SW4-29-T14S-R2W (Tract 49)
,
Misc Bk ..lJQ
Pg~
PERMANENT EASEMENT
TIllS INDENTURE, made this :f'~ day of ~-;'I992, by and between
HERBERT E. MONROE and IMA JEAN MONROE, ~d 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
Ptt.. day of ~--~' 1992. ¡
Sï,;ri: OF KANSAS } ... , ¡1/ \ '.h
COUNTY OF SALINE 55. 'V / V---'. //
filED FOR R[CORD IN MY Off E U,-"L..,~ ¿ 1..J--n,...1.J--"--("
ON AT Herbert E. Monroe
SEP 2 4. 1992
g: 2Qo'CLOC~M. ANq1)~LY RECORDED 9 J.J¡J( ¿¿ ,,\.) ù' / Cì;¿?ð-?-Z,' Î - ,/-
\..A. VOl ':!:!)l;l/~AT PAGu/J '111 . . -=--'-V / 'þ,/, -£61---,<__--
fJ)Qi~'~~ ~REG. OF DEEDS Ima Jean M roe
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ day of ~LL1r,-1992, before me, the
undersigned, a notary public in and for the county and s~~id, came Herbert E.
Monroe and Ima Jean Monroe, 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.
~ ]JiJg~ -
~ ~tU~Q--
/ Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
j
,If '
. ,
" "".
.,,'~.~- ['c, _af¿..
IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 49
Permanent Easement
Owner:
Herbert E. Monroe and Ima Jean Monroe
A tract of land located In the Southwest Quarter (SWA) of Section Twenty-Nine (29),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particular1y described as follows:
Commencing at the Southeast comer of said SWA; thence N 0° 26' 34- W along the East
line of said SW/4 a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing
N 00 26' 34w W along the East line of said SWA a distance of 30.00 feet; thence N 89° 52' 28-
W a distance of 656.59 feet to the West line of the East Half of the Southeast Quarter of said
SWA; thence S 00 26' 34- E along said West line of the EYz of the SE'A of the SWA a
distance of 30.00 feet; thence S 89° 52' 28- E along a line 110.00 feet North of and parallel
to the South line of said SWA a distance of 656.59 feet to the POINT OF BEGINNING.
The above described tract contains .452 aaes more or less.
EXHIBIT A
. '. . c....
. ..
PERMANENT EASEMENT
Tract No. 49
656.59'
S age 52' 2
E
a
-------
.-
.-
- -
- -
----------
MAGNOUA ROAD
6
LEGEND
Section Corner
- - - Road Right-ot-Way
., 0 ,()~
IO~
I Permanent Easement
\¡"c: :ih,...w..... ~'i' _-!if//..
\
I
I
I
30.00'
N (j 26' 34'" W
- -
110.00'
N O' 26' 34" W
N
Scale: 1"=100'
EXHIBIT B
\
I Q I
I ~ \
~
~ I
¿
I
I
L
-
, .
¡¡ilK p~ " l!i.!J
Pr.-#/¡';;'
CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of easement by the Mortgagors
to the City of Salina, Kan~ (the "City"), as follows:
1. The name of the Mortgagors are Herbert E. Monroe and Ima Jean Monroe,
husband and wife.
2.
The name of the Mortgagee is National Bank of America at Salina.
3. A Mortgage dated September 30, 1983 was recorded at Book 358 of
Mortgages, pages 992-993 in the records of the Register of Deeds of Saline County, Kansas.
4. Mortgagors intend to convey to the City a permanent easement (the
"Easement") for the purposes of installing, repairing, replacing and maintaining public
utilities in perpetuity. Said permanent easement is more particularly described on the
Engineering Drawings attached as Exhibits A-B to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to
the property described in the Mortgage.
-tI
-- - D~~~sthis L tt?~"', , 1992.
~~~~~~ ~FSALINE ~ 55. \..--l't ~\ NATIONAL BANK OF AMERICA AT SALINA
FILED FOR RECORD IN MY OFFICE
ON SEP 2 4. 1992 AT
8'.'Q.Q..o'cLOc4~l A I .ULY RECORDE~lløl- '/'f by
J VO~. 0 AT PAGE- 7'
- fl)' REG. OF DEEDS
STATE OF KANSAS, COUNTY OF SALINE, ss:
?t/~
Vice President
BE IT REMEMBERED, that on this LL day of ÂfA.~ IA<::-r , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaId, came
r:. J..t,'r H o-p..ç~a,J ,Exec. Vice President of National
Bank of America at Salina, who is personally known to me to be the same person who
executed the foregoing Consent to Easement on behalf of said mortgagee and said person
duly acknowledged the execution of the same as the act of said mortgagee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
C? ~ S~
Notary Public
.". PAM SMITH
NaI8I'Y fIIØIo - 8taW 01 Kansas,
My A Ipt. ~ ..s- ..;ù# ~ Y
J
"I
, '...
