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SW4-16-T14S-R2W (Tract 9) . .~. Mist. ßk ¡.5.J Pg !1 to.-1 PERMANENT EASEMENT lHIS INDENTURE, made this j 5ta..- day of );t.J:jt , 1992, by and between EXLINE, INc., a Kansas corporation (the "Grant "), nd the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSEfH: 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 ~ay of , 1992. 8JAtE OF. KANSAS . 1\ COUNTY OF SALINE B~ !'J .flLEQ fOR RECORD IN MY OFF E . SEP 1 0 1992. AT r:fI"f)J.Y. CLOC¿. A~~LY RECORDED /3 - M ¿ By: J~' ~1f~T PAG~jp ~ IT) . EG. OF DEEDS ATE OF KANSAS, SALINE COUNTY, ss: c/o BE IT REMEMBERED, that on this IjiMayof (~ ,1992, before me, the undersigned, a notary public in and for the county V'and Î state aforesaid, came ~ .~. ( ..') . < c~ .~ , ) ~ l y::J.....e~tJû ~ of Exline, Inc. who is perso ally 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. "J;;;'~~SWEDLVND ~ " NOrMY PUBUC tIIIB STATE OF KAN8AS~ ~~.~~R~ J-~G~ qr 9.. .Q/1-~ VHU{~'L~1 / Notary Public l. [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] ,.." ~ . \)i',(;j~.,.~pg~ IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.9 Pennanent Easement Owner: EXLINE, Inc. A tract of land located In the Northeast Quarter (NE1I4) of the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more partlculariy described as follows: Commencing at the Northwest comer of said NW1I4; thence N 89° 39' 51- E along the North line of said NW1A a distance of 1593.62 feet to the POINT OF BEGINNING; thence S 1 ° 03' 21- W a distance of 310.71 feet; thence N 89° 43' 54- W a distance of 275.45 feet to the West line of said NE1I4 of the NW1A; thence S 0° 20' 41- W along the West line of said NEV" of the NW1I4 a distance of 30.00 feet; thence S 89° 43' 54- E a distance of 305.09 feet; thence N 1° 03' 21- E a distance of 40.96 feet; thence S 89° 39' 51- W a distance of 15.61 feet; thence N 0° 20' 41- E a distance of 250.00 feet; thence N 89° 39' 51- E a distance of 18.72 feet; thence N 1 ° 03' 21- E a distance of 50.01 feet to the North line of said NW1A; thence S 89° 39' 51- W a distance of 30.01 feet to the POINT OF BEGINNING. The above described tract contains .3258 acres more or less. EXHIBIT A PERMANENT EASEMENT Tract No.9 ..J Mj,e. 9k,~ Pg ~ . ..' .... . --------- L- - COUNTRY CLUB ROAD 1593.62' -N 89' 39' 51" E 30.0' , s age 39' 51 W ----- - - 50.0 " N 18 03' 2'- E NW Cor. of NW1/4 Sec. 16 T14S R2W '8.72' N 8ge 39' 51 E 3'0.7" S '8 03' 2'- W 250.00' N (j 20' 4'- E Q <: 0 ~ (/) w ~I :I: I 275.45' N age 43' 5~ W '5 6" S age 39' 51- W 305 09' S age 43' 54- E 40.96' N 18 03' 2'- E 30.00' S (j 20' 4'- W N LEGEND 6 Section Corner - - - Road Right-ot-Way I Permanent Easement Scale: 1-=100' ~., ..Lu~ EXHIBIT B AGREEMENT This Agreement is made this / -:fIß- day of CL.ß¿, , 1992, by and between EXLINE, INC., a Kansas corporation, hereinafter ~he "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "City." RECITAlS 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 Eleven Thousand Thirty-four and 89/100 Dollars ($11,034.89) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (.3258 acres at $3,750 per acre) $ 1,221.75 2. Temporary Easement (.670 acres at $1,875 per acre) 1,256.25 3. Damages to remaining property (loss of chain link fence $330; 8.556.89 35 walnut trees $7,000; 20 elm trees $1,000; reseeding grass $226.89) Total Compensation $11,034.89 C. Permanent and Temporary Easement Documents. The Grantor agrees that the permanent and temporary easements 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 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 _c.