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SW4-28-T14S-R2W (Tract 2) . . , , . ' Misc. Bk ~ Pg ,...J ~ PERMANENT EASEMENT TIllS INDENTURE, made this ~ay of ~ , 1992, by and between EDWARD L. WUERTH and DORCAS WUERTH, ~ wife, and ROBERT S. WUERTH and PHYlLIS L. WUERTH, husband and wife, (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 WITNESS WHEREOF, the Grantor has signed this Permanent Easement this ~ day of JVl-7 ' 1992. " -E~ .~"- Edward L. Wuerth ~' _)(~'-leLJ- Ú ¡,û.?.,/-tl Dorcas Wuerth =~~NE }æ.~)) flLEQ FOR RECORD IN MY OF~~E ON SEP 1 { 1m. AT ~. UO, 'CLOC~. A~ RECORDED ~~'fI1:.' T PAGEa..1/-;¿ '-Ii ~EG, OF DEEDS , if ~J ~ ¡;{:¡<Q41l Robert S. Wuerth {~bvfL f<¿J~- Phyllis L. uerth ' ... , ' , Misc. Bk ...LíL Pg ~ '1'2>. b %' -'ìd STATE Op'Lt'k--- -;tl:.." /é,,¿ ,¿/",<,{ COUNTY, ss: / ä 1~/ BE IT REMEMBERED, that on this ~ day of / '¿ , 19, before me, the undersigned, a notary public in and for the county and state afo esaid, came Edward L. Wuerth and Dorcas Wuerth, husband and wife, 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 ~y official seal the day and year last above written. MtW ~li:lGEON NOTARY PUBLIC, St~!e of Naw Vcrft r,;6) ,14 -::~O('P'$O ~'77:, /- , Ot!,z;I¡¡Þ-{; :;,' b~~,~);; C-1IJWI / ~QQ¡r-:";'~~~:~~ I? 13 STATE OF CALIFORNI~ SAN MATEO COUNTY, ss: 1992 BE IT REMEMBERED, that on this D.En...- day of .TTTT,V , 19, before me, the undersigned, a notary public in and for the county and state aforesaid, came Robert S. Wuerth and Phyllis L. Wuerth, husband and wife, 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 seallhe day and year last above ~ Æ~ ¿ [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] ........................., : . DCItJ)RP ... CUØIAIIA T : ., NOI"'::':=~ I MrQQli.ø. II ~....()cMJb8J ,. ,.. L......................... -2- , , - . . . Misc. Bk ~ Pg cJ.é/.-3 1811118 BUCHER, WilliS & RATLIFF 18'1'1ar..... ENGINEERS I PLANNERS .1 ARCH'ITECTS TRACT NO.2 Permanent Easement Owner: Robert S. & Edward L Wuerth A tract of land located in the Northwest Quarter (NW'A) of Section Twenty-Eight (28), 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 the Northwest Quarter (NW'A) of said Section Twenty-EJght (28); thence N 8go 33' 41. E on an assumed bearing along the North line of said Northwest Quarter a distance of 439.08 feet to the POINT OF BEGINNING; thence S 1° OS' 13. E a distance of 1175.9 feet; thence S 25° 05' 15" E a distance of 548.92 feet; thence S 10° 26' 05. W a distance of 987.86 feet to the apparent South line of said Northwest Quarter, thence N 89° 28' 48. E along the South line of said Northwest Quarter a distance of 30.56 feet; thence N 10° 26' 05. E a distance of 991.66 feet; thence N 25° 05' 15. W a distance of 552.16 feet; thence N 1 ° OS' 13. W a distance of 1169.19 feet to the North line of said NW1A; thence S 89° 33' 41. W along the North line of said NW'A a distance of 30.00 feet to the POINT OF BEGINNING. The above describe tract contains 1.868 Acres more or less. EXHIBIT A ~ "" t<.. ~ PERMANENT EAsEMENT Tract No.2 .... tr: ~ v, if LEGEND ,6 Section Comer - - - Rood Right-at-Way I I Pennanent Easement .. , , . , II .LIIIIHX3 NW ,or of NWI 4. See, 28 T14S R2W I :~¡~: <o -¡" II: I II I NI I I ~ I I ~ I III POINT Of' BEGINNING ~:z: Scale: 1'.100' J 4 ~ ~~ AGREEMENT This Agreement is made this 17tR day of ~ ' 1992, by and between EDWARD L. WUERTH and DORCAS WUERTH, us' d and wife, and ROBERT S. WUERTH and PHYILIS L. WUERTH, husband and wife, 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 Three Thousand Two Hundred Sixty-seven and 24/100 Dollars ($3,267.24) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1.868 acres at $400 per acre) $ 747.20 2. Temporary Easement (4.937 acres at $200 per acre) 987.40 3. Damages to remaining property 1.532.64 (loss of crops $560; reseeding brome $362; 222 ft. permanent fence $610.64) Total Compensation $3,267.24 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: CùA.i~- J "L f Ý 1/ L f ' 1. deliver to the City the fully executed and acknowledged permanent and temporary easements 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 social security numbers, 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 WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. , f~N~ Edward L. uerth Social Sec. No. !J s: 1// - ,y ~ & j C~ ~ t rL~) Ii tLé, [l L-/' ' Dorcas Wuerth . --- I " '~:> K Social Sec. No. II.'