SW4-28-T14S-R2W (Tract 1)
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PERMANENT EASEMENT
TIllS INDENTURE, made this ~ day of ~ , , 1992, by and between
FLOYD L HAGG and MYRTLE W. HAGG, AS ~ OF TIlE FLOYD L
HAGG TRUsr UIA DATED MAY 14, 1991, (the "Grantor"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WffNESSETH: 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 WffNESS WHEREOF, the Grantor has signed this Permanent Easement this
~~ay of:r4' , 1992.
STAtE, OF-KANSAS' l' ~ \, F",L OYD L. HAGG TRUST UIA dated May 14,
COUNTY OF SALINE ~ BOt ,1./ J 1991
fiLED FOR RECORD IN MY OF ICE L-. / '-1-:' ,
ON 5EP 1 0 1992. AT By: F~gg: Tl;~{L!?
~:~~~~æ 4Š ~Jl '-By: -2d~ ~aZ: T:!~;j1 ~uLM--
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 1.:3-ô--..day of ~h , ,1992, before me, the
undersigned, a notary public in and for the county and statt}'afor~aid, came Floyd L Hagg
and Myrtle W. Hagg, as Trustees of the Floyd L Hagg Trust UIA dated May 14, 1991, 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.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
p:""""""'" ""-",,", """"'.<~"~'M'.~",".",-
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H'~' ,..~ STATE OF KANSAS "
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[A real estate sales valIdatIon 'qu~tlOnnaIre
1437e(a)(13)]
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is not required pursuant to K.S.A. 79-
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Iltllill BUCHER, WilliS & RATLIFF
11t'1'1... ENGli'-lEERS I! PLANNERS. ARCHITECTS
TRACT NO.1
Permanent Easement
Owner: Floyd L. Hagg Trust UtA
A tract of land located In the Southwest Quarter (SWY4) of Section Twenty-Eight (28),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particularty desaibed as follows:
Commencing at the Southwest comer of the Southwest Quarter (SWlA) of said Sec'Jon
Twenty-Eight (28); thence N 0° 25' 59- W on an assumed bearing along the West line of said
Southwest Quarter a distance of 1307.12 feet to the POINT OF BEGINNING; thence N ago
29' 03- E a distance of 514.89 feet; thence N 1° 05' 13- W a distance of 1206.87 feet; thence
N 10° 26' 05- E a distance of 132.73 feet to the apparent North line of said Southwest Quarter;
thence S 89° 28' 48- W aiong the North line of said Southwest Quarter a distance of 30.56 feet;
thence S 10° 26' 05- W a distance of 129.95 feet; thence S 1° 05' 13- E a distance of 1179.60
feet; thence S 89° 29' 03- W a distance of 484.55 feet to the West line of said SWI/4; thence
S 0° 25' 59- E along the West line of said SWIA a distance of 30.00 feet to the POINT OF
BEGINNING.
The above described tract contains 1 .256 aaes more or less.
EXHIBIT A
.. '. .
4
MIM:. 8~ J....ir; PI ~
PERMANENT EASEMENT
Tract No.1
N
~
129.95'
S 1 0" 26' 05' W
30.56'
S 89" 28' 48" W
132.73'
N 1 0" 26' 05' E
Scale: 1" = 1 00'
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4-84.55'
514.89' S 89" 29' 03"' W
N 89" 29' 03"' E
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POINT OF BEGINNING
LEGEND
6
Section Corner
- - - Road Right-ot-Way
SW Cor. of
SW1/4, Sec. 28
~L
I Permanent Easement
EXHIBIT B
AGREEMENT
This Agreement is made this '1L,~ day of ~ ' 1992, by and between
FLOYD L HAGG and MYRTLE W. HAGG, TRU OF TIlE FLOYD L
HAGG TRUsr UIA DATED MAY 14, 1991, 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 Exhibit A-C, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Two Thousand Six Hundred Thirty-nine and 10/100 Dollars ($2,639.10) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(1.256 acres at $600 per acre)
$ 753.60
2.
Temporary Easement
(3.305 acres at $300 per acre)
991.50
3.
Damages to remaining property
(loss of crops $640; reseeding
waterway $254)
894.00
Total Compensation
$2,639.10
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 - G.v;u JA...i' I]" I ý tf 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
documenta tion,
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.
FLOYD L. HAGG TRUST UIA Dated May
14, 1991
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By
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Floyd U. Hagg, Truste¿
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By ~Ht~ &tf $~-
Tax ID No.
