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SW4-29-T14S-R2W (Tract 46) ~'-,j , Misc.8k ilIr~ PI s;;.? PERMANENT EASEMENT 1HIS INDENTURE, made this -'$ ~ day of 0~ , 1992, by and between CATHERINE H. CLINE and HARRY E. CLINE, as Trustees of the CATHERINE H. CLINE mUST UNDER AGREEMENT DATED DECEMBER 5, 1991, and HARRY E. CLINE and CATHERINE H. CLINE, as Trustees of the HARRY E. CLINE mUST UNDER AGREEMENT DATED DECEMBER 5, 1991, (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 seIVants, 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 11.& day of ~~ , 1992. CATHERINE H. CLINE TRUST UNDER AGREEMENT DATED DECEMBER 5, 1991 By ('~ ~A/~ JL ?J. ~~ Catherine H. Cline, Trustee STATE OF KANSAS } 55., ~~\~)' COUNTY OF SALINE FILED FOR RECORD IN MY OFFIC ON. NOV 1 0 1992. AT HARRY E. CLINE TRUST UNDER A -- AGREEMENT DATED DECEMBER 5, 1991 g':QtO'CLOC~.A ~LYRECaRO~ :;.j-g).~ va . T PAGU?. / ! / '. EG. OF DEEDS //,~ 14./,'" c',' -' .',c L_/~Z, -",',.,., .7 B~a~ ;\;;%e,'Trus~ -n " ,/ ~ <J/ ?¡¿ By , . l JI...... ( -'1/1 ß- Catherine H. Cline, Trustee ., ~. Mise. Bk IS',.::, P, g;¿~ STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on thisl",""¡¿ day of ~~, 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came Catherine H. Cline and Harry E. Cline, as Trustees of the Catherine H. Cline Trust Under Agreement dated December 5, 1991, AND Harry E. Cline and Catherine H. Cline, as Trustees of the Harry E. Cline Trust Under Agreement dated December 5, 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 on behalf of the Trusts. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~-....... ,.&¡ JÅtllfb SWEDWNO NOTARV PUraL.IC irATE ØF KANSAS MY APPT.~PIR~S ..~~, " [A real estate sales validation 1437e(a)(13)] ~~ k~~~ , Notary PublIc questionnaire is not required pursuant to K.S.A. 79- -2- .~ ~. "" . Misc. Bk k.~ pg..&d:/- IIIIIII BUCHER, WilliS & RATLIFF 11'1'1.... ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 46 Permanent Easement Owner: Harry E. Cline Trust A tract of land located In the Southwest Quarter (SWIA) of Section Twenty-Nine (29), Township Fourteen South (148), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particular1y described as follows: Commencing at the Southwest comer of said SWIA; thence S 89° 52' 288 E along the South line of said SW1/4 a distance of 430.00 feet; thence N 0° 07' 328 E a distance of 80.00 feet to a point on the East Boundary of an Existing Right-Of-Way held by the City of Salina for the Smoky Hili River Channel Change, said point being the POINT OF BEGINNING; thence S 89° 52' 288 E along a line 80.00 feet North of and parallel to the South line of said SWIA a distance of 373.30 feet; thence N 75° 30' 20. E a distance of 118.85 feet; thence N 0° 07' 328 E a distance of 30.00 feet thence N 89° 52' 288 W a distance of 3.85 feet; thence S 75° 30' 208 W a distance of 118.85 feet; thence N 89° 52' 288 W a distance of 384.43 feet to the East Boundary of said Smoky Hill River Channel Change Right-Of-Way; thence S 26° 24' 318 E a distance of 33.53 feet to the POINT OF BEGINNING. The above described tract contains .344 aaes more or less. EXHIBIT A ." ......... - PERMANENT EASEMENT Tract No. 46 Misc. Bk ¡(Ii ~ Pg ~ ~~ \ ~ \ 0 1i \ ~ \ Y \ ~ ~ \ q,\ ~ \ 1þ \ N 8g- 118.85' S 7ft 30' 2 -- 33.53' S 2Er 24' 31 E N 8g- 52' 2f!' W 373.30' - - - ~ 52' 2 E -- 430.00' S 89. 52' 2 80.00' N O' 07' 32" E E - - - - MAGNOLIA ROAD ------ N LEGEND ~ Section Corner - - - Road Right-of-Way I Permanent Easement Scale: 1"=100' # .