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SW4-16-T14S-R2W (Tract 10) MSC.lfk~ p" ~7 ,., PERMANENT EASEMENT TIllS INDENTURE, made this / 3i-R. day of ~~ , 1992, by and between EXLINE, INC., a Kansas corporation (the "Grantor' , a d the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSETH: 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, 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 wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this /3~day of I~ ,1992. /' \ .;TATEOFKANSAS '.. FILED FOR RECORD COUNTVOFSALlNE} 55. ~j IN MY OFFICE AT 'l.:4Ilo-CLOCK _.5&.,992 AND DULY. ll: M. RECORDED ~ VOL r~ '. ATPAGEé<k>9-:-).7! 4. h1.L . pr:r, OFDEr:["\~ STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this I::>--~day of :~~l ,1992, before me, the undersigned, a notary public in and for the county! and state aforesaid, came ~~- ~'I(JL , Ú HL r~/U~A.~ of Exline, Inc., who is pers nally 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 wrrNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. !""'."'-"."""~'~.~-"""'¡"" -- l.&i JAMI$ $WmUJNO NOTARY /l'U81IC ,. STATE Of KANSAS l!ly ~PT. r;x"'RI.:S,.,J..::Ziò ~ t 71 ~-~~V4'~~ Ii Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A 79- 1437e(a)(13)] i J AGREEMENT This Agreement is made this /3tiJ..- day of .:~~ ' 1992, by and between EXLINE, INc., a Kansas corporation, hereinafter re err ' to as the "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 Five Thousand Four Hundred Eighty and 75/100 Dollars ($5,480.75) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (.098 acres at $3,750 per acre) $ 367.50 2. Temporary Easement (.086 acres at $1,875 per acre) 161.25 3. Damages to remaining property (moving TV dish antenna $580; 4.952.00 replacing 10 sprinkling heads and sodding lawn $3,872; loss of 5 elm trees $500) Total Compensation $5,480.75 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 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 and the City acknowledge that record title to the real estate described in paragraph (A) above is held by the City under a 1982 Industrial Revenue Bond Issue. Grantor covenants that the real estate is not subject to any contract for sale or other liens and encumbrances either created or allowed to occur by Grantor 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 ~~.tk i I Tf ;'9('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 tax identification number, at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. -2- G. Nonassignable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. 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. CITY OF SALINA, KANSAS By ~A~ Dennis M. Kissinger, City Manager -3- IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.1 0 Permanent Easement Owner: City of Salina, Kansas A tract of land located in the Northeast Quarter (NEY4) of the Northwest Quarter (NW1,4) of Section Sixteen (16), Township Fourteen South (148), 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 NW1/4; thence N 89° 39' 51" E along the North line of said NW1,4 a distance of 1604.29 feet; thence S 0° 20' 41" W a distance of 50.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W a distance of 250.00 feet; thence N 89° 39' 51" E a distance of 15.61 feet; thence N 1° 03' 21" E a distance of 250.06 feet; thence S 89° 39' 51" W a distance of 18.72 feet to the POINT OF BEGINNING. The above described tract contains .098 aaes more or less. TRACT NO. 10A Temporary Construction Easement Owner: City of Salina, Kansas A tract of land located in the Northeast Quarter (NE1A) of the Northwest Quarter (NW1,4) of Section Sixteen (16), Township Fourteen South (148), 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 NW1A; thence N 89° 39' 51" E along the North line of said NW1A a distance of 1604.29 feet; thence S 0° 20' 41" W a distance of 50.