5),5" - ,3J?, C7 ¡ž.5 J
CITY OF SALINA, KANSAS
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Iltllill BUCHER, WILLIS & RATLIFF
18'1'1... ENGINEERS I! PLANNERS. ARCHITECTS
TRACT NO.1
Permanent Easement
Owner: Floyd L Hagg Trust UtA
A tract of land located In the Southwest Quarter (SW1A) of Section Twenty-Eight (28),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particularty desaibed as follows:
Commencing at the Southwest comer of the Southwest Quarter (SW'A) of said Section
Twenty-Eight (28); thence N 0° 25' 598 W on an assumed bearing along the West line of said
Southwest Quarter a distance of 1307.12 feet to the POINT OF BEGINNING; thence N 89°
29' 038 E a distance of 514.89 feet; thence N 1° 05' 138 W a distance of 1206.87 feet; thence
N 1 0° 26' 058 E a distance of 132.73 feet to the apparent North line of said Southwest Quarter:
thence S 89° 28' 488 W along the North line of said Southwest Quarter a distance of 30.56 feet;
thence S 10° 26' 058 W a distance of 129.95 feet; thence S 1° 05' 138 E a distance of 1179.60
feet; thence S 89° 29' 038 W a distance of 484.55 feet to the West line of said SW'A; thence
S 0° 25' 598 E along the West line of said SW'A a distance of 30.00 feet to the POINT OF
BEGINNING.
The above desaibed tract contains 1 .256 acres more or less.
TRACT NO. 1A
Temporary Construction Easement
Owner: Floyd L Hagg Trust UtA
A tract of land located in the Southwest Quarter (SW1/4) of Section Twenty-Eight '(28),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal 'Meridian In Saline
County, Kansas, being more particularty described as follows:
Commencing at the Southwest comer of the Southwest Quarter (SW'A) of said Section
Twenty-Eight (28); thence N 0° 25' 598 W on an assumed bearing along the West line of said
Southwest Quarter a distance of 1257.12 feet to the POINT OF BEGINNING; thence N 89°
29' 038 E a distance of 545.47 feet; thence N 1" 05' 138 W a distance of 1254.15 feet; thence
N 10" 26' 058 E a distance of 135.51 feet to the apparent North line of said Southwest Quarter;
thence S 89" 28' 488 W along the North line of said Southwest Quarter a distance of 112.04
feet; thence S 10" 26' 058 W a distance of 125.32 feet; thence S 1 ° OS' 138 E a distance of
1154.14 feet; thence S 89° 29' 038 W a distance of 434.21 feet to the West line of said SWY4;
thence S 0" 25' 598 E along the West line of said SW'/.. a distance of 110.00 feet to the POINT
OF BEGINNING, less Tract No.1 and less road Right-Of-Way.
The above described tract contains 3.305 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No.1
N
~
t 29.95'
S to" 26' 05' W
30.56'
S 89" 28' 48" W
t 32.73'
N t 0" 26' 05' E
Scale: ," ='00'
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S 0" 25' 59" E
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514.89' S 89" 29' 03"' W
N 89" 29' 03"' E
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POINT OF BEGINNING
LEGEND
.6.
Section Corner
- - - Road Right-of-Way
I Permanent Easement
SW Cor. of
SW1/4. Sec. 28
T14S R2W
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
Tract No.1 A
112.04'
S 89" 28' 48" W
N
125.32'
S 1 <T 26' 05' W
135.51 '
N 1<T 26' 05' E
Scale: 1" = 1 00'
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POINT OF BEGINNING
SW Cor. ot
SE1 /4, Sec. 28
T14S R 2W
LEGEND u
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.6. Section Corner ~
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-- - Road Right-ot-Way
V // /~ Temporary Construction
Easement
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
FLOYD L HAGG and MYRTlE W. HAGG, AS TRUSfEES OF TIlE FLOYD L
HAGG TRUsr UIA DATED MAY 14, 1991, (the "Grantor"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WffNESSETH: 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.
FLOYD L. HAGG TRUST UIA dated May 14,
1991
By:
Floyd L. Hagg, Trustee
By:
Myrtle W. Hagg, Trustee
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 Floyd L Hagg
and Myrtle W. Hagg, as Trustees of the Floyd L Hagg Trust UIA dated May 14, 1991, 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.
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
..
Iltllill BUCHER, WILLIS & RATLIFF
11t'1'1... ENGINEERS I! PLANNERS. ARCHITECTS
TRACT NO.1
Permanent Easement
Owner: Floyd L. Hagg Trust UtA
A tract of land located In the Southwest Quarter (SW1A) of Section Twenty-Eight (28),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particularly described as follows:
Commencing at the Southwest comer of the Southwest Quarter (SW'A) of said Sec:lon
Twenty-Eight (28); thence N 0° 25' 59- W on an assumed bearing along the West line of said
Southwest Quarter a distance of 1307.12 feet to the POINT OF BEGINNING; thence N 8go
29' 03- E a distance of 514.89 feet; thence N 1° 05' 13- W a distance of 1206.87 feet; thence
N 1 0° 26' 05- E a distance of 132.73 feet to the apparent North line of said Southwest Quarter;
thence S 89° 28' 48- W along the North line of said Southwest Quarter a distance of 30.56 feet;
thence S 10° 26' 05- W a distance of 129.95 feet; thence S 1°05' 13- E a distance of 1179.60
feet; thence S 89° 29' 03- W a distance of 484.55 feet to the West line of said SW'A; thence
S 0° 25' 59- E along the West line of said SW'A a distance of 30.00 feet to the POINT OF
BEGINNING.
The above described tract contains 1 .256 acœs more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No.1
N
t
129.95'
S 10" 26' 05' W
30.56'
S 89" 28' 48" W
132. 73'
N 1 0" 26' 05' E
Scale: ," ='00'
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0.00'
S 0" 25' 59" E
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484.55'
514.89' S 89" 29' 03" W
N 89" 29' 03" E
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POINT OF BEGINNING
LEGEND
.6.
Section Corner
I z I
I
- - - Road Right-ot-Way
SW Cor. ot
SW1/4, Sec. 28
T1 4S R2W
I Permanent Easement
EXHIBIT B
TEMPORARY EASEMENT
TIllS INDENTURE, made this - day of , 1992 by and
between FLOYD L HAGG and MYRTLE W. HAGG, AS TRUSTEES OF TIlE
FLOYD L HAGG TRUsr UIA DATED MAY 14, 1991, (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 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 have signed this Temporary Easement
this - day of , 1992.
FLOYD L. HAGG TRUST UIA dated May 14,
1991
By:
Floyd L. Hagg, Trustee
By:
Myrtle W. Hagg, Trustee
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 Floyd L
Hagg and Myrtle W. Hagg, as Trustees of the Floyd L Hagg Trust UIA dated May 14,
1991, 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.
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
..
-
Iltllill BUCHER, WILLIS & RATLIFF
11t'1'1... ENGINEERS! PLANNERS. ARCHITECTS
TRACT NO. 1A
Temporary Construction Easement
Owner: Aoyd L Hagg Trust UtA
A tract of land located In the Southwest Quarter (SW't4) of Sedlon Twenty-Eight '(28),
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 Southwest comer of the Southwest Quarter (SW'/4) of said Section
Twenty-Eight (28); thence N 0° 25' 59- W on an assumed bearing along the West line of said
Southwest Quarter a distance of 1257.12 feet to the POINT OF BEGINNING; thence N 89°
29' 03- E a distance of 545.47 feet; thence N 1 ° 05' 13- W a distance of 1254.15 feet; thence
N 10° 26' 05" E a distance of 135.51 feet to the apparent North line of said Southwest Quarter;
thence S 89° 28' 48- W along the North line of said Southwest Quarter a distance of 112.04
feet; thence S 10° 26' 05" W a distance of 125.32 feet; thence S 1° 05' 13- E a distance of
1154.14 feet; thence S 89° 29' 03- W a distance of 434.21 feet to the West line 01 said SW1A;
thence S 0° 25' 59- E along the West line of said SW'.4 a distance of 110.00 feet to the POINT
OF BEGINNING, less Tract No.1 and less road Rlght-Qf-Way.
The above described tract contains 3.305 acres more or less.
EXHIBIT A
.
-
TEMPORARY CONSTRUCTION EASEMENT
Tract No.1 A
112.04'
S Sg- 2S' 48'" w
N
125.32'
S 1 0" 26' 05' W
135.51'
N 10" 26' 05' E
Scale: 1ft = 1 00'
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POINT OF BEGINNING
LEGEND
SW Cor. at
SE1 /4, Sec. 28
T14S R 2W
- - - Road Right-at-Way
V / / / J ~~~:~~~?' Construction