E2-NW4-1-T142-R3W
..,. .
Rebecca Seellan
Reglster of Deeds /
Saline County Kansas (., rJ V
- Book-Page: 1004-1284
iiecelpt it: 1011
Date Recorded: 1/29/20023:16:20 PM
PERMANENT EASEMENT
THIS INDENTURE, made this cß.J/. ¡j day of January, 2002, by and between FRANCES
K. THULL, a widow, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal
corporation, (the "City").
WITNESSETH: The Grantor, for good and valuable consideration, the receipt and
sufficiency of which are 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, as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of
the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing,
installing, repairing, replacing, and maintaining public water and sanitary sewer lines and
appurtenances thereto, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
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~~~~/~
Frances K. Thull
STATE OF KANSAS,
S4J- J IV t:-
COUNTY, ss:
BE IT REMEMBERED, that on this2YWäay of January, 2002, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Frances K. Thull, a
widow, 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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Book-Page:
1004-1285
Thull, Frances K.
Tract No.4
Wilson & Co. File No. XO4100S3
Permanent Utility Easement
A tract of land for a 20.00 foot permanent utility easement located in East Half of the
Northwest Quarter (FJ2 NW/4) and the West Half of the Northeast Quarter (W/2 NFJ4) of
Section One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal
Meridian in Saline County, described as follows:
The north 20.00 feet of the East Half of the Northwest Quarter (FJ2 NW/4) EXCEPT the
west 1275 feet thereof;
AND
The north 20.00 feet of the West Half of the Northeast Quarter (WI2 NFJ4) of Section
One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian
in Saline County, Kansas;
Said tracts containing 27,400 square feet, more or less.
Exhibit A
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. " J"
NW comer
E/2 NW/4
Section 1
c.-lav-k: I ffilU- -i U¥\O'IIIe.
[lùù " SC)
TRACT No.4
PERMANENT UTILITY EASEMENT
OWNER:
20' Permanent
Utility Easement
StImmel Road
....
Q)
Q)
L.
....
(/)
.c.
....
Ii)
1275'
E/2
OF NW/4
Frances K. Thull
NE corner
W/2 NE/4
Section 1
T14S, R3W
1318' :1:
52' :1:
W/2
OF NE/4
Book-Page: 1004-1286
Not to scale
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Exhibit B
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AGREEMENT
This Agreement is made this,?lf ~ay of January, 2002, by and between FRANCES K.
THULL, a widow, (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal
corporation, (the "City").
RECIT ALS
A. The City, in conjunction with the North Ohio and Stimmel Road utility project,
wishes to acquire from the Owner a permanent easement in, through, over, and across a certain
portion of land owned by the Owner (the "Property") for the purpose of constructing, installing,
repairing, replacing, and maintaining a public water and sanitary sewer lines and appurtenances
thereto, in perpetuity, (the "Permanent Easement").
B. The City has caused the Permanent Easement to be acquired to be appraised and
has negotiated a purchase price with the Owner all in the manner prescribed in Title III of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
C. It is the desire of the Owner to convey the Permanent Easement 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:
1. Description. The Permanent Easement to be conveyed by the Owner to the City
shall be as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering Drawing attached and incorporated as Exhibit B.
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
One Thousand Four Hundred Seventy Dollars and No Cents ($1,470.00) for the Permanent
Easement consisting of the following:
Permanent Easement
(27,400 sq. ft. at $0.05 per sq. ft.)
Damages to Remainder - (Reduced utility factor)
$1,370.00
100.00
Total Compensation
$1,470.00
3. Documents. The Owner agrees that the Permanent Easement shall be conveyed to
the City by Owner's execution and delivery to the City of a Permanent Easement document
identical to the copy attached as Exhibit C to this Agreement. The Permanent Easement
document shall be recorded by the City with the office of the Saline County Register of Deeds, at
the expense of the City.