\Ii", '<k .1/1.2.-. t'g ~i<!3
III1III BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 49
Permanent Easement
Owner:
Herbert E. Monroe and Ima Jean Monroe
A tract of land located In the Southwest Quarter (SWA) of Section Twenty-Nine (29),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particular1y described as follows:
Commencing at the Southeast comer of said SW/4; thence N 0° 26'34- W along the East
line of said SWA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing
N 00 26' 34- W along the East line of said SWA a distance of 30.00 feet; thence N 89° 52' 28-
W a distance of 656.59 feet to the West line of the East Half of the Southeast Quarter of saId
SWA; thence S 0° 26' 34- E along said West line of the EYz of the SE1,4 of the SWA a
distance of 30.00 feet; thence S 89° 52' 28- E along a line 110.00 feet North of and parallel
to the South line of said SWA a distance of 656.59 feet to the POINT OF BEGINNING.
The above described tract contains .452 acres more or less.
EXHIBIT A
. . - ~
.
.,
.
"'" ,Of' .b$$- ,':; _:J.!i.!j..
PERMANENT EASEMENT
Tract No. 49
30.00'
N 0" 26' 348 W
656.59'
S 89" 52' 2
E
a
....
....
-------
POINT OF
BEGINNING
- -
- -
- -
MAGNOUA ROAD
110.00'
N O' 26' 34" W
----------
N
LEGEND
D.
Section Corner
- - - Road Right-ot-Way
I Permanent Easement
Scale: 1"=100'
/P .J
(0
EXHIBIT B
\
\
\
\
\
I (0 I
I ~ \
GJ
~ I
¿
\
I
L
..
. '. .
..J
"JS!¿-~., I', ./;j_tf~""
CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of easement by the Mortgagors
to the City of Salina, Kan!UiS (the "City"), as follows:
1. The name of the Mortgagors are Herbert E. Monroe and Ima Jean Monroe,
husband and wife.
2.
The name of the Mortgagee is Security Savings and Loan Association.
3. A Mortgage dated January 29, 1976 was recorded at Book 305 of Mortgages,
page 141 in the records of the Register of Deeds of Saline County, Kansas.
4. fvlortgagors intend to convey to the City a permanent easement (the
"Easement") for the purposes of installing, repairing, replacing and maintaining public
utilities in perpetuity. Said permanent easement is more particularly described on the
Engineering Drawings attached as Exhibits A-B to this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to
the property described in the M {tgage.
Dated this f"Uk day of ~, 1992.
- ,
STATE OF KANSAS ~ ss.l N tJ
COUNTY OF SALINE 5
fiLED FOr< RECORD IN MY OF
ON SEP 2 4. 1992 AT b
Ø:a.a.O'CLOC&'M.A 4LYRECORDE~d(-....tl'¡1 Y Randal J.
\ Á VOL. T PAGE-37"¡> 71
'-"/:' REG. OF DEEDS
STATE F KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this /14f day of C2u~ , 1992, before me, the
undersi~ed, a ~~tary Ii pub~ic in and for }he. cou~ty, (/a~~") state aforesaid, came
~~dtfmf_. ~~ ,~ ~.v ~M_'~~ of Security
Savings and Association, who is personally known to me to be the same person who
executed the foregoing Consent to Easement on behalf of said mortgagee and said person
duly acknowledged the execution of the same as the act of said mortgagee.
SECURITY SAVINGS
ASSOCIATION
~
AND
LOAN
IN wrrNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
. WANDA R. MARKLEY
Not8ry NIIII. .... II -
_AIIPIo"-.3-/1-9c,
(/~ /~ ) ¿;"?; ~ A'
¡ / d--;r;4-)~. ;// ~. . /
(Notary 'blic
/
,I ,
-, .. \.
Mi"~. q~ .1 C ~ - ;:',; / / t.//-
,~~~ ,,~::r,342-
IIII1II BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 49
Permanent Easement
Owner:
Herbert E. Monroe and Ima Jean Monroe
A tract of land located In the Southwest Quarter (SWA) of Section Twenty-Nine (29),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more particular1y described as follows:
Commencing at the Southeast comer of said SW,4; thence N 0026' 34- W along the East
line of said SWA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing
N 00 26' 34- W along the East line of said SW/4 a distance of 30.00 feet; thence N 890 52' 28"
W a distance of 656.59 feet to the West line of the East Half of the Southeast Quarter of said
SWA; thence S 00 26' 34- E along said West line of the EY2 of the SE1,4 of the SW,4 a
distance of 30.00 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 656.59 feet to the POINT OF BEGINNING.
The above described tract contains .452 aaes more or less.
EXHIB IT A
,.' .'.... .,.
