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SW4-16-T14S-R2W (Tract 6) . . ~. "d.," ,"j> 1.1:"'2. '~., /Jt::;'Z/ . ... " ~,~~" . ._'Z:::.f- PERMANENT EASEMENT THIS INDENTURE, made this ~day of ~, 1992, by and between WIlLOWDALE FARM, a general partnership cons~EIMAS A JACKSON, JAMES N. RUSSElL and JOAN S. UVlNGSTON, copartners, ("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 ~dá?'.of~, 1992.. CoUNrf ~~LlNE } ss~ C_flJ FILE[) FOR RECORD IN MY OFFICE WILLOWDALE FARM, a general partnership ON SEP 2 4 1992. AT' $;~'CI.OC~, A D,ULY RECORDED BY~ ~ y¡ , T PAG£:lfS1 -i~~ Delmas A. Jackson, General Partner EG. OF DEEDS STAT OF~, SALI¡()£ 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 WffNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~,::'~1>~~ GAY L. DRISCOLL ',-'. :"I,l; State of Kansas c"'o_L:d. My ADD!. Expo Dc!. 28,1994 \)&~ D-À~ 4 '1iJ~~ otary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] / '. .' " .;-,]1 ¡' ¡;'Ci1¡(-W-PI' ~~~ IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.6 Pennanent Easement Owner: Willowdale F ann A tract of land located in the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particular1y described as follows: Commencing at the Southwest comer of said NWY,; thence N 89° 39' 26" E along the South line of said NW1A a distance of 1633.25 feet to the POINT OF BEGINNING; thence continuing N 89° 39' 26" E along the South line of said NW'A a distance of 48.96 feet; thence N 51° 52' 24" E a distance of 383.22 feet; thence N ~ 17' 26" W a distance of 1040.97 feet; thence S 89° 03' 01" W a distance of 607.70 feet; thence N 0° 20' 54" E a distance of 50.94 feet to the North line of the South Half of said NW1A; thence S 89° 39' 15" W along the North line of said S% of said NW'A a distance of 30.00 feet; thence S 0° 20' 41" W a distance of 81.26 feet; thence N 89° 03' 01" E a distance of 609.08 feet; thence S 2° 17' 26" E a distance of 996.33 feet; thence S 51° 52' 24" W a distance of 406.58 feet to the POINT OF BEGINNING. The above described tract contains 1 .438 acres more or less. EXHIBIT A . . .. lI¡o~~/ Mise, BtI I ,3 PI~ [ I I i - - Á--.;I ~ /i'-- /[ -42' U1 :¡:;~I ~ U1-1 (Î - "I' 0 JJ';:" ~ N ' :E ~I ~ _;1 := .0 . )¡ ,:;; '--' ij" ,~ "j' "'. Ç¡ ,~.. -~ ,~-:-. '- '-. \ / /)Jc,~ ",,)';= \ <Ju' " ,,X '.;-> " i ¿ ?" ....." 1v' ¡:;' , ' ,..,,' I:::. "," Ie , 1- .-:<1 I ..e>¡v I CD ~..." . ro , ¡~' i:::' ¡..:! _~63325' N89° 39'ZS"=: ~i I <J en en (\) CD '" 3 '" '" g g' 0 '" ~ ~ r (Î ~ 0 '" :; ~ C> r f'T1 G'J f'T1 Z 0 I'TI 0 '" '" 3 ro ~ z 0 en (') ~ ~ N (j') 0 ° ~~ ~. N -~ (J')- :E 50,94' NOo20'54" E u fT) ::u S -fþ JJZ ;;m -f2 z -i !=' (J')fTJ » (j) I'Tl S rr1 2 --: AGREEMENT This Agreement is made this IV tl day of ~ \ v , 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 Exhibits A-B, to this Agreement. B. Compensation. The City agrees to pay the Grantor upon closing the total sum of Five Thousand One Hundred Eighty-one and 37/100 Dollars ($5,181.37) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1.438 acres at $1250 per acre) $1,797.50 2. Temporary Easement (3.694 acres at $625 per acre) 2,308.75 3. Damages to remaining property (loss of crops $821.12; reseeding waterway $254) 1.075.12 Total Compensation $5,181.37 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 C to this Agreement, and a Temporary Easement document identical to the copy attached as Exhibit D 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: GJ-~~ 10 I ( 9 if 2-- 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 B~~ Delmas A. Kckson, General Partner Soc. Sec. {fax ID No. ~ CITY OF SALINA, KANSAS -3- 1I1111I BUCHER, WilLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.6 Pennanent Easement Owner: Willowdale F ann A tract of land located in the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as follows: Commencing at the Southwest comer of said NW'/4; thence N 89° 39' 26" E along the South line of said NWY4 a distance of 1633.25 feet to the POINT OF BEGINNING; thence continuing N 89° 39' 26" E along the South line of said NW'/4 a distance of 48.96 feet; thence N 51° 52' 24" E a distance of 383.22 feet; thence N 2° 17' 26" W a distance of 1040.97 feet; thence S 89° 03' 01" W a distance of 607.70 feet; thence N 0° 20' 54" E a distance of 50.94 feet to the North line of the South Half of said NWY4; thence S 89° 39' 15" W along the North line of said S% of said NW'A a distance of 30.00 feet; thence S 0° 20' 41" W a distance of 81.26 feet; thence N 89° 03' 01" E a distance of 609.08 feet; thence S 2" 17' 26" E a distance of 996.33 feet; thence S 51° 52' 24" W a distance of 406.58 feet to the POINT OF BEGINNING. The above described tract contains 1 .438 acres more or less. TRACT NO. 6A Temporary Construction Easement Owner: Willowdale Fann A tract of land located in the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as follows: Commencing at the Southwest comer of said NW1A; thence N 89° 39' 26" E along the South line of said NW1A a distance of 1551.64 feet to the POINT OF BEGINNING; thence continuing N 89° 39' 26" E along the South line of said NW1A a distance of 179.54 feet; thence N 51° 52' 24" E a distance of 359.86 feet; thence N 2° 17' 26" W a distance of 1075.62 feet; thence S 89° 03' 01" W a distance of 621.78 feet; thence N 0° 20' 41" E a distance of 30.78 feet to the North line of the South Half of said NW1A; thence S 89° 39' 15" W along the North line of said SY2 of said NW% a distance of 95.00 feet; thence S 0° 20' 41" W a distance of 131.70 feet; thence N 89° 03' 01" E a distance of 611.38 feet; thence S 2° 17' 26" E a distance of 921.92 feet; thence S 51° 52' 24" W a distance of 445.51 feet to the POINT OF BEGINNING, less Tract No.6. The above described tract contains 3.694 acres more or less, EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Tract No. 6A 179,54' N 89' 39' 2 131.70' S (j 20' 41' W w 95,00' 's 89" 39' 15' W ;,.~ '" ~I~ It) -en '" z LEGEND 6. Section Comer ~.~ :z: 30,78' N (j 20' 41' E - - - Rood Rlght-ot-Way Scale: 1"-100' V / / / J ~~~:~~~f Construction t: "' ~ >< "' 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, ("Grantortl), 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 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 C 1111111 BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.6 Pennanent Easement Owner: Willowdale Fann A tract of land located In the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more particular1y described as follows: Commencing at the Southwest comer of said NW'/4; thence N 890 39' 26" E along the South line of said NW1A a distance of 1633.25 feet to the POINT OF BEGINNING; thence continuing N 890 39' 26" E along the South line of said NW'A a distance of 48.96 feet; thence N 510 52' 24" E a distance of 383.22 feet; thence N 20 17' 26" W a distance of 1040.97 feet; thence S 890 03' 01" W a distance of 607.70 feet; thence N 00 20' 54" E a distance of 50.94 feet to the North line of the South Half of said NW1A; thence S 890 39' 15" W along the North line of said SYz of said NW'A a distance of 30.00 feet; thence S 00 20' 41" W a distance of 81 .26 feet; thence N 890 03' 01" E a distance of 609.08 feet; thence S 20 17' 26" E a distance of 996.33 feet; thence S 510 52' 24" W a distance of 406.58 feet to the POINT OF BEGINNING. The above described tract contains 1 .438 acres more or less. EXHIBIT A 179.5"" N 89" 39' 2 TEMPORARY CONSTRUCTION EASEMENT Tract No. 6A SW Cor, at NWI/4 Sec, 16 T14S R2W '" ;¡.~ 10 ~I~ \0 ~.èn IX) z LEGEND Section Comer ~,~ :z: ,ð. - - - Road Right-at-Way Scale: 1'-100' V / / / ~ f~~:~~~7 Construction 131.70' S 0' 20' 41' W 95,00' 's 89" 39' 15" W 30,78' N 0' 20' 41' E '" t: '" ~ '" TEMPORARY 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, (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. 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 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 .< 1111118 BUCHER, WilliS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS Temporary Construction Easement Owner: Willowdale F ann A tract of land located in the Northwest Quarter (NW1f4) of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as follows: Commencing at the Southwest comer of said NW'A; thence N 89° 39' 26" E along the South line of said NW1A a distance of 1551.64 feet to the POINT OF BEGINNING; thence continuing N 890 39' 26" E along the South line of said NW1A a distance of 179.54 feet; thence N 510 52' 24" E a distance of 359.86 feet; thence N 2° 17' 26" W a distance of 1075.62 feet; thence S 89° 03' 01" W a distance of 621.78 feet; thence N 00 20' 41" E a distance of 30.78 feet to the North line of the South Half of said NW1f4; thence S 890 39' 15" W along the North line of said S% of said NW1f4 a distance of 95.00 feet; thence S 0° 20' 41" W a distance of 131.70 feet; thence N 89° 03' 01" E a distance of 611.38 feet; thence S 2° 17' 26" E a distance of 921.92 feet; thence S 51° 52' 24" W a distance of 445.51 feet to the POINT OF BEGINNING, less Tract No.6. The above described tract contains 3.694 acres more or less. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Tract No. 6A SW Cor, at NW1/4 Sec, 16 T14S R2W 131.70' S (j 20' 41" W w 95.00' S 89' 39' 15" Vi ~~ IS) ~I~ 11) -.¡" a) z LEGEND .6 Section Comer ~ . E=- Z 30.78' N (j 20' 41' E - - - Rood Right-at-Way Scale: 1"=100' V / / / J ~~';t~~~7 Construction ~ '" ~ '"