4. Covenant of Title. Owner covenants that Owner is the lawful owner of the
Property and that the Property is not subject to any contract for sale or other liens and
encumbrances.
t'
5. Consent to Easement. In those cases where the Property is subject to mortgage or
other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and
acknowledged consent to the Permanent Easement executed and acknowledged by a duly
authorized representative of the lienholder. Any consent to the Permanent Easement shall be
recorded by the City with the office of the Saline County Register of Deeds, at the expense of the
City.
6. Closing. Closing shall take place on or before ~nult..y ';;2/,2002.
closing the Owner shall:
At
a. deliver to the City the fully executed and acknowledged Permanent
Easement document,
b. deliver to the City any necessary consent to Permanent Easement
documentation,
c. provide the City with any other necessary information such as Owner's
current mailing address and social security numbers or tax identification numbers,
at which time the City shall pay Owner the total compensation set forth in paragraph (2) above.
7. Possession. The City shall be entitled to possession of the Permanent Easement
immediately upon closing.
8. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
9. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
~/~~
~ Thull
Social Sec. /Tax ID No. 513-12-5046
CITY OF SALINA, KANSAS
By
-2-
Thull, Frances K.
Tract No.4
Wilson & Co. File No. XO4100S3
Permanent Utility Easement
A tract of land for a 20.00 foot permanent utility easement located in East Half of the
Northwest Quarter (FJ2 NW/4) and the West Half of the Northeast Quarter (W/2 NFJ4) of
Section One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal
Meridian in Saline County, described as follows:
The north 20.00 feet of the East Half of the Northwest Quarter (FJ2 NW/4) EXCEPT the
west 1275 feet thereof;
AND
The north 20.00 feet of the West Half of the Northeast Quarter (WI2 NFJ4) of Section
One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian
in Saline County, Kansas;
Said tracts containing 27,400 square feet, more or less.
Exhibit A
NW comer
E/2 NW/4
Section 1
TRACT No.4
PERMANENT UTILITY EASEMENT
OWNER:
20' Permanent
Utility Easement
Stimmel Road
....
Q)
Q)
L.
....
(/)
.c.
....
Ii)
1275'
E/2
OF NW/4
Frances K. Thull
NE corner
W/2 NE/4
Section 1
T14S, R3W
1318' :i:
52' :i:
W/2
OF NE/4
Not to scale
þ
~
:T
Exhibit B
PERMANENT EASEMENT
THIS INDENTURE, made this - day of January, 2002, by and between FRANCES
K. THULL, a widow, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal
corporation, (the "City").
WITNESSETH: The Grantor, for good and valuable consideration, the receipt and
sufficiency of which are 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, as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of
the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing,
installing, repairing, replacing, and maintaining public water and sanitary sewer lines and
appurtenances thereto, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
Frances K. Thull
STATE OF KANSAS,
COUNTY, ss:
BE IT REMEMBERED, that on this - day of January, 2002, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Frances K. Thull, a
widow, 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.
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 C
"
Thull, Frances K.
Tract No.4
WiJson & Co. FiJe No. XO4100S3
Permanent Utility Easement
A tract of land for a 20.00 foot permanent utility easement located in East Half of the
Northwest Quarter (FJ2 NW/4) and the West Half of the Northeast Quarter (W/2 NFJ4) of
Section One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal
Meridian in Saline County, described as follows:
The north 20.00 feet of the East Half of the Northwest Quarter (FJ2 NW/4) EXCEPT the
west 1275 feet thereof;
AND
The north 20.00 feet of the West Half of the Northeast Quarter (WI2 NFJ4) of Section
One (1), in Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian
in Saline County, Kansas;
Said tracts containing 27,400 square feet, more or less.
Exhibit A
"
NW corner
E/2 NW/4
Section 1
TRACT No.4
PERMANENT UTILITY EASEMENT
OWNER:
20' Permanent
Utility Easement
Stimmel Road
....
Q)
Q)
L.
....
(/)
.c.
....
Ii)
1275'
E/2
OF NW/4
Frances K. Thull
Not to scale
NE corner
W/2 NE/4
Section 1
T14S, R3W
1318' :f:
52' :f:
W/2
OF NE/4
-
--L
.:T
Exhibit B