>. "" t -1/JJ --S J} ~' I , ~ / . ". . t-~t.. Robert S. Wuerth. ~ Social Sec. No. ll:)~ -' ð:3 .- Jp,~1/ ~~-' . \ -;;zi / / j-1, /'. '...-- > -hw -~ rÁ tv. v< /). "II P yllis L. uerth . Social Sec. No. .S- 7 --5-:: ;Z ~- 6. 71 J' CITY OF SALINA, KANSAS A~ By T'-"\/ Dennis M. Kissingtfr, City Manager -3- . , . ... 1811118 BUCHER, WILLIS & RATLIFF 1_'IIIar..... ENGINEERS I PLANNERS'I ARCHolTECTS TRACT NO.2 Permanent Easement Owner: Robert S. & Edward L Wuerth A tract of land located In the Northwest Quarter (NW'A) of Section Twenty-Eight (28), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas being more partlœlar1y described as follows: Commencing at the Northwest comer of the Northwest Quarter (NW1A) of said Section Twenty-Eight (28); thence N 89° 33' 418 E on an assumed bearing along the North line of said Northwest Quarter a distance of 439.08 feet to the POINT OF BEGINNING; thence S 1° OS' 13- E a distance of 1175.9 feet; thence S 25° OS' 158 E a distance of 548.92 feet: thence S 10° 26' 058 W a distance of 987.86 feet to the apparent South line of said Northwest Quarter, thence N 89° 28' 488 E along the South line of said Northwest Quarter a distance of 30.56 feet: thence N 10° 26' 058 E a distance of 991.66 feet; thence N 25° 05' 158 W a distance of 552.16 feet; thence N 1 ° OS' 138 W a distance of 1169.19 feet to the North line of said NW1A; thence S 89° 33' 418 W aiong the North line of said NW'A a distance of 30.00 feet to the POINT OF BEGINNING. The above describe tract contains 1.868 Acres more or less. TRACT NO. 2A Temporary Construction Easement Owner. Robert S. & Edward L Wuerth A tract of land located In the Northwest Quarter (NW'A) of Section Twenty-EIght (28), Township Fourteen South (148), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas being more partiœlar1y described as follows: Commencing at the Northwest corner of the Northwest Quarter (NW1/~) of said Section Twenty-EIght (28); thence N 89° 33' 418 E on an assumed bearing along the North line of said Northwest Quarter a distance of 389.07 feet to the POINT OF BEGINNING; thence S 1° OS' 13- E a distance of 1187.1 a feet; thence S 25° OS' 15" E a distance of 543.54 feet; thence S 10° 26' 05" W a distance of 981.51 feet to the apparent South line of said Northwest Quarter, thence N 89° 28' 488 E along the South line of said Northwest Quarter a distance of 112.04 feet; thence N 10° 26' 05" E a distance of 995.46 feet; thence N 25<' 05' 15" W a distance of 555.39 feet; thence N 1 ° OS' 13- W a distance of 1162.47 feet to the North line of said NW'A; thence S 89° 33' 418 W along the North line of said NW'A a distance of 110.01 feet to the POINT OF BEGINNING, less Tract No.2 and less road Right-Of-Way. The above describe tract contains 4.937 Acres more or less. EXHIB IT A PERMANENT EAsEMENT Tract No.2 LEGEND .ð. Section Comer - - - Road Right-ot-Way L- - ~ ~ Permanent Easement II .LH!IRXa NW Cor. ot NW1/4. Sec. 28 T14S R2W I I~I POINT OF BEGINNING . ~ :z: Scale: "='00' :::> IHIIHX3 TEMPORARY CONSTRUCTION EASEMENT Tract No. 2A NW Cor. of NW1/4. Sec. 28 T14S R2W I I t~1 LEGEND POINT Of BEGINNING ,6, Section Comer - - - Road Right-of-Way V / / /~ 1~~"p~~~7 Construction ~ --:z: Scale: 1'=100' PERMANENT EASEMENT TIllS INDENTURE, made this - day of , 1992, by and between EDWARD L. WUERTH and DORCAS WUERTH, husband and wife, and ROBERT S. WUERTH and PHYUJS L. WUERTH, husband and wife, (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 WITNESS WHEREOF, the Grantor has signed this Permanent Easement this - day of , 1992. Edward L. Wuerth Dorcas Wuerth Robert S. Wuerth Phyllis L. Wuerth Exhibit D STATE OF COUNTY, ss: BE IT REMEMBERED, that on this - day of , 19, before me, the undersigned, a notary public in and for the county and state aforesaid, came Edward L. Wuerth and Dorcas Wuerth, husband and wife, 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 STATE OF COUNTY, ss: BE IT