SW4-21-T14S-R2W
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Misc.Bk lJ):.3 P.~
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PERMANENT EASEMENT
THIS INDENTURE, made this (S- day of S~~E"~ , 1992, by' and between PLANTERS
STATE BANK. & TRUST, now BANK. IV KANSAS, NA, TRUSTEE OF THE J. E. AND PEARL
WEISS TRUST, (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 'VITNESS WHEREOF, the Grantor has signed this Permanent Easement this I~ day of
~ß~ , 1992.
STATE OF KANSAS l ss/ .1\
COUNTY OF SALINE 5 . \ ~ I
FILED FOR RECORD IN MY OFFICE
ON DCI - 5 1992 AT
a'; ~'C~Cr!M" A;~YA~E¡:~ 21-6), fY: "-~"" - "'"". . -.
ST~l~,R~:::~UNTY' ss:~.."'---- ",' ,',-, ",¡","'.c,',
PLANTERS STATE BANK & TRUST, NOW BANK IV
KANSAS, N.A., TRUSTEE OF THE J. E. AND PEARL
WEISS TRUST
BE IT REMEMBERED, that on this I~ day of /Y'l:::.f, 1992, before me, the undersigned,
a notary Rublic)p an~ for" the county and state aforesaid, cam¿ ~f'ì?a.l.? k 0( m,' / /eh ,
'-.<:J.¡¿ Vi,(l £ ~R.g\SÁ.(-l c J of Bank IV Kans~ NA, 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 Trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the
day and year last above written.
f~"'Ät~c;; CHERYL SCHARTZ
~ MyAppt. Exp. ¡-;;n-l¡'¡j
STATEr"'ANS'S
eIL<¡- q ~M ~
. Nota Public
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(l3)]
)
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Misc. Bk ...ð&L. P, ~
Iltllilit BUCHER, WilLIS & RATLIFF
18'1_1~ ENGINEERS. PLANNERS. ARCH'ITECTS
TRACT NO.3
Pennanent Easement
Owner:
J.E. & Pearl Weiss Trust
Planters State Bank & Trust. Trustee
A tract ot land located In Section Twenty-one (21), Township Fourteen (14) South, Range
Two (2) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas; being more
particularly described as tollows: ,
Commencing at the Southwest comer of said Section (21); thence N 89° 33' 41- E along
the South line of said Section a distance of 439.08 teet to the POINT OF BEGINNING; thence
N 1 ° 05' 13- W a distance of 30.94 teet; thence N 49° 26' 54- E a distance ot 1172.45 feet;
thence N 15° 44' 41- Ea distance of 595.76 teet: Thence N 1° 53' 22- E a distance ot 3438.66
teet; thence N 0° 30' 53- E a distance of 480.69 teet to the North line of said Section 21:
thence N 89° 38' 48- E along the North line of said Section 21 a distance of 30.00 teet; thence
S 0° 30' 53- W a distance ot 481.51 teet; thence S 1° 53' 22- W a distance of 3442.67 teet:
thence S 15° 44' 41- W a distance of 608.50 teet; thence S 49° 26' 54- W a distance of
1167.38 teet; thence S 1 ° 05' 13- E a distance ot 17.12 feet to the South line ot said Section
21; thence S 89° 33' 41- W along the South line ot said Section 21 a distance of 30.00 feet
to the POINT OF BEGINNING.
The above tract contains 3.938 acres more or less.
EXHIBIT A
AGREEMENT
This Agreement is made this is day of $'~ßÐP, 1992, by and between
PlANTERS STATE BANK. & TRUST, now BANK. IV KANSAS, NA, TRUSTEE OF
THE J. E. AND PEARL WEISS TRUST, hereinafter referred 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 Nine Thousand Eight Hundred Fifty-three and 81/100 Dollars ($9,853.81) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(3.938 acres at $750 per acre)
$2,953.50
2.
Temporary Easement
(10.32 acres at $375 per acre)
3,870.00
3.
Damages to remaining property
(Loss of 1993 milo crop
$2,780.31; reseeding
waterway $250)
3.030.31
Total Compensation
$9,853.81
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 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 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:
Q:xœ 6E' , s: I erq z-
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.
