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SW4-29-T14S-R2W (Tract 47) MÏ!;c. Rk LJU Pg ~'l PERMANENT EASEMENT THIS INDENTURE, made this 'J~ day ofCQ.~,-, , 1992, by and between WllLIAM R. SMITH and HARRIE1T C. SMlTII, 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. STATE OF KANSAS } sSJIÝ ) COUNTY OF SALINE fiLED FOR RECORD IN MY OFFICE OK. NOV 1 0 1992 AT t: 0 'CWCK:.f1,.A D.UlY~E;2:~;L'1- g 3( \/h<~u¿,d C ~FJLZl:t..: .vO., EG. OF DEEDS Harriett C. Smith F KANSAS, SALINE COUNTY, ss: if¿Ø:.:~'< L~ illiam R; Smith ---- BE IT REMEMBERED, that on this ~ day of C:J~IV, 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came William R. Smith and Harriett C. Smith, 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. '-~"-'_"."",h.,.._...""""",,~,~,,,.__.; -"JAMES SWEOl.§JUND ' NOTARY PUBLIC STATE ÐF KANSAS MY AltPT. fÐ(PIRSS ':?,'-", ~~ ~~~ ~~~- v Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] AGREEMENT This Agreement is made this 5~ day of ~i4v,-- , 1992, by and between WllLIAM R. SMITH and HARRIE1T C. SMlTII, 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. 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 One Hundred Fifty and 48/100 Dollars ($150.48) for the permanent easement, consisting of the following: 1. Permanent Easement (.132 acres at $1,000 per acre) $132.00 2. Damages to remaining property (Loss of crops) 18.48 Total Compensation $150.48 C. 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. ' 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 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. F. Closing. Closing shall take place on or before 'ÌJ ft,LtW~Á.A.' :5 I I C¡ C¡ 2...- 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 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. 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. -2- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. wd!{l-.---- æ ~ William R. Smith Social Sec. No..Â ¿; ¿; ¿ S-- / f?] r ? ~/Ví-u! .tI: e tL~~ Harriett C. Smith Social Sec. No.':;' 5 .- 3 g- <{ 4 7' D CITY OF SALINA, KANSAS / By £!.",--, ~ ' Dennis M. Kissinger, City Manager -3- IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCH'ITECTS TRACT NO. 47 Permanent Easement Owner: William R. Smith and Harriett C. Smith A tract of land located In the Southwest Quarter (SW1A) of Section Twenty-Nine (29), Township Fourteen South (148), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as follows: Convnenclng at the Southwest comer of said SW1A; thence S 89° 52' 288 E along the South line of said SW1A a distance of 918.30 feet; thence N 0° 07' 328 E a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 07' 328 E a distance of 30.00 feet; thence S 89° 52' 288 E a distance of 188.88 feet; thence S 7° 47' 128 E a distance of 30.29 feet; thence N 8go 52' 288 W along a line 110.00 feet North of and parallel to the South line of said SW1,4 a distance of 193.05 feet to the POINT OF BEGINNING. The above described tract contains. 132 aa-es more or less. EXHIBIT A PERMANENT EASEMENT Tract No.4 7 N (J' 07' 32" E 0 OF BEGINNING 188.88' S 89" 52' 28" E , , 0.00' N O' 07' 32" E S ì 47' 12." E 193.05' N 89" 52' 2 w ------- 918.30' S 89' S2' 2Š--E - - - - MAGNOUA ROAD ---------- W or. ot SW1/4 Sec. 29 T'4S R2W N LEGEND D. Section Corner - - - Road Right-ot-Way I Permanent Easement Scale: "'=100' EXHIBIT B PERMANENT EASEMENT TIllS INDENTURE, made this - day of , 1992, by and between WILLIAM R. SMITH and HARRIETr C. SMITH, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSE1lf: 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. William R. Smith Harriett C. Smith 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 William R. Smith and Harriett C. Smith, 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 KS.A. 79- 1437e( a)( 13)] EXHIBIT C " 1811111 BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCH"TECTS TRACT NO. 47 Permanent Easement Owner: WIlliam R. Smith and Harriett C. Smith A tract of land located In the Southwest Quarter (SW/4) of Section Twenty-Nine (29), Township Fourteen South (14S), Range Two West (2W) of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as foUows: Commencing at the Southwest comer of said SW1A; thence S 89° 52' 28- E along the South line of said SWA a distance of 918.30 feet; thence N ()o 07' 32- E a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 07' 32- E a distance of 30.00 feet; thence S 89° 52' 28- E a distance of 188.88 feet; thence S 7° 47' 12- E a distance of 30.29 feet; thence N 89° 52' 28- W along a line 110.00 feet North of and parallel to the South line of said SW1A a distance of 193.05 feet to the POINT OF BEGINNING. The above described tract contains. 132 aaes more or less. EXHIBIT A . - - PERMANENT EASEMENT Tract No.4 7 188.88' S 8ge 52' 2f!" E S ì 47' 12" E N (j 07' 32" E 110.00' N O' 07' 32" E 193.05' N 8ge 52' 2f!" W ------- 918.30' S 89' 52' 2Š--E - - - - MAGNOUA ROAD ---------- Cor. of SW1 /4 Sec. 29 T14S R2W N LEGEND D. Section Corner - - - Road Right-ot-Way I Permanent Easement Scale: "'='00' EXHIB IT B