
S (j 30' 53" w
30.00'
S 89" 38' 48'" W
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TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and
between WILLOWDALE FARM, a general partnership consisting of DELMAS A
JACKSON, JAMES N. RUSSElL and JOAN S. UVlNGSTON, copartners, (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 WffNESS WHEREOF, the Grantor have signed this Temporary Easement
this - day of , 1992.
WILLOWDALE FARM, a general partnership
By:
Delmas A Jackson, General Partner
STATE OF
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 Delmas A
Jackson, a general partner of Willowdale Farm, who is personally known to me to be the
same person who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same on behalf of the partnership.
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
"
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1811118 BUCHER, WILLIS & RATLIFF
18'1'1..... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 4A
Temporary Construction Easement
Owner:
Willowdale Fanns
A tract of land located In the Southwest Quarter (SW1/¿) of SectIon Sixteen (16), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, In Saline County,
Kansas; being more particulariy described as follows:
Commencing at the Southwest comer of said Southwest Quarter; thence N 89° 38' 488 E
along the South line of said section a distance of 1554.69 feet; to the POINT OF BEGINNING;
thence N 0° 30' 538 E a distance of 117.87 feet; thence N 3° 24' 318 W a distance of 787.65
feet; thence S 89° 09' 498 E a distance of 110.30 feet; thence S 3" 24' 318 E a distance of
783.25 feet; thence S 0° 30' 538 W a distance of 119.97 feet to the South line of said SW1/4;
thence S 89° 38' 488 W along the South line of said SW1,4 a distance of 110.01 feet to the
POINT OF BEGINNING. less Tract No.4 and less road Right-of-Way.
The above described tract contains 1.597 acres more or less.
EXHIBIT A
(
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 4A
N
Scale: 1" =1 00'
LEGEN D
.6.
Section Comer
- - - Road Right-of-Way
V / / / ~ ~~~.f~~~7 Construction
117.87"
N (j 30" 53"" E
SW Cor. of
SW1/4, Sec. 16
T14S R2W
POINT OF
BEGINNING
----
1554.69'
N 89'38'48" E
CRAWFORD ST.
110.30"
S 89" Og" 4
E
Exhibit B
119.97'
S cr 30" 53"" W
110.01'
S Sg- 38" 48"" W
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