REMEMBERED, that on this - day of , 19, before me, the undersigned, a notary public in and for the county and state aforesaid, came Robert S. Wuerth and Phyllis L. Wuerth, husband and wife, 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)] -2- 1811118 BUCHER, WilliS & RATLIFF 18'1'1ar..... ENGINEERS I PLANNERS .1 ARCHolTECTS TRACT NO.2 Pennanent Easement Owner: Robert S. & Edward L Wuerth A tract of land located In the Northwest Quarter (NWI4) of Section Twenty-Eight (28), 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 the Northwest Quarter (NWI4) of said Section Twenty-Eight (28); thence N 890 33' 41" E on an assumed bearing along the North line of said Northwest Quarter a distance of 439.08 feet to the POINT OF BEGINNING; thence S 10 OS' 13" E a distance of 117S.9 feet; thence S 250 OS' 1S" E a distance of 548.92 feet; thence S 100 26' OS" W a distance of 987.86 feet to the apparent South line of said Northwest Quarter, thence N 890 28' 48" E along the South line of said Northwest Quarter a distance of 30.56 feet; thence N 100 26' OS" E a distance of 991.66 feet; thence N 2So 05' 15" W a distance of SS2. 16 feet; thence N 10 OS' 13" W a distance of 1169.19 feet to the North line of said NW1A; thence S 890 33' 41" W along the North line of said NW/4 a distance of 30.00 feet to the POINT OF BEGINNING. The above describe tract contains 1.868 Acres more or less. EXHIBIT A PERMANENT EAsEMENT Tract No.2 LEGEND ,ð Section Comer - - - Road Right-ot-Way I I Penn anent Easement 11 .LII1IHXa NW 7or, ot NW1 4, See, 28 T14S R2W POINT OF BEGINNING I~~I .... II~ I II I NI I I ~ I I ~ I III . ~ :z: Scale: 1'-100' TEMPORARY EASEMENT TIllS INDENTURE, made this - day of ,1992 by and between EDWARD L. WUERTH and DORCAS WUERTH, husband and wife, and ROBERT S. WUERTH and PHYILIS L. WUERTH, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WffNESSETH: 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 WffNESS WHEREOF, the Grantor have signed this Temporary Easement this - day of , 1992. Edward L. Wuerth Dorcas Wuerth Robert S. Wuerth Phyllis L. Wuerth STATE OF COUNTY, ss: BE IT REMEMBERED, that on this - day of , 19, before me, the undersigned, a notary public in and for the county and state aforesaid, came Edward L. Wuerth and Dorcas Wuerth, husband and wife, 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. Exhibit E Notary Public STATE OF COUNTY, ss: BE IT REMEMBERED, that on this - day of , 19, before me, the undersigned, a notary public in and for the county and state aforesaid, came Robert S. Wuerth and Phyllis L. Wuerth, husband and wife, 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)] -2- , '" 1811118 BUCHER, WILLIS & RATLIFF 18'1'1ar..... ENGINEERS I PLANNERS ,I ARCH'ITECTS TRACT NO. 2A Temporary Construction Easement Owner. Robert S. & Edward L Wuerth A tract of land located In the Northwest Quarter (NWA) of Section Twenty-Eight (28), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas being more partirolarty described as follows: Commencing at the Northwest comer of the Northwest Quarter (NW/4) of said Section Twenty-Eight (28); thence N 89° 33' 41- E on an assumed bearing along the North line of said Northwest Quarter a distance of 389.07 feet to the POINT OF BEGINNING; thence S 1 ° OS' 13- E a distance of 1187.1 0 feet; thence S 25° OS' 15" E a distance of 543.54 feet; thence S 1 0° 26' 05" W a distance of 981.51 feet to the apparent South line of said Northwest Quarter, thence N 89° 28' 48- E along the South line of said Northwest Quarter a distance of 112.04 feet; thence N 10° 26' 05- E a distance of 995.46 feet; thence N 25" OS' 15- W a distance of 555.39 feet; thenCe N 1 ° OS' 13- W a distance of 1162.47 feet to the North line of said NW/4; thence S 89° 33' 41- W along the North line of said NW,4 a distance of 110.01 feet to the POINT OF BEGINNING, less Tract No.2 and less road Right-Of-Way. The above describe tract contains 4.937 Acres more or less. EXHIBIT A H :q:q'P{x:;¡ TEMPORARY CONSTRUCTION EASEMENT Tract No. 2A NW Cor. of NW1/4. See, 28 T14S R2W LEGEND POINT OF BEGINNING 6. Section Comer - - - Rood Right-of-Way V / / / J ~~~:'::~~7 Construction ~ --:z: Scale: 1"=100'