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SW4-16-T14S-R2W (Tract 5) .r J Mi~c. Rk ..k5'~ I'g4 PERMANENT EASEMENT THIS INDENTURE, made this drU,- day of ~ ' 1992, by and between GERAlD E. ECK and G. MARlENE Eel{, husband" d . e, (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 2C({ß... day of ~~ ' 1992. ~"u~ =UNE r S1f~ kj ) FILED fOR RECORD IN MY OFFICE ON SEP 1 Q 1992 AT ~¥~~~, f:~~, «fc1~1 jjMar~J~~L'CZ ¿c k~ EG. OF DEEDS STATE OF KANSAS, SALINE COUNTY, ss: ~~LJ: Gerald E. Eck ~. Gci BE IT REMEMBERED, that on this ;; ý't¥.... day of ~ ,1992, before me, the undersigned, a notary public in and for the county and state for. said, came Gerald E. Eck and G. Marlene Eck, 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. ~",'~e-;""'"""'W_""-""""~-';;"""""""':;~l Ii .wilES SVÆOumo I j NOTÞ.RY POIUC I~ &TATE OF' I(ANSAS ';:;Y APPr. "" l,~.:':::.: - '3 .=~, ~ J5~J '1 d ~ (' (CVV\LJ..z,..j J.--G . "kt<'-,. ( Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A 79- 1437e(a)(13)] , f AGREEMENT This Agreement is made this :J r¡U.... day of ~, 1992, by and between GERAlD E. ECK and G. MARlENE Eel{, 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 Nine Thousand One Hundred Seventy-five and 57/100 Dollars ($9,175.57) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1.252 acres at $1,250 per acre) $1,565.00 2. Temporary Easement (3.330 acres at $625 per acre) 2,081.25 3. Damages to remaining property (Loss of crops $440; loss of small pine trees $5,089.32) 5.529.32 Total Compensation $9,175.57 C. Permanent and Temporal)' 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: . 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 ~~ ,(7,-29, / 'Î i/ 2 - At closing the Grantor shall: . 1. deliver to the City the fully executed and acknowledged Permanent and Temporary Easement Documents, 2. deliver to the City any necessary consent to easement documentation, 3. provide the City with any other necessary information such as Grantor's current mailing address and social security numbers 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. ~-L>-C¿L;, __LQ ~. ~(1 1Z ( '~E.Eck Social Sec. No. _?I 3 ---:;ç4~5"1-¿D 1) < 7J}tU_êt4<.L t:ct, / G. Marlenè Eck Social Sec. No. Scq- ,3¿ ~ () ~-s-4 CITY OF SALINA, KANSAS By ~M~ Dennis M. Kissing, /, City Manager -3- 1811118 BUCHER, WilliS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.5 Pennanent Easement Owner: Gerald E. & G. Mar1ene Eel< 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 partiaJlarty described as follows: Commencing at the Northwest comer of said Southwest Quarter, thence N 89° 39' 26" E along the North line of said SW1A a distance of 1633.25 feet to the POINT OF BEGINNING; thence N 89° 39' 26" E a distance of 48.97 feet; thence S 51° 52' 24" W a distance of 217.01 feet; thence S 1° 14' 21" E a distance of 589.62 feet; thence S 3° 24' 31" E a distance of 1015.86 feet; thence N 89° 09' 49" W a distance of 30.08 feet; thence N 3° 24' 31" W a distance of 1014.20 feet; thence N 1° 14' 21" Wa distance of 605.18 feet; thence N 51° 52' 24" E a distance of 193.31 feet to the POINT OF BEGINNING. . The above described tract contains 1.252 acres more or less. TRACT NO. 5A Temporary Construction Easement Owner: Gerald E. & G. Marlene Eck 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 partiaJlarIy described as follows: Commencing at the Northwest comer of said Southwest Quarter, thence N 89° 39' 26" E along the North line of said SW1A a distance of 1551.64 feet to the POINT OF BEGINNING; thence N 89° 39' 26" E a distance of 179.53 feet; thence S 51° 52' 24" W a distance of 240.71 feet; thence S 1° 14' 21" E a distance of 574.06 feet; thence S 3° 24' 31" E a distance of 1017.52 feet; thence N 89° 09' 49" W a distance of 110.30 feet; thence N 3° 24' 31" W a distance of 1011.44 feet; thence N 10 14' 21" W a distance of 631.12 feet; thence N 510 52' 24" E a distance of 153.79 feet to the POINT OF BEGINNING. less Tract No.5. The above described tract contains 3.330 acres more or less. EXHIBIT A 3O.0S' N 81T 09' 4~ w LEGEND L:l Section Comer - - - Road Right-ot-Way ~- I Permanent Easement PERMANENT EASEMENT Tract No.5 -------- HOLMES ROAD ---- Scale: 1'-100' ~ :z: .