~ L ~ M../ fa. EXHIBIT B AGREEMENT This Agreement is made this, :š "\l~ day of CQ~'-' , 1992, by and between CA 11IERINE H. CLINE and HARRY E. CLINE, as Trustees of the CA 11IERINE H. CLINE mUST UNDER AGREEMENT DATED DECEMBER 5, 1991, and HARRY E. CLINE and CA11IERINE H. CLINE, as Trustees of the HARRY E. CLINE mUST UNDER AGREEMENT DATED DECEMBER 5, 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. It is the desire of the Grantor 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: A Description. The interest to be conveyed by the Grantor to the City shall be public permanent easement in, through, over, and across real estate owned by the Grantor more particularly described on the Engineering Drawings attached as Exhibits A-B, to this Agreement. B. Compensation. The City agrees to pay the Grantor upon closing the total sum of Three Hundred Ninety-two and 16/100 Dollars ($392.16) for the permanent easement, consisting of the following: 1. Permanent Easement (.344 acres at $1,000 per acre) $344.00 2. Damages to remaining property (Loss of crops) 48.16 Total Compensation $39216 C. Well Testing. Grantor has two domestic water wells located on or near the permanent easement. The City agrees that upon Grantor's request, for up to three times per calendar year, the City will test a water sample taken by a representative of the City from one or both of the wells. If it is determined that either or both of the wells has been contaminated by a discharge from the interceptor sewer installed in the permanent easement, the City agrees to pay the cost of relocating the contaminated well(s) to a location designated by Grantor. D. Permanent 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 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 City's expense. E. 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. F. Consent to Easement. In those cases where the permanent easement described in paragraph (A) is 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. G. Closing. Closing shall take place on or before '11 c'(ÞVw.-f1.M- 3 i I 9 If' L At closing the Grantor shall: 1. deliver to the City the fully executed and acknowledged Permanent Easement document, 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 numbers, -2- at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. H. Nonassignable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. I. 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 WffNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CATHERINE H. CLINE TRUST UNDER AGREEMENT DATED DECEMBER 5, 1991 B e ~" ~. /~ f . y ~ .~ bvt.;L. . ( , ..L.--.-. ßI- Catherine H. Cline; Trustee CITY OF SALINA, KANSAS By L~~. ~ Dennis M. Kissingef, /' City Manager -3- - ~ 1811118 BUCHER, WILLIS & RATLIFF 18'1'1.... ENGINEERS. PLANNERS. ARCH'ITECTS TRACT NO. 46 Permanent Easement Owner. Harry E. Cline Trust A tract of land located In the Southwest Quarter (SW'A) of Section Twenty-Nine (29), Township Fourteen South (148), Range Two West (2W) of the Sixth Pr1nc1pal Meridian In Saline County, Kansas, being more partlcular1y described as follows: CommencIng at the Southwest comer of said SW'A; thence S 890 52' 28- E along the South line of said SW'A a distance of 430.00 feet; thence N 00 07' 32- E a distance of 80.00 feet to a point on the East Boundary of an existing Right-Of-Way held by the City of Salina for the Smoky HID River Channel Change, said point being the POINT OF BEGINNING; thence S 890 52' 28- E along a line 80.00 feet North of and parallel to the South line of