PLANTERS STATE BANK & TRUST, now
BANK IV KANSAS, N.A., TRUSTEE OF
THE J. E. AND PEARL WEISS TRUST
"
By /!ItUM ~
Social Sec. !Tax ID No.iß,-" f IO5:¥1
CITY OF SALINA, KANSAS
By Ll~ ~~
Dennis M. Kissinger,
City Manager
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1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO.3
Pennanent Easement
Owner:
J.E. & Pearl Weiss Trust
Planters State Bank & Trust, Trustee
A tract of land located In Section Twenty-one (21), Township Fourteen (14) South, Range
Two (2) West of the Sixth (6th) Principal Meridian, In Saline County, Kansas; being more
particularly described as follows: ,
Commencing at the Southwest comer ot said Section (21); thence N 89° 33' 41" E along
the South line of said Section a distance of 439.08 teet to the POINT OF BEGINNING; thence
N 1 ° 05' 13" W a distance of 30.94 feet; thence N 49° 26' 54" E a distance of 1172.45 teet;
thence N 15° 44' 41" E a distance of 595.76 teet; Thence N 1° 53' 22" E a distance of 3438.66
feet; thence N 0° 30' 53" E a distance of 480.69 feet to the North line of said Section 21;
thence N 89° 38' 48" E along the North line of said Section 21 a distance of 30.00 feet; thence
S 0° 30' 53" W a distance ot 481.51 teet; thence S 1° 53' 22" W a distance of 3442.67 teet;
thence S 15° 44' 41" W a distance of 608.50 feet; thence S 49° 26' 54" W a distance of
1167.38 teet; thence S 1 ° OS' 13" E a distance of 17.12 teet to the South line of said Section
21; thence S 89° 33' 41" W along the South line of said Section 21 a distance of 30.00 feet
to the POINT OF BEGINNING.
The above tract contains 3,938 acres more or less.
TRACT NO.3'"
Temporary Construction Easement
Owner:
J.E. & Pearl Weiss Trust
Planters State Bank & Trust, Trustee
A tract of land located In Section Twenty-one (21), Township Fourteen (14) South, Range
Two (2) West of the Sixth (6th) Principal Meridian, In Saline County, Kansas; being more
particularly described as follows:
Commencing at the Southwest comer of said Section (21); thence N 89° 33' 41" E along
the South line of said Section a distance of 389.07 teet to the POINT OF BEGINNING; thence
N 1° OS' 13" W a distance ot 53.98 feet; thence N 49° 26' 54" E a distance of 1180.91 feet;
thence N 15° 44' 41" E a distance of 574.54 feet; Thence N 1° 53' 22" E a distance ot 3431.99
feet: thence N 0° 30' 53" E a distance of 479.33 feet to the North line of said Section 21;
thence N 89° 38' 48" E along the North line of said Section 21 a distance of 110.01 feet;
thence S 0° 30' 53" W a distance of 482.32 feet; thence S 1 ° 53' 22" W a distance of 3446.68
feet; thence S 15° 44' 41" W a distance of 621.23 feet: thence S 49° 26' 54" W a distance of
1162.31 teet; thence S 1° OS' 13" E a distance ot 3.30 feet to the South line ot said Section
21; thence S 89° 33' 41" W along the South line of said Section 21 a distance of 110.01 feet
to the POINT OF BEGINNING, less Tract No.3 and less road Right-of-Way.
The above tract contains 10.32 acres more or less.
EXHIBIT A
I
PERMANENT EASEMENT
Tract No.3
30.00'
S 89" 33' 41
N t. 53' 2Z' E
S l' 53' 2Z' w
LEGEND
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Section Comer
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- - - Road Right-óf-Way
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3442.67'
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Scale: "=200'
N 0' 30' 53" E
S 0' 30'
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III
110.01'
S 89' 33' 41
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 3A
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Section Comer
- - - Road Right-ot-Way
V / / / ~ ~~~:~~~'?' Construction
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III
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between PlANTERS
STATE BANK. & TRUST, now BANK. IV KANSAS, NA, TRUSTEE OF THE J, E. AND PEARL
WEISS TRUST, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the
"City").
wrrNESSE1H: 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 wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this - day of
, 1992.
PLANTERS STATE BANK & TRUST, NOW BANK IV
KANSAS, N.A., TRUSTEE OF THE J. E. AND PEARL
WEISS TRUST
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 Bank IV ~ NA, 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 Trust.
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
. .