~ ¡ J I ,I f f2~, 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 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 wrrNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. EXLINE, INC. t/ By Tax ID No. CITY OF SALINA, KANSAS By k)C"'-à Dennis M. Kissinge , City Manager -3- . . IIIIIII BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.9 Pennanent Easement Owner: EXLINE, Inc. A tract of land located In the Northeast Quarter (NE1I4) of the Northwest Quarter (NWY4) of Section Sixteen (16), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more partlculariy described as follows: Commencing at the Northwest comer of said NWIA; thence N 89° 39' 51- E along the North line of said NW1I4 a distance of 1593.62 feet to the POINT OF BEGINNING; thence S 1° 03' 21- W a distance of 310.71 feet; thence N 89° 43' 54- W a distance of 275.45 feet to the West line of said NE1I4 of the NW1A; thence S 0° 20' 41- W along the West line of said NE1A of the NWIA a distance of 30.00 feet; thence S 89° 43' 54- E a distance of 305.09 feet; thence N 1° 03' 21- E a distance of 40.96 feet; thence S 89° 39' 51- W a distance of 15.61 feet; thence N 0° 20' 41- E a distance of 250.00 feet; thence N 89° 39' 51- E a distance of 18.72 feet; thence N 1 ° 03' 21- E a distance of 50.01 feet to the North line of said NWY4; thence S 89° 39' 51- W a distance of 30.01 feet to the POINT OF BEGINNING. The above described tract contains .3258 acres more or less. TRACT NO. 9A Temporary Construction Easement Owner: EXLINE, Inc. A tract of land located In the Northeast Quarter (NE1I4) of the Northwest Quarter (NW.4) of Section Sixteen (16), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more partlculariy described as follows: Commencing at the Northwest comer of said NWA; thence N 89° 39' 51- E along the North line of said NWA a distance of 1593.62 feet to the POINT OF BEGINNING; thence S 1 ° 03' 21- W a distance of 140.91 feet; thence N 88° 56' 39- W a distance of 15.00 feet; thence S 1 ° 03' 21- W a distance of 150.00 feet; thence N 89° 43' 54- W a distance of 115.71 feet; thence S 0° 20' 41- Wa distance of 10.74 feet; thence S 89° 39' 51- W a distance of 145.00 feet to the West line of said NEIA of the NWIA; thence S 0° 20' 41- W along the West line of said NEV4 of the NWA a distance of 1019.51 feet to the Southwest comer of said NE1A of the NW1A; thence N 89° 32' 01- E along the South line of said NEIA of the NW1A a distance of 15.00 feet; thence N 0° 20' 41- E a distance of 961 .58 feet; thence S 89° 43' 54W E a distance of 304.84 feet; thence N 10 03' 21 W E a distance of 61 .12 feet; thence S 8go 39' 51 W W a distance of 30.62 feet; thence N 0° 20' 41W E a distance of 250.00 feet; thence N 89° 39' 51W E a distance of 18.72 feet thence N 1° 03' 21W E a distance of 50.01 feet to the North line of said NW.4; thence S 89° 39' 51W W a distance of 30.01 feet to the POINT OF BEGINNING, less Tract No.9. The above described tract contains .670 acres more or less. EXHIBIT A .. Q « 0 ~ (/) w ~I :J: I PERMANENT EASEMENT Tract No.9 --------- COUNTRY CLUB ROAD 1593.62' -N 89. 39' 51" E ----- NW Cor. of NW1/4 Sec. 16 T14S R2W 275.45' N 8!r 43' 5~ W 30.00' S (j 20' 4,8 W N Scale: 1- = 100' 305 09' S 8!r 43' 548 E L- - 30.01' S 8!r 39' 51 W - - 310.7' , S '° 03' 218 W L::::. 50.01 ' N 1° 03' 2,8 E -- 18.72' N 8!r 39' 51 E 250.00' N (j 20' 4,8 E 15.61 ' S 8!r 39' 518 W 40.96' N 1° 03' 218 E LEGEND Section Corner - - - Road Right-of-Way I Permanent Easement EXHIBIT B .' Q « 0 a:: (f) l.a.I ~I :I: I I TEMPORARY CONSTRUCTION EASEMENT Tract No. 9A --------- L- - COUNTRY CLUB ROAD 1593.62' -N 89. 39' 51" E 30.0' , S 89" 39' 5'- W NW Cor. of NW1 4 Sec. 16 T14S R2W - - ----- 50.0' , 2!.J' 03' 2'-~ '8.72' N 89" 39' 5' E 10.74' S (j 20' 41 W 145.00' S 89" 39' 51- W 150.00' S ,. 03' 2' W 1 , 5.71' N 89" 43' 5~ W 250.00' N (j 20' 4'- E 30.6 ' S 89" 39' 5'- W 304.84' S 89" 43' 5~ E '0'9.5' , S (j 20' 4' W 961 .58' N (j 20' 4' E N LEGEND 6 Section Corner - - - Road Right-at-Way V / / / ~ 1~~~~~~7 Construction Scale: 1"=100' 15.00' N 89" 32' 0'- E EXHIBIT C PERMANENT EASEMENT lHIS INDENTURE, made this - day of , 1992, by and between EXLINE, INc., a Kansas corporation (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. EXLINE, INc. By: 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 , of Exline, Inc. 