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NW4-NE4-19-T14S-R2W Mise, Book 9'7' Page -a 7 3 EASEMENT This Indentures made this J{)-él day of Mays 1970s by and between PHIL MARTIN and B. JEAN MARTINs his wifes Parties of the First Part and THE CITY OF SALINAs KANSASs a municipal corporations Party of the Second Parks WITNESSETH: That the said Parties of the First Part for a good and valuable consideration receipt and sufficiency of which is hereby acknow1edgeds do by these presents grants bargains sell and convey unto said Party of the Second Part an easement ins over and across a certain tract of land owned by the Parties of the First Part more particularly described as follows: A t~act of land in the Northwest Quarter (NW4) of the Northeast Quarter (NE~) of Section Nineteen (19), Township Fourteen (14) South, Range Two (2) West of the 6th P.M. in Saline Countys Kansass described as follows: Beginning at a point Forty-five (45) Feet south and Four Hundred and Twenty-Eigh! (428) Feet east of the Northwest corner of the Northeast Quarter (NE ) of said Section 19s then east Fifth (50) Feet and parallel to the no~th line of said Section 19s then south Sixty-five (65) Feets thence west Fifth (50) Feet and parallel to the north line of said Section 19s thence north Sixty-five (65) Feet to the point of beginning, containing 0.075 acres more or 1esss for all of the rights of ingress and egress of the said Party of the Second Part, its servantss officers, employees and contractors for the purpose of constructings insta11ings repairing, replacing and maintaining a sanitary sewer pump station and any other utilities as may be necessary in connection therewiths in perpetuity. IN WITNESS WHEREOFs the said Parties of the First Par~'have hereunto set their hands the day and year first above written, ~ ,) 1; ¡t¡o1t4~ Phil Martin '-if j ~ ~tU4¡. B. Jean Marti n STATE OF KANSASs SALINE COUNTY, ss: BE IT REMEMBEREDs that on the ~5'~)~Aé! day of May, 1970, before me the undersigneds a Notary Public in and for the county and state aforesaid came Phil Martin and B. Jean Martins husband and wifes 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. ('\?~ :;', (I~,~IT~ES$~WHEREOF, I have hereunto subscribed my name and affixed my official seaì>:th~ fay ¡ši,~ë(/yé~r last above written. : rr~:..;.' /-... '; ':' -: >!:, ,- (' : t- :: ",/'uP'_',"'i ',4' ". ,,' ,f ,<~ .:: ":".1' "" " ' " \' '~, '.....,.' ..,. , ,!r ~ 1'\",1"\",' .. 1 . ..~.,/~~~ ' ,,' ~ / ) ,--.'/ì//~ l . /'¿¿.'L./ ~t.4.,.";¿: í'V:ti..-/ , I ~TARY PUBLIC L- My Commission Expires it(l t;f ¿/t L!~;(9- /fð ~v STATE OF KANSAS COUNTY OF SALINE 55. FILED FOR RECORD IN MY OfFICE ON JON 1 1 1970 AT .3 .'-5'-Z> _O'CLO kiM. AND~LY RECORDED ~AA~ /7: ' VOL Of AG. -clJ. 3 '- ", '~l <-(~ . OF DEEDS }'Æi~c: Book' c¡ 7 . __Page:3 73 - ~ þ ~ /' '1 IN THE DISTRIcr COURT OF SALINE COUNTY, KANSAS ,:)' ED c'~; u JJi¡ f F j' 2 47 ) ~"~t-..~;", eLf. } 5: ~, , I) ) ) Defendant ) ------------------------------------------) THE CITY OF SALINA I Plaintiff vs PHILIP R. MARrIN, ',:r ~ êp C-96 "', . -,è, Kans'1s, Saline Coun~ SS ,:oUa:j,'¡ETTY J, J"ST (;Ie k of . , , ¿f1.~ "oh If' ~ollntÝ an; Stat the District Court wít:~ ., U jet of SaldSta~ aforesaId. In the 28 ':-~ésu'ilg IS a ~UII. correct ~ certify th~t( to",.o S,,/ne remainS of' - ,øoø.r of the OngH/, WITNESS MY HAND',. 011 ".. In my offici; affix?zi at my øftl ' ',~ áf laId Co"" the - q day ør' 8811-. Kansas. tlJh BETTy .I.. .fun. Cftg A.D. 1919. REPORr OF APFRAISERS '" -4~ "" ÐItII:I<8 Co", , cr...: '"c~ We, the llildersigned appraisers, apfOinted to appraise the value ~. of certain land described in the Petition of the City of Salina and to deterrI)ine the damages to the interested parties resulting fran the takings, after being duly SWDrn, now refOrt as follows: ----v:- On the q - day of May, 1980, we caused notices of our hear- ing to be mailed to the land owner of said premises, all as aPF€ars fran the Affidavit of Mailing Notices duly signed by L. O. Bengtson. On the 6th day of June, 1980, at 