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SE4-29-T14S-R2W (Tract 50) -.. " ...,. Mise. Bk ,p Pg t"i3 PERMANENT EASEMENT TIllS INDENTURE, made this 26th day of Auqust , 1992, by and between FRANK. CHARLES NORTON, SR. and JFANNE M. NORTON, husband and wife, (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 ea~ement 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 26th day of August, 1992. STATE OF KANSAS } sol J ì ~- ~ /U ~A COUNTY OF SALINE h ( ~ ~ ~~ FILED FOR RECORD IN MY 0 ICE Frank Charles Norton, Sr. . ON OCI - 8 1992 AT //~ \ / \/-- ~'f.O'CLOC~. ANQAJ~L Y RECORD.D33 -, yç..-. / / / / /. ,;1, // ~ ç Z-/ /> VO~~T PAGEl<.; eanne M. Norto~ 4AL REG. OF DEEDS ¿ / STA OF KANSAS, SALINE COUNTY, ss: " BE IT REMEMBERED, that on this 26tlL day of A ]gJ].~t ,1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came Frank Charles Norton, Sr. and Jeanne M. Norton, 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. .a.. ARLEDA V. McDONALD ..., ........ - II - .., .. ...... ? r ahd1J t/. YnC{)Efnoßd Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A 79- 1437e(a)(13)] / ,.. -.', A...- Misc. Bk u;~ pg.ili TRACT NO. 50 Pennanent Easement Owner: Frank Charles Norton, Sr. A tract of land located In the Southeast Quarter (SEIA) , 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: Commencing at the Southwest comer of said SEIA; thence N 0° 26' 34" W along the West line of said SEIA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 26' 34" W along the West line of said SEIA a distance of 30.00 feet; thence N 89° 29' 16" - E a distance of 50.00 feet to the East Right-Of-Way line of Markley Road; thence N 0° 26' 34" W along the East Right-Of-Way line of Markley Road a distance of 1196.97 feet; thence N 89° 29' 03" E a distance of 1263.96 feet to the East line of the West Half of said SEV.; thence S 0° 25' 59" E along the East line of said West Half of said SEIA a distance of 30.00 feet; thence S 89° 29' 03" W a distance of 1233.95 feet; thence S 0° 26' 34" E a distance of 1196.97 feet; thence S 89° 29' 16" W a distance of 80.00 feet to the POINT OF BEGINNING. The above described tract contains 1.729 acres more or less. EXHIBIT A . . '....-' f- Z w =Eo WlO en L5 <> z !zõ w 0 z .... ~I- ffi a.. - - . :a -- "0' ~\!.L_.. (0 ~ -¡-- , , - - g í Z""'-~ õ ,j¡ 1; ~ ,. E I : ~ 1 ~ ~I ¡ ~ j ~ VI '" . i ~ 3 K .9t 8 M tc .9t .0 avo}! JJD4HVW Mise. Bk l-tr~ ..J Pg 10 35 I .. I ~ I I I I I I I I I I I I I I I I I I I I I : I I I AGREEMENT This Agreement is made this 26th day of Auqust , 1992, by and between FRANK. CHARLES NORTON, SR. and JEANNE M. NORTON, 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 Exhibits A-C, to this Agreement. B. Compensation. The City agrees to pay the Grantor upon closing the total sum of Four Thousand Seven Hundred Eighty-one and 84/100 Dollars ($4,781.84) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1.729 acres at $1,500 per acre) $2,593.50 2. Temporary Easement (2.287 acres at $750 per acre) 1,715.25 3. Damages to remaining property (Reseeding to natural grass) 473.09 Total Compensation $4,781.84 C. Permanent and Temporary Easement Documents. The Grantor agrees that the permanent and temporary easements 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: September 25,1992 1. deliver to the City the fully executed and acknowledged Permanent and Temporary Easement Documents, 2. deliver to the City any necessary consent to easement documenta tion, 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. c&&<-L ~~ Æ~~. Frank Charles Norton, Sr. Social Sec. No.SlID - 5 y- - $' ~ 3 i- CITY OF SALINA, KANSAS BY/~~.~ Dennis M. Kissinger: ' . . City Manager -3- . , . TRACT NO. 50 Pennanent Easement Owner: Frank Charles Norton, Sr. A tract of land located In the Southeast Quarter (SEIA), 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: Commencing at the Southwest comer of said SEIA; thence N 0° 26' 34" W along the West line of said SEIA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 26' 34" W along the West line of said SEV. a distance of 30.00 feet; thence N 89° 29' 16" - E a distance of 50.00 feet to the East Right-Of-Way line of Markley Road; thence N 0° 26' 34" W along the East Right-Of-Way line of Markley Road a distance of 1196.97 feet; thence N 