Iltllilit BUCHER, WILLIS & RATLIFF
18'1_1~ ENGINEERS. PLANNERS. ARCH-ITECTs
TRACT NO.3
Pennanent Easement
Owner:
J.E. & Pearl Weiss Trust
Planters State Bank & Trust, Trustee
A tract ot land located In Section Twenty-one (21), Township Fourteen (14) South, Range
Two (2) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas; being more
particularly described as tollows: -
Commencing at the Southwest comer of said Section (21); thence N 89° 33' 418 E along
the South line of said Section a distance of 439.08 feet to the POINT OF BEGINNING; thence
N 1° OS' 138 W a distance of 30.94 feet; thence N 49° 26' 548 E a distance of 1172.45 teet;
thence N 15° 44' 418 Ea distance ot 595.76 teet; Thence N 1° 53' 228 E a distance of 3438.66
feet; thence N 0° 30' 538 E a distance of 480.69 feet to the North line of said Section 21;
thence N 89° 38' 488 E along the North line ot said Section 21 a distance of 30.00 feet; thence
S 0° 30' 538 W a distance ot 481.51 feet; thence S 1° 53' 228 W a distance of 3442.67 teet;
thence S 15° 44' 418 W a distance of 608.50 teet; thence S 49° 26' 548 W a distance ot
1167.38 teet; thence S 1° 05'138 E a distance of 17.12 teet to the South line of said Section
21; thence S 89° 33' 418 W along the South line of said Section 21 a distance of 30.00 teet
to the POINT OF BEGINNING.
The above tract contains 3.938 acres more or less.
EXHIBIT A
I
PERMANENT EASEMENT
Tract No.3
30.00'
S 89" 33' 41
N l' 53' 2:t' E
S l' 53' 2:t' w
LEGEND
6
Section Corner
- - - Rood Right-òf-Way
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I I Permanent Easement
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Scale: l' =200'
3438.66'
3442.67'
S (T 30'
TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and
between PLANTERS STATE BANK. & TRUST, now BANK. IV KANSAS, NA,
TRUSTEE OF THE J, E. AND PEARL WEISS TRUST, (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.
PLANTERS STATE BANK & TRUST, now
BANK IV KANSAS, N.A., TRUSTEE OF
THE J. E. AND PEARL WEISS TRUST
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 Bank IV
Kanqs, N.A., 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 Trust.
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
lallilit BUCHER, WILLIS & RATLIFF
11t'1'1..... ENGINEERS. PLANNERS. ARCH-ITECTs
TRACT NO. 3A
Temporary Construction Easement
Owner:
J.E.& Pearl Weiss Trust
Planters State Bank & Trust, Trustee
A tract of land located In Section Twenty-one (21), Township Fourteen (14) South, Range
Two (2) West of the Sixth (6th) Principal Meridian, In Saline County, Kansas: being more
partlcularty described as follows:
Commencing at the Southwest comer ot said Section (21); thence N 89° 33' 41- E along
the South line of said Section a distance of 389.07 feet to the POINT OF BEGINNING: thence
N 1° OS' 13- W a distance of 53.98 feet: thence N 49° 26' 54- E a distance of 1180.91 feet:
thence N 15° 44' 41- E a distance ot 574.54 feet; Thence N 1° 53' 22- E a distance at 3431.99
feet: thence N 0° 30' 53- E a distance of 479.33 feet to the North line of said Section 21;
thence N 89° 38' 48- E along the North line of said Section 21 a distance of 110.01 feet;
thence S 0° 30' 53- W a distance of 482.32 feet; thence S 1° 53' 22- W a distance of 3446.68
feet; thence S 15° 44' 41- Wa distance of 621.23 feet; thence S 49° 26' 54- W a distance of
1162.31 feet; thence S 1° OS' 13- E a distance of 3.30 feet to the South line of said Section
21: thence S 89° 33' 41- W along the South line of said Section 21 a distance of 110.01 feet
to the POINT OF BEGINNING, less Tract No.3 and less road Right-üf-Way.
The above tract contains 10.32 acres more or less.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 3A
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LEGEND
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Section Comer
- - - Rood Right-ot-Way
V / / /) Temporary Construction
Easement
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Scale: ,. -200'
, '0.0"
N 8go 38' ~ E
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S '" 53' 2Z' w
3-H6.6S'
S 0' 30' 53" w
"