said SW'A a distance of 373.30 feet; thence N 750 30' 20- E a distance of 118.85 feet; thence N 00 07' 32- E a distance of 30.00 feet thence N 8go 52' 28- W a distance of 3.85 feet; thence S 750 30' 20- W a distance of 118.85 feet; thence N 8go 52' 28- W a distance of 384.43 feet to the East Boundary of said Smoky Hili River Channel Change Right-Of-Way; thence S 2SO 24' 31- E a distance of 33.53 feet to the POINT OF BEGINNING. The abOve described tract contains .344 aaes more or less. EXHIBIT A PERMANENT EASEMENT Tract No, 46 \ ~ \ 0 1). \ ~ \ Y \ ~ ~\ q,\ ,\\ ~ \ 11S.85' S 7ft 30' 2 -- 33.53' S 2Er 2...' 31 E N SS- 52' 2f!' W 373.30' --_~52'2 E -- 430.00' S 89' 52' 2 80.00' N (J' 07' 32" E E - - - - MAGNOLIA ROAD ------ N LEGEND ~ Section Corner - - - Road Right-at-Way ( Permanent Easement Scale: 1"=100' 1<'YHTRTT R PERMANENT EASEMENT 1HIS INDENTURE, made this - day of , 1992, by and between CATHERINE H. CLINE and HARRY E. CLINE, as Trustees of the CATHERINE H. CLINE lRUST UNDER AGREEMENT DATED DECEMBER 5, 1991, and HARRY E. CLINE and CATHERINE H. CLINE, as Trustees of the HARRY E. CLINE lR UST UNDER AGREEMENT DATED DECEMBER 5, 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 - day of , 1992. CATHERINE H. CLINE TRUST UNDER AGREEMENT DATED DECEMBER 5, 1991 By Catherine H. Cline, Trustee By Harry E. Cline, Trustee HARR Y E. CLINE TR UST UND ER AGREEMENT DATED DECEMBER 5, 1991 By Harry E. Cline, Trustee By Catherine H. Cline, Trustee EXHIBIT C 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 Catherine H. Cline and Harry E. Cline, as Trustees of the Catherine H. Cline Trust Under Agreement dated December 5, 1991, AND Harry E. Cline and Catherine H. Cline, as Trustees of the Harry E. Cline Trust Under Agreement dated December 5, 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 on behalf of the Trusts. 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- ~ ~ 111111111 BUCHER, WILLIS & RATLIFF 111'1'1.... ENGINEERS. PLANNERS. ARCH'JTECTS TRACT NO. 46 Permanent Easement Owner. Harry E. Cline Trust A tract of land located In the Southwest Quarter (SW'A) of Section Twenty-Nine (29), Township Fourteen South (148), Range Two West (2W) of the Sixth Pr1nc1pal Meridian In Saline County, Kansas, being more partlcular1y described as follows: Commencing at the Southwest comer of said SW'A; thence S 89° 52' 288 E along the South line of said SW'A a distance of 430.00 feet; thence N 0° 07' 328 E a distance of 80.00 feet to a point on the East Boundary of an Existing Right-Of-Way held by the City of Salina for the Smoky HIU River Channel Change, said point being the POINT OF BEGINNING; thence S 89° 52' 288 E along a line 80.00 feet North of and parallel to the South line of said SW'A a distance of 373.30 feet; thence N 75° 30' 208 E a distance of 118.85 feet; thence N 00 OT 328 E a distance of 30.00 feet thence N 8go 52' 288 W a distance of 3.85 feet; thence S 75° 30' 208 W a distance of 118.85 feet; thence N 89° 52' 288 W a distance of 384.43 feet to the East Boundary of said Smoky Hili River Channel Change Right-Of-Way; thence S 26° 24' 318 E a distance of 33.53 feet to the POINT OF BEGINNING. The abOve described tract contains .344 aaes more or less. EXHIBIT A - ~- PERMANENT EASEMENT Tract No. 46 \ ~ \ 0 1). \ ~ \ Y \ ~ ~ \ q,\ ,\\ ~ \ 33.53' S 2S- 24' 31 E -- N 89" 52' 2ff' W 373.30' --_~52'2 E -- 430.00' S 89. 52' 2 80.00' N 0" 07' 32" E E - - - - MAGNOLIA ROAD ------ N LEGEND ~ Section Comer - - - Road Right-ot-Way ( Permanent Easement Scale: 1"=100' F.X'HTBIT ß