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 I1II1I1 BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.9 Pennanent Easement Owner: EXLINE, Inc. A tract of land located In the Northeast Quarter (NE1I4) of the Northwest Quarter (NWIA) of Section Sixteen (16), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more partlculariy described as follows: Commencing at the Northwest comer of said NW1A; thence N 890 39' 51- E along the North line of said NW1A a distance of 1593.62 feet to the POINT OF BEGINNING; thence S 10 03' 21- W a distance of 310.71 feet; thence N 890 43' 54- W a distance of 275.45 feet to the West line of said NEiA of the NW1A; thence S 00 20' 41- W along the West line of said NEIA of the NW1I4 a distance of 30.00 feet; thence S 890 43' 54- E a distance of 305.09 feet; thence N 10 03' 21- E a distance of 40.96 feet; thence S 890 39' 51- W a distance of 15.61 feet; thence N 00 20' 41- E a distance of 250.00 feet; thence N 890 39' 51- E a distance of 18.72 feet; thence N 10 03' 21- E a distance of 50.01 feet to the North line of said NW1A; thence S 890 39' 51- W a distance of 30.01 feet to the POINT OF BEGINNING. The above described tract contains .3258 acres more or less. EXHIBIT A 0 « 0 0:: (/) I.LJ ~I :I: I PERMANENT EASEMENT Tract No.9 --------- 1-- - COUNTRY CLUB ROAD 1593.62' -N 89. 39' 51" E 30.0" S 89" 39' 5' W - - ------ 50.0" N '" 03' 21- E NW Cor. of NW 1 /4- Sec. 1 6 T14S R2W 18.72' N 89" 39' 51 E 310.7" S '" 03' 21- W 250.00' N (j 20' 41- E 275.45' N 89" 43' 5~ W 30.00' S (j 20' 41- W '5.61' S 89" 39' 5'- W N Scale: 1-=100' 40.96' N '" 03' 2'- E 305 09' S 89" 43' 54" E LEGEND D Section Corner - - - Road Right-at-Way I Permanent Easement EXHIBIT B TEMPORARY EASEMENT lHIS INDENTURE, made this - day of , 1992 by and between EXLINE, INC., a Kansas corporation (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSETH: 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. EXLINE, INc. By 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 , of Exline, Inc. 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 E I1IIIII BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS Temporary Construction Easement Owner. EXLINE, Inc. A tract of land located In the Northeast Quarter (NE1I4) of the Northwest Quarter (NW1A) of Section Sixteen (16), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more partlculariy described as follows: Commencing at the Northwest comer of said NW1/4; thence N 890 39' 51- E along the North line of said NW'A a distance of 1593.62 feet to the POINT OF BEGINNING; thence S 10 03' 21- W a distance of 140.91 feet; thence N 880 56' 39" W a distance of 15.00 feet; thence S 10 03' 21- W a distance of 150.00 feet; thence N 890 43' 54- W a distance of 115.71 feet; thence S 0020' 41" W a distance of 10.74 feet; thence S 890 39' 51- W a distance of 145.00 feet to the West line of said NE1I4 of the NW1.4; thence S 00 20' 41- W along the West line of said NE1A of the NW'A a distance of 1019.51 feet to the Southwest comer of said NE~ of the NW1I4; thence N 890 32' 01- E along the South line of said .NE1A of the NW1A a distance of 15.00 feet; thence N 0020' 41" E a distance of 961.58 feet; thence S 89043' 54- E a distance of 304.84 feet; thence N 10 03' 21- E a distance of 61.12 feet; thence S 890 39' 51" W a distance of 30.62 feet; thence N 00 20' 41" E a distance of 250.00 feet; thence N 890 39' 51" E a distance of 18.72 feet thence N 10 03' 21" E a distance of 50.01 feet to the North line of said NW1A; thence S 890 39' 51- W a distance of 30.01 feet to the POINT OF BEGINNING, less Tract No.9. The above described tract contains .670 acres more or less. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Tract No. 9A --------- L- - COUNTRY CLUB ROAD 1593.62' -N 89' 39' 51" E - - 0 < 0 a:: (/) w ~I :r: I I 10.74' S (j 20' 41 W 145.00' S Sg 39' 51- W 30.01' S 8g 39' 51. W ------- 50.01' N 18 03' 21-~ 18.72' N 8g 39' 51 E 150.00' S 18 03' 21 W 115.71' N 8g 43' 5~ W 250.00' N (j 20' 41- E 30.6 ' S Sg 398 51- W 304.84' S 89" 43' 54 E 1019.51' S (j 20' 41- W 961.58' N (j 20' 41 E N LEGEND 6 Section Corner - - - Road Right-of-Way V / / / ~ ~~~~~~7 Construction Scale: 1" = 100' 15.00' N 89" 32' 01. E Exhibit B