9:30 o'clock a.m., a public hearing was held at the City-COunty Building in District Court Room #2 at which tiIœ we heard oral and/or written testirrDny concerning our appraisal and assesSIœnt of damages from the plaintiff and the defendant as were present and desired to be heard. After our view of the lands involved, consideration of the testi- IIDny received at the hearing, and in accordance with the instructions given us by the Honorable Court, we have appraised the larlds and/or interest and rights sought by the plaintiff as described in the Petition and the damages to the interested parties resulting fran the taking as follows: Philip R. Martin is the CMner of the tract of land described in said Petition and in said Notice of Appraisers Hearing. We find as follows: 1. Value of entire tract (consisting of 19.22 acres owned by the defendant) imœdiately before the taking DO $ 3-:2. '-74- ~ I 2. Value of that portion of the land of the defendant remaining after the taking (consisting of 19.09 acres) <>0 $ 3;1.,,+53 -- If 3..!3,2£' 3. D«Y"""-'} e- to c."-...p 4-, A bstY'c.c.-t I~&j II 75.00 I r . Total COJ:Tpensa tion and damages (the difference between 1 & 2) p1l4$ 3 T f $ 10 7 q, 2-5" We, the underisgned further claim as exp::mses and carpensation for our services the following: John Heline Lee Ha \0\0 rth Sheldon Burr $ $ $ I S"D ';' / S- 0 "'.': / S-O ~ The foregoing report of our appraisal and claim for compensation is \VeIl and truly made and in witness whereof we have affixed our signa- tures this q'S day of June, 1980. To h ~ H e--I ,.;, e- (S J John Heline L e.e.. t-ta.. vJ e>,..rh.. U, lee Haworth S "'-e- I d en---.. ß u. r r" Sheldon Burr ~J Subscribed and sworn to œfore rœ this -a.. Cf - day of June, 1980. ðe.T'tl Ie T"'-.5l (s) Clerk of the District Court . MARTIN TRACT A TRACT OF LAND IN THE NORTHWEST QUARTER (N.W.1/4) OF THE NORTHEAST QUARTER (N,E.1/4) OF SECTION NINETEEEN (19), TOWNSHIP FOURTEEN (14) SOUTHs RANGE n~o (2) WEST OF THE SIXTH PRINCIPAL MERIDIAN IN SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT TWO THOUSAND ONE HUNDRED SEVENTY-FIVE AND THIRTY-ONE HUNDREDTHS FEET (2,175.31 I) WEST AND FORTY-FIVE AND NINETEEN HUNDREDTHS FEET (45.191) SOUTH OF THE NORTHEAST CORNER OF SECTION NINETEEN (19), TOWNSHIP FOURTEEN (14), RANGE TWO (2) WEST; THENCE SOUTHWESTERLY TO A POINT WHICH IS TWO THOUSAND TWO HUNDRED TWENTY-FIVE AND THIRTY-ONE HUNDREDTHS FEET (2,225.311) WEST AND SIXTY FEET (60') SOUTH OF THE SAID NORTHEAST CORNER; THENCE WESTERLY AND PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF THREE HUNDRED FIFTY FEET (3501); THENCE SOUTHWESTERLY TO A POINT TWO THOUSAND SIX HUNDRED n~ENTY-FIVE AND FORTY-EIGHT HUNDREDTHS FEET (2,625.481) WEST AND SEVENTY FEET (701) SOUTH OF THE SAID NORTHEAST CORNER; THENCE NORTH SEVENTEEN AND FIFTY-SIX HUNDREDTHS FEET (17.56') TO THE EXISTING SOUTH RIGHT-OF-WAY LINE OF CRAWFORD STREET; THENCE EASTERLY ALONG THE SAID EXISTING RIGHT- OF-WAY LINE TO A POINT TWO THOUSAND FIVE HUNDRED FORTY AND FIFTY- THREE HUNDREDTHS FEET (2s540.531) WEST AND FIFTY-TWO AND TWO HUNDREDTHS FEET (52.021) SOUTH OF SAID NORTHEAST CORNER; THENCE NORTH ALONG THE SAID EXISTING RIGHT-OF-WAY LINE A DISTANCE OF FIVE FEET (51); THENCE EASTERLY ALONG THE SAID EXISTING RIGHT- OF-WAY LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.13 ACRES MORE OR LESS. -1- - I g ~ -(\J q (\J It) 35d 2540.53' 2625.48' ~ I Exist. R/W Line - ~ Iri q- -0 (£) 2175.311 -". 2225.311 JJ fi N.E. Cor. 5ec,I9 TI45 R2W - . . ENGINEER'S CERTIFICATE STATE OF KANSAS) COUNTY OF SALINE) SS I, the undersigneds do hereby certify that I am a licensed engineer in the State of Kansas with experience and proficiency in land surveying; that the heretofore described property was surveyed under my supervision, and that the heretofore described property is required for the purpose of constructing certain improvements on East Crawford Street in the City of Salina, Kansas. Given under my hand and seal at Salina, Kansas, this 18th day of April, 1980. c=.~~ æ7~ Dean L. Boyer City Engineer -3-