SW4-29-T14S-R2W (Tract 48)
\
Misc, Bk J~~
Pg 8- ~ ~
PERMANENT EASEMENT
THIS INDENTURE, made this '1-".Á day of (S)~(J.ú./, 1992, by and between
CATIIERINE H. CLINE and HARRY E. CLINE, as Trustees of the CATIIERINE 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, (the "Grantor"), and the CITY OF
SALINA, KANSAS, a municipal corporation (the "City").
WlTNESSETH: 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 WlTNESS WHEREOF, the Grantor has signed this Permanent Easement this
~ day of ~k~iL.v , 1992.
STATE OF KANSAS } . , (f\i"'
COUNTY OF SALINE ss., '\ j
FILED FOR RECORD IN MY. OFFICE
ON. NOV 1 0 1992, AT /. " /,' T.. '~/~/.' "
By J t;C:?L
.M.A~plYRECO~~ 'tß 3{ H ry E. ine, Trustee
O~T PAG J... D
EG. OF DEEDS HARR Y E. CLINE TR UST UND ER
AGREEMENT DATED DECEMBER 5, 1991
CATHERINE H. CLINE TRUST UNDER
AGREEMENT DATED DECEMBER 5, 1991
By C ~iA~ 'J:i ~~
Catherine H. Cline, Trustee
By ~Jf) ,. - 'W- (~
Catherine H. Cline, Trustee
AGREEMENT
This Agreement is made this :)"1...& day of (}~~ , 1992, by and between
CATHERINE H. CLINE and HARRY E. CLINE, as Trustees of the CA TIIERINE H.
CLINE TRUST UNDER AGREEMENT DATED DECEMBER 5, 1991, and HARRY
E. CLINE and CATIIERINE H. CLINE, as Trustees of the HARRY E. CLINE TRUST
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 Six Hundred Seventy-four and 88/100 Dollars ($674.88) for the permanent
easement, consisting of the following:
1.
Permanent Easement
(.592 acres at $1,000 per acre)
$592.00
2.
Damages to remaining property
(Loss of crops)
82.88
Total Compensation
$674.88
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 'n VLJ...ll-'- ~'- -ç t I '1 f 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,
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 WlTNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CATHERINE H. CLINE TRUST UNDER
AGREEMENT DAT;ED DECEMBER 5,1991
7
B e~' ~ /7£ ~
y IA.-V)...... - { :A,/¡,...(,.
Catherine H. Cline, Trustee
Tax ID No. r; /3 ð 'i j 753
/;' ",.' ~>.'
t' ,¿¿::. . i 7' \,-- /,..,' /' . --
By £1l t j ?' r / tc ?/'
Harry E. e, Trustee
HARRY E. CLINE TRUST UNDER
AGREEMENT DATED DECEMBER 5, 1991
By ~~ A~. Jt- ~, (! ~~
Catherine H. Cline, Trustee
CITY OF SALINA, KANSAS
BY~ A ~'I
Dennis M. Kissingtlr [//' )
City Manager
-3-
~ ,
IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 48
Permanent Easement
Owner:
Harry E. Cline Trust
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 desalbed as follows:
Commencing at the Southeast corner of said SW1A; thence N 89° 52' 288 W along the
South line of said SWY4 a distance of 656.59 feet to the Southeast comer of the West Half of
the Southeast Quarter of said SW1A; thence N ()o 26' 348 W along the East line of said WYz of
said SE1A of said SWA a distance of 110.00 feet to the POINT OF BEGINNING; thence
continuing on the previously desalbed line N 0° 26' 348 W a distance of 30.00 feet; thence N
89° 52' 288 W a distance of 861.21 feet; thence S 7° 47' 128 E a distance of 30.29 feet; thence
S 8go 52' 288 E along a line 110.00 feet North of and parallel to the South line of said SWA
a distance of 857.34 feet to the POINT OF BEGINNING.
The above described tract contains .592 aa-es more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 48
VI
I I
I I
I I I
I ~ I I
I ~ I
I ~ I I
I I I
- ~O' 26' 34" W - - - - - - J I L
30.00'
N 0' 26' ~. Vi
E
ô
----
-----------
'"'
MAGNOUA ROAD
656.59'
N s¡¡-5i'28" W
--------------------------
N
LEGEND
.6
Section Comer
- - - Rood Right-at-Way
~ I Permanent Easement
Scale: 1"=100'
EXHIBIT B
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
CATHERINE H. CLINE and HARRY E. CLINE, as Trustees of the CATIIERINE H.
CLINE TRUST UNDER AGREEMENT DATED DECEMBER 5, 1991, and HARRY E.
CLINE and CATIIERINE H. CLINE, as Trustees of the HARRY E. CLINE TRUST
UNDER AGREEMENT DATED DECEMBER 5, 1991, (the "Grantor"), and the CITY OF
SALINA, KANSAS, a municipal corporation (the "City").
WITNESSE1H: 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.
CATHERINE H. CLINE TRUST UND ER
AGREEMENT DATED DECEMBER 5, 1991
By
Catherine H. Cline, Trustee
By
Harry E. Cline, Trustee
HARRY E. CLINE TRUST UNDER
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.
Oine and Hany E. Oine, as Trustees of the Catherine H. Oine Trust Under Agreement
dated December 5, 1991, AND Hany E. Oine and Catherine H. Oine, as Trustees of the
Hany E. Oine 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-
IIIII1I BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 48
Permanent Easement
Owner:
Harry E. Cline Trust
A tract of land located in the Southwest Quarter (SW~) 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 desaibed as follows:
Commencing at the Southeast comer of said SW~; thence N 890 52' 28" W along the
South line of said SW~ a distance of 656.59 feet to the Southeast comer of the West Half of
the Southeast Quarter of said SW~; thence N 00 26' 34" W along the East line of said W% of
said SEV. of said SW~ a distance of 110,00 feet to the POINT OF BEGINNING; thence
continuing on the previously described line N 00 26' 34" W a distance of 30.00 feet; thence N
890 52' 28" W a distance of 861.21 feet; thence S 70 47' 12" E a distance of 30.29 feet; thence
S 890 52' 28" E along a line 110.00 feet North of and parallel to the South line of said SWA
a distance of 857.34 feet to the POINT OF BEGINNING.
The above described tract contains .592 aaes more or less.
EXHIBIT A
~
~
n: t>
U I ¡:;;
~ ~ ~ ~
~ g, g-. ~.
. ;u ,
~ or b'
~ 7 ~
. !!. ,
. I
. '"
3 .
~ '<
if
if
!
0
q
. eo :z:
10'
E
E
L___-
IotAAKl£Y ROAD- - -
I
-
"U
111
;U
~
-1»-
-, Z
0 111
0 Z
"""-1
~ç;!
. U)
.þ.I11
(X ~
111
Z
-I