~ :q ~ 1')01 1')1') '" ~¡" '" Z <'< E-< H <'< H ~ ~ TEMPORARY CONSTRUCTION EASEMENT Tract No. SA -------- HOLMES ROAD LEGEND L::>. SW1/4. Sec. 16 T14S R2W Section Comer - - - Road Right-ot-Way V / / /~ Temporary Construction Easement N 89' 39' 26" E . - :z: Scale: 1".100' U E-< H ~ H ~ fzJ PERMANENT EASEMENT THIS INDENTURE, made this - day of , 1992, by and between GERAlD E. ECK and G. MARlENE Eel{, 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. Gerald E. Eck G. Marlene Eck 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 Gerald E. Eck and G. Marlene Eck, 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 ~ 1811118 BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.5 Pennanent Easement Owner: Gerald E. & G. Marlene Eck 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 desaibed as follows: Commencing at the Northwest comer of said Southwest Quarter, thence N 890 39' 26- E along the North line of said SWtA a distance of 1633.25 feet to the POINT OF BEGINNING; thence N 890 39' 26- E a distance of 48.97 feet; thence S 510 52' 24- W a distance of 217.01 feet; thence S 10 14' 21- E a distance of 589.62 feet; thence S 30 24' 31- E a distance of 1015.86 feet; thence N 890 09' 49- W a distance of 30.08 feet; thence N 30 24' 31- W a distance of 1014.20 feet; thence N 10 14' 21- W a distance of 605.18 feet; thence N 510 52' 24- E a distance of 193.31 feet to the POINT OF BEGINNING. . The above described tract contains 1.252 aaes more or less. EXHIBIT A w LEGEND L:. S~ction Com~r - - - Road Right-ot-Way I J Pennan~nt Easement PERMANENT EASEMENT Tract No.5 -------- HOLMES ROAD --- Scale: 1'-100' - '~:z: ot SW1/4. Sec. 16 T14S R2W .~ ~I~ "'01 1')1') co -¡" 'co z «1 E-< H «1 H ;I: ><: ¡,:¡ TEMPORARY EASEMENT THIS INDENTURE, made this - day of ,1992 by and between GERAlD E. ECK and G. MARlENE Eel{, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: 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. Gerald E. Eck G. Marlene Eck 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 Gerald E. Eck and G. Marlene Eck, 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 . . . . 1811118 BUCHER, WILLIS & RAJLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 5A Temporary Construction Easement Owner: Gerald E. & G. Martene Eck A tract of land located in the Southwest Quarter (SW.4) of Section Sixteen (16), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, in Saline CQunty, Kansas; being more particularty described as follows: Commencing at the Northwest comer of said Southwest Quarter, thence N 89° 39' 26. E along the North line of said SWI.4 a distance of 1551.64 feet to the POINT OF BEGINNING; thence N 89° 39' 26. E a distance of 179.53 feet; thence S 51° 52' 24. W a distance of 240.71 feet; thence S 1° 14' 21. E a distance of 574.06 feet; thence S 3° 24' 31. E a distance of 1017.52 feet; thence N 89° 09' 49. W a distance of 110.30 feet; thence N 3° 24' 31. W a distance of 1011.44 feet; thence N 1° 14' 21. Wa distance of 631.12 feet; thence N 51° 52' 24. E a distance of 153.79 feet to the POINT OF BEGINNING. less Tract No.5. The above described tract contains 3.330 acres more or less. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Tract No. 5A -------- HOLMES ROAD ---- LEGEND L;,. SeçUon Comer - - - Road Rlght-ot-Way .~ ~I:" -'" ",n '" -¡" 1<0 :z ~ ~ H ~ H ~ ~ V / / / j Temporary Construçtion Easement '-----' . z:= :z: Sçale: '".100'