30.00'
26' 3~ E
PERMANENT EASEMENT
Tract No. 49
656.59'
S Sg- 52' 2
E
a
-------
.--
.--
- -
- -
----------
D
MAGNOUA ROAD
LEGEND
Section Corner
- - - Road Right-of-Way
J. II' ~¡ V.
10 ~
I Permanent Easement
\:", 34 ,L5.2._, ~'r .!f.tJ7
\
\
\
\
30.00'
N (j 26' 34. W
- -
POINT OF
BEGINNING
110.00'
N O' 26' 34" W
N
Scale: 1" = 100'
EXHIBIT B
\
I Q I
I ~ \
~
~ \
¿
\
\
L
AGREEMENT
This Agreement is made this f-ffJo- day of ~- , 1992, by and between
HERBERT E. MONROE and IMA JEAN MONR~ 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 Five Hundred Fifteen and 28/100 Dollars ($515.28) for the permanent easement,
consisting of the following:
1.
Permanent Easement
(.452 acres at $1,000 per acre)
$452.00
2.
Damages to remaining property
(Loss of crops)
63.28
Total Compensation
$515.28
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 a Mortgage in favor of
Security Savings and Loan Association dated January 29, 1976 and recorded in Mortgage
Book 305, at page 141; and a Mortgage in favor of National Bank of America at Salina
dated September 30, 1983 and recorded in Mortgage Book 358, at pages 992-993, all in
the records of the Register of Deeds of Saline County, Kansas.
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 ~.JI (9'12-- .
At closing the Grantor shall:
1. deliver to the City the fully executed and acknowledged Permanent
Easement 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.
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 WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
~;¿ w>.' ¿: l'7Ã-n-c ~ p
Herbert E. Monroe
Social Sec. No.,5/".5'- JÆ-6 d"7 /
~éL' ~ ?2J!Þ-rv -u-k.
Ima Jean MOnroe L c
Social Sec. No. 'II / -<)~ -05~?
CITY OF SALINA, KANSAS
-3-
./ ,
. ,
1111111 BUCHER, WILLIS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 49
Permanent Easement
Owner:
Herbert E. Monroe and Ima Jean Monroe
A tract of land located in the Southwest Quarter (SWA) of Section Twenty-Nine (29),
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 Southeast comer of said SWA; thence N 00 26' 34- W along the East
line of said SWA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing
N 00 26' 34- W along the East line of said SWA a distance of 30.00 feet; thence N 89° 52' 28-
W a distance of 656.59 feet to the West line of the East Half of the Southeast Quarter of said
SWA; thence S 00 26' 34- E along said West line of the E¥2 of the SE1A of the SWA a
distance of 30.00 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 656.59 feet to the POINT OF BEGINNING.
The above described tract contains .452 aaes more or less.
EXHIBIT A
. .
30.00'
2 ' 34 E
PERMANENT EASEMENT
Tract No. 49
656.59'
S 89" 52' 2
E
-------
0
.....
- -
- -
----------
MAGNOUA ROAD
LEGEND
L:::.
Section Corner
- - - Road Right-of-Way
I Permanent Easement
\
I
I
I
\
I a I
I ~ I
~
~ I
¿
I
I
L
30.00'
N CJ' 26' 348 W
- -
110.00'
N O' 26' 34" W
N
Scale: 1"=100'
EXHIBIT B
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
HERBERT E. MONROE and IMA JEAN MONROE, husband and wife, (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.
Herbert E. Monroe
Ima Jean Monroe
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 Herbert E.
Monroe and Ima Jean Monroe, 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)]
EXHIBIT C
,I ,
1111111 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 49
Permanent Easement
Owner:
Herbert E. Monroe and Ima Jean Monroe
A tract of land located In the Southwest Quarter (SWA) of Section Twenty-Nine (29),
Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline
County, Kansas, being more partlcular1y described as follows:
Commencing at the Southeast comer of said SWA; thence N 00 26'34- W along the East
line of said SWA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing
N 00 26' 34- W along the East line of said SWA a distance of 30.00 feet; thence N 8go 52' 28-
W a distance of 656.59 feet to the West line of the East Half of the Southeast Quarter of said
SWA; thence S 00 26' 34- E along said West line of the EYz of the SEtA of the SWA a
distance of 30.00 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 656.59 feet to the POINT OF BEGINNING.
The above described tract contains .452 aaes more or less.
EXHIBIT A
"
30.00'
26' 34 E
PERMANENT EASEMENT
Tract No. 49
656.59'
S 89" 52' 2
E
a
-------
~
~
- -
- -
----------
MAGNOUA ROAD
LEGEND
6
Section Corner
- - - Road Right-ot-Way
I Permanent Easement
I
l
I
I
30.00'
N fJ' 26' 348 W
- -
110.00'
N O' 26' 34" W
N
Scale: ,.' = 100'
EXHIBIT B
I
I (0 1
I ~ I
è:i
~ I
~
\
\
L