SW4-16-T14S-R2W (Tract 7)
'. "
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Pg ~.s,r
PERMANENT EASEMENT
TIllS INDENTURE, made this J~ day of D-L~ / , 1992, by and between
IEWIS L BREER and ROSE D. BREER, TRU~ TIm IEWIS L BREER
TRUST UIA DATED APRIL 28, 1981; and ROSE D. BREER AND IEWIS L BREER,
TRUSTEES OF TIm ROSE D. BREER TRUST UIA DATED APRIL 28, 1981, (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..iJt£. day of ~ ' 1992.
STAtE Of KANSAS '}" /)
COUNlY OF SALINE'" 1\./
.FILEQFOR RECORD IN MY OF CE
O" SEP 1 0 1992. AT
'1/ ~Jb." ANQlDVlY RECORDED .-0
'vi. ~T p~-.2.. .
I f) {I. EG. OF. DEEDS
LEWIS L. BREER TRUST, under Agreement
dated April 28, 1981
By ~~~ 7 /ð/'J-Jv
Lewis L. Breer, Trustee
By liE"LL (L /), 'LLf/L
Rose D. Breer, Trustee
ROSE D. BREER TRUST, under Agreement
dated april 28, 1981
By J ,) I'" )~~ h -,
,j.,c ,,4-<-., d~ ., / '--<,A", c./
Rose D. Breer, Trustee
By ~~'/, ri/UPV'
Lewis L. Breer, Trustee
¡
. ¡.
MIS¡;, ail .1.5.2. u, Ft ~
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this /&Lß~day of~l~ , 1992, before me, the
undersigned, a notary public in and for the county and state šfor¿said, came Lewis L Breer
and Rose D. Breer, Trustees of the Lewis L Breer Trust UIA dated April 28, 1981; and
Rose D. Breer and Lewis L Breer, Trustees of the Rose D. Breer Trust UIA dated April
28, 1981, 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 on
behalf of the trusts.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
",," ,",o:",-".."..'á"",.,,",,'
~ ~~~i;;:iFi~
MY APPT. IIXPIRl:S :J, . ,
(1a~ J~
,/ Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
-2-
, .
, ,
. .
."
M,sc, BL J..J;: ~
IIIIIII BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.7
Permanent Easement
Owner:
Rose D. Breer Trust
A tract of land located in the Northwest Quarter (NW~) of the Northwest Quarter (NW'A)
of Section Sixteen (16), Township Fourteen South (14S), Range Two West (2W) of the Sixth
Principal Meridian in Sanne County, Kansas, being more particularty described as follows:
Convnencing at the Northwest comer of said NW1/. thence N 89° 39' 51" E along the North
line of said NWV. of the NWV. a distance of 1314.29 feet to the Northeast comer of said NWV.
of the NW1A; thence S 0° 20' 41" W along the East line of said NW~ of the NW~ a distance
of 307.74 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W along the East
line of said NW1..4 of the NW1A a distance of 1011.74 feet to the Southeast comer of said NW1/.
of the NW1..4; thence S 89° 39' 15" W along the South line of said NW1..4 of the NW1/. a distance
of 30.00 feet; thence N 0° 20' 41" E a distance of 1012.06 feet; thence S 89° 43' 54" E a
distance of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .697 acres more or less.
EXHIBIT ^
pg~¿7-
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LEGEND
SECTION CORNER
- - - - ROAD RIGHT-OF-WAY
~///I
PERMANENT EASEMENT
PERMANENT EASEMENT
Tract No.7
~
SCALE: 1 w = 200'
HOLMES ROAD
- -
N.W. COR.~
NW 1/4, SEC 16 I
T14S, R2W I
I
1012.06'
30.00' I
/ S 89°43'54w E
307.74'
/ S 0°20'41" W
POINT OF
BEGINNING
30,00' /
S 89°39'15" W
/I'"
1011. 7 4'
N 0°20'41" E
~.;1 / /
S O020'41W W
.
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AGREEMENT
This Agreement is made this /äVr-- day of _~1- , 1992, by and between
IEWIS L BREER and ROSE D. BREER, TRU~ IEWIS L BREER
TRUST U/A DATED APRIL 28, 1981; and ROSE D. BREER AND IEWIS L
BREER, TRUSTEES OF THE ROSE D. BREER TRUST UIA DATED APRIL 28,
1981, 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 and B to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Three Thousand Nine Hundred Thirty-six and 93/100 Dollars ($3,936.93) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.697 acres at $450 per acre)
$ 313.65
2.
Temporary Easement
(1.24 acres at $375 per acre)
465.00
3.
Damages to remaining property
(loss of crops $255.68;
permanent fence $2,902.60)
3.158.28
Total Compensation
$3,936.93
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 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:
O.u-t~(>i /b¡ ) ~t¡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 numbers or tax
identification numbers,
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.
LEWIS L. BREER TRUST under Agreement dated
April 28, 1981
~B;/ is
By ~., (' ~'
Lewis' . Breer, Trustee
By ß1;-~ ,J.~) !')'C¿Cl-,
Rose D. Breer, Trustee
Social Sec. (fax ID No.5-; J-- .S-/)- S-JrŸ 0
ROSE D. BREER TRUST under Agreement dated
April 28, 1981
,) i" F.
By !~-<LA.- ,', t"vUt'/v
Rose D. Breer, Trustee
Social Sec. {fax ID No. .SJ2- -:;()-S7&'o
By ;;(;~., /J, /6 1Uk-/'
Lewis L. Breer, Trustee
CITY OF SALINA, KANSAS
By~A, £/,
Dennis M. KiSSinge~
City Manager
-3-
Iltllilit BUCHER, WilliS & RATLIFF
11t'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.7
Permanent Easement
Owner:
Rose D. Breer Trust
A tract of land located in the Northwest Quarter (NWV,) of the Northwest Quarter (NW~)
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 Northwest comer of said NWV, thence N 89° 39' 51" E along the North
line of said NWV, of the NWV, a distance of 1314.29 feet to the Northeast comer of said NWV,
of the NW'A; thence S 0° 20' 41" W along the East line of said NW~ of the NW1A a distance
of 307.74 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W along the East
line of said NWIA of the NW1,4 a distance of 1011.74 feet to the Southeast comer of said NWV,
of the NW'A; thence S 89° 39' 15" W along the South line of said NWIA of the NW~ a distance
of 30.00 feet; thence N 0° 20' 41" E a distance of 1012.06 feet; thence S 89° 43' 54" E a
distance of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .697 acres more or less.
TRACT NO. 7A
Temporary Construction Easement
Owner:
Rose D. Breer Trust
A tract of land located in the Northwest Quarter (NW~) of the Northwest Quarter (NWV,)
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 Northwest comer of said NWIA thence N 89° 39' 51" E along the North
line of said NW~ of the NW1A a distance of 1314.29 feet to the Northeast comer of said NWV,
of the NWV,; thence S 0° 20' 41" W along the East line of said NW1/4 of the NW1,4 a distance
of 264.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W along the East
line of said NWI/, of the NW~ a distance of 1055.47 feet to the Southeast comer of said NWV,
of the NW'A; thence S 89° 39' 15" W along the South line of said NW1/, of the NW1A a distance
of 80.01 feet; thence N 0° 20' 41" E a distance of 1055.49 feet; thence N 89° 39' 51" E a
distance of 80.01 feet to the POINT OF BEGINNING, less Tract No.7.
The above described tract contains 1.24 acres more or less.
EXHIBIT A
[.\
LEGEND
SECTION CORNER
- - - - ROAD RIGHT-OF-WAY
~//'//1
PERMANENT EASEMENT
PERMANENT EASEMENT
Tract No.7
1012.06'
-.=-~
SCALE: 1" = 200'
HOLMES ROA~
N.W. COR. ~
NW 1/4, SEC 16 I
T145, R2W
I
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-----
30.00' /
S 89° 39'15" W
./
N 0°20'41" E
Eø.;r / /
S 0°20'41" W
30.00' I
/ S 89°43'54" E
307.74'
/ S 0°20'41" W
POINT OF
BEGINNING
1011.74'
"
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181
LEGEND
ð.
Section Comer
- - - Road Right-ot-Way
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 7A
---
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V / / /,,1 Temporary Construction
Easement
Scale: 1.=100'
HOLMES ROAD
S9' 39' ,
S rr 20' 41" W
POINT OF
BEGINNING
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80.0" I
S 89' 39' 5'" E
264,00' I
S rr 20' 41. W I
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PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
IEWIS L BREER and ROSE D. BREER, TRUSTEES OF TIm IEWIS L BREER
TRUST UIA DATED APRIL 28, 1981; and ROSE D. BREER AND IEWIS L BREER,
TRUSTEES OF TIm ROSE D. BREER TRUST UIA DATED APRIL 28, 1981, (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
- day of , 1992.
LEWIS L. BREER TRUST, under Agreement
dated April 28, 1981
By
Lewis L. Breer, Trustee
By
Rose D. Breer, Trustee
ROSE D. BREER TRUST, under Agreement
dated april 28, 1981
By
Rose D. Breer, Trustee
By
Lewis L. Breer, Trustee
Exhibit C
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 Lewis L Breer
and Rose D. Breer, Trustees of the Lewis L Breer Trust UIA dated April 28, 1981; and
Rose D. Breer and Lewis L Breer, Trustees of the Rose D. Breer Trust UIA dated April
28, 1981, 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 on
behalf of the trusts.
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)]
-2-
1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.7
Permanent Easement
Owner:
Rose D. Breer Trust
A tract of land located in the Northwest Quarter (NW~) of the Northwest Quarter (NW'A)
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 Northwest comer of said NW~ thence N 89° 39' 51- E along the North
line of said NWV. of the NWV. a distance of 1314.29 feet to the Northeast comer of said NWV.
of the NW~; thence S 0° 20' 41- W along the East line of said NW~ of the NW~ a distance
of 307.74 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41- W along the East
line of said NW1!4 of the NW~ a distance of 1011.74 feet to the Southeast comer of said NWA
of the NW~; thence S 89° 39' 15- W along the South line of said NWA of the NW/. a distance
of 30.00 feet; thence N 0° 20' 41- E a distance of 1012.06 feet; thence S 89° 43' 54- E a
distance of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .697 acres more or less.
EXHIBIT ^
['.\
LEGEND
SECTION COR~JER
-- - -- - ROAD RIGHT-OF-WAY
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30.00' I I
1012.06' N 0°20'41" E /s 89°43'54" E I
/F // / / / / / / / /)I1~LEø'.;f / ¿¿/ / / / / / ¿¿/ /1 307'74~
30"°0'/ 1011.74' S 0°20'41" W Is 0°20'41" W a
S 89° 39'15" W I ó I
POINT OF a:::
BEGINNING I I ~ I
I I ~ I
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PERMANENT EASEMENT
PERMANENT EASEMENT
Tract No.7
~
SCALE: 1" = 200'
-----
~
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HOLMES ROAD
- --
N.W. COR ~
NW 1/4, 'SEC 16 I
T14S, R2W I
I
..
TEMPORARY EASEMENT
TIllS INDENTURE, made this - day of ,1992 by and
between IEWIS L BREER and ROSE D. BREER, TRUSTEES OF TIm IEWIS L
BREER TRUST U/A DATED APRIL 28, 1981; and ROSE D. BREER AND IEWIS
L BREER, TRUSTEES OF THE ROSE D. BREER TRUST UIA DATED APRIL 28,
1981, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation
(the "City").
WffNESSETII: 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 has signed this Temporary Easement this
- day of , 1992.
LEWIS L. BREER TRUST under Agreement
dated April 28, 1981
By
Lewis L. Breer, Trustee
By
Rose D. Breer, Trustee
ROSE D. BREER TRUST under Agreement
dated April 28, 1981
By
Rose D. Breer, Trustee
By
Lewis L. Breer, Trustee
Exhibit D
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 Lewis L
Breer and Rose D. Breer, Trustees of the Lewis L Breer Trust U/A dated April 28,
1981; and Rose D. Breer and Lewis L Breer, Trustees of the Rose D. Breer Trust UIA
dated April 28, 1981, 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 on behalf of the trusts.
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)]
-2-
,".
1811118 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 7A
Temporary Construction Easement
Owner:
Rose D. Breer Trust
A tract of land located in the Northwest Quarter (NW~) of the Northwest Quarter (NWV,,)
of Section Sixteen (16), 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 NW'/" thence N 89° 39' 51- E along the North
line of said NW~ of the NW'A a distance of 1314.29 feet to the Northeast comer of said NWV"
of the NWV,,; thence S 0° 20' 41" W along the East line of said NW'A of the NW'h a distance
of 264.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W along the East
line of said NWV" of the NW/" a distance of 1 055.47 feet to the Southeast comer of said NW1/4
of the NWV,,; thence S 89° 39' 15" W along the South line of said NW'A of the NW1h a distance
of 80.01 feet; thence N 0° 20' 41" E a distance of 1055.49 feet; thence N 89° 39' 51" E a
distance of 80.01 feet to the POINT OF BEGINNING, less Tract No.7.
The above described tract contains 1 .24 acres more or less.
EXHIBIT 1\
LEGEND
.6
Section Comer
- - - Rood Right-ot-Way
TEMPORARY CONSTRUCTION EASEMENT
Tract No.7 A
---
~ -z
V / / / j Temporary Construction
Easement
Scale: '.zI00'
HOLMES ROAD
S!7 39' IS' W
. ,
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POINT OF
BEGINNING
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S-S!7 39' 5'. E
264,00' I
S rr 20' 4'- W
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