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W a distance of 250.00 feet; thence N 89° 39' 51" E a distance of 30.62 feet; thence N 1° 03' 21" E a distance of 250.06 feet; thence S 89° 39' 51" W a distance of 33.72 feet to the POINT OF BEGINNING, less Tract No. 10. The above described tract contains .086 aaes more or less. EXHIBIT A PERMANENT EASEMENT Tract No.1 0 --------~ L--- COUNTRY CLUB ROAD 1604.29' N 89.39'51" E - - - - 50.00' S O' 20' 41" W 18.72' S age 39' 51- W ----- ----- 0 < 0 a:::: (I) lLJ ~ ...J 0 II N ~ . ..... a~ a do ION N b (f) . ..... CON a d~ lOa N . ..... Scale: 1" =50' z LEGEND 6 Section Corner - - - Road Right-of-Way I Permanent Easement 15.61' N 89" 39' 51 E EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Tract No.1 OA --------L-_- COUNTRY CLUB ROAD 1604.29' N 89"39'51" E - - - - 50.00' S 0" 20' 41" W 33.72' S 898 39' 51 W ----- ----- 0 : « ! 0 i a:::: i ¡ (/) I W I ::E ! .....J I 0 :r: N ~ I ."'" , o...t" ' 0 co LON N b (f) o. ...-¡ Scale: 1" =50' LEGEND D Section Corner - - - Road Right-ot-Way 30.62' N 89" 39' 51 E V / / / J 1~r;'¿~~~7 Construction EXHIBIT C PERMANENT EASEMENT TIllS 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, 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 wrrNESS 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 1811111 BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO.1 0 Permanent Easement Owner: City of Salina, Kansas A tract of land located in the Northeast Quarter (NE1A) of the Northwest Quarter (NW'/.) of Section Sixteen (16), Township Fourteen South (148), 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 NW1A a distance of 1604.29 feet; thence S 0° 20' 41- W a distance of 50.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41- W a distance of 250.00 feet; thence N 89° 39' 51- E a distance of 15.61 feet; thence N 1° 03' 21- E a distance of 250.06 feet; thence S 89° 39' 51- W a distance of 18.72 feet to the POINT OF BEGINNING. The above described tract contains .098 aaes more or less. EXHIBIT A PERMANENT EASEMENT Tract No.1 0 ------- L--- COUNTRY CLUB ROAD 1604.29' N 89'39' 51" E - - - - 50.00' S O' 20' 41" W 18.72" S 898 39" 51- W ----- ----- Q « 0 a::: (/) UJ ~ ...J 0 :1:1 I N . .- o~ 0 CÒ &ON N b (f) . .- coN 0 C~ &00 N . .- Scale: 1" =50' z LEGEND 6. Section Corner - - - Road Right-at-Way I Permanent Easement 15.61" N 89" 39" 51 E EXHIBIT B TEMPORARY EASEMENT TIllS 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, 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 IIIIIII BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS . nr\\J I ,,'U. I un Owner: Temporary Construction Easement City of Salina, Kansas A tract of land located in the Northeast Quarter (NE~) of the Northwest Quarter (NW1.4) 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'.4; thence N 89° 39' 51" E along the North line of said NW1.4 a distance of 1604.29 feet; thence S 0° 20' 41" W a distance of 50.00 feet to the POINT OF BEGINNING; thence continuing S 0° 20' 41" W a distance of 250.00 feet; thence N 89° 39' 51" E a distance of 30.62 feet; thence N 1 ° 03' 21" E a distance of 250.06 feet; thence S 89° 39' 51" W a distance of 33.72 feet to the POINT OF BEGINNING, less Tract No. 10. The above described tract contains .086 acres more or less. EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT Tract No" 10A --------\- --- COUNTRY CLUB ROAD 1604.29' N 89"39'51" E - - - - 50.00' S 0" 20' 41" W 33.72' S 89" 39' 51- W ----- ----- a : ~ ! 0 i a::: i ¡ (/) I W I ~ ! .....I I 0 :r: N ~ I Ò:;t: 1 0 ! cia ; I!)~ N b (/) ! Scale: 1" =50' LEGEND D Section Corner - - - Road Right-of-Way 30.62' N 89" 39' 51 E V / / / J ~~~I~~~7 Construction Exhibit B