89° 29' 03" E a distance of 1263.96 feet to the East line of the West Half of said SEIA; thence S 0° 25' 59" E along the East line of said West Half of said SEIA a distance of 30.00 feet; thence S 89° 29' 03" W a distance of 1233.95 feet; thence S 0° 26' 34" E a distance of 1196.97 feet; thence S 89° 29' 16" W a distance of 80.00 feet to the POINT OF BEGINNING. The above described tract contains 1.729 acres more or less. TRACT NO. 50A Temporary Construction Easement Owner: Frank Charles Norton, Sr. A tract of land located in the Southeast Quarter (SEIA), 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: Commencing at the Southwest comer of said SEIA; thence N 0° 26' 34" W along the West line of said SEY. a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 26' 34" W along the West line of said SEIA a distance of 30.00 feet; thence N 89° 29' 16ft E a distance of 50.00 feet to the East Right-Of-Way line of Markley Road; thence N 0° 26' 34" W along the East Right-Of-Way line of Markley Road a distance of 1226.97 feet; thence N 89° 29' 03" E a distance of 1263.96 feet to the East line of the West Half of said SE%; thence S 0° 25' 59" E along the East line of said West Half of said SEIA a distance of 110.00 feet; thence S 890 29' 03ft W a distance of 1233.95 feet; thence S 00 26' 34" E a distance of 1146.97 feet; thence S 890 29' 16" W a distance of 80.00 feet to the POINT OF BEG INN lNG, less Tract No. 50. The above described tract contains 2.287 acres more or less. EXHIBIT A I I I I I I ~ I 0 I ~ I -' "" I ~ I I I OF BEGINNING 110.0' N 0' %5' 3~ W SW Cor. of SE1/. See- 29 T14S R2W - - PERMANENT EASEMENT Tract No. 50 w ~ N LEGEND L::::. Section Comer - - - Road Right-at-Way ~- J Permanent Easement Scale: 1.=100' " BO.OO' - - - - - L S 89" 29' 10 ~ - - - - MAGNOUA ROAD ----------------------- EXHIBIT B SO.OO' N 89" 29' 16" E 3000' Na~W 110.00' N (j 26' 34" W SW Cor. of SE1/4 Sec. 29 T14S R2W - - I I I I I I 0 I « I ~ I -' I ~ I I I !III TEMPORARY CONSTRUCTION EASEMENT Tract No. 50A N LEGEND ,6 Section Comer - - - Road Right-of-Way V / / / ~ ~~~:'::~7 Construction Scale: 1"=100' I 80.00' - - - - - - - - - - - - -Lt= I 5.. ". ,~ W - - - - - - - - - - L-: - - - MAGNOUA ROAD - - - - - - - - - -- -- - - - - EXHIBIT C PERMANENT EASEMENT TIllS INDENTURE, made this 26th day of Auqust , 1992, by and between FRANK. CHARLES NORTON, SR. and JEANNE M. NORTON, husband and wife, (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 WffNESS WHEREOF, the Grantor has signed this Permanent Easement this 26tWay of August, 1992. ~~!th~~ /V~o6Ít, Frank Charles Norton, Sr. '/ STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 26th day of Auqust , 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came Frank Charles Norton, Sr. and Jeanne M. Norton, 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. .a.. ARLEDA V. McDONALD ....., NIle- - II ec- ..,...... .$-1i--tj¿- tÞ.b~, L! 1YlCI.Orrp/Ifcl~ Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] EXHIBIT D TRACT NO. 50 Pennanent Easement Owner: Frank Charles Norton, Sr. A tract of land located In the Southeast Quarter (SEIA), 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: Commencing at the Southwest comer of said SEIA; thence N 00 26' 34" W along the West line of said SEIA a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 0° 26' 34" W along the West line of said SEIA a distance of 30.00 feet; thence N 89029' 16" . E a distance of 50.00 feet to the East Right-Of-Way line of Markley Road; thence N 00 26' 34" W along the East Right-Of-Way line of Markley Road a distance of 1196.97 feet; thence N 890 29' 038 E a distance of 1263.96 feet to the East line of the West Half of said SEIA; thence S 00 25' 59" E along the East line of said West Half of said SE1A a distance of 30.00 feet; thence S 890 29' 03" W a distance of 1233.95 feet; thence S 00 26' 34" E a distance of 1196.97 feet; thence S 890 29' 16" W a distance of 80.00 feet to the POINT OF BEGINNING. The above described tract contains 1.729 acres more or less. EXHIBIT A z z MARKlEY ROAD ----------- --- 0 ¡ . I [ ~ I~ , "', <) ? % b' S' J ~ = ì ' ~ 1 VI g ~ i 0 q , ~ :z: --- --- "tJ fTl ;:c ~~ a fTl 0 Z "'-i ~~ (/) (JIfTl os:: fTl Z -i '" VI q ~ '" . "\ '" - . .' . TEMPORARY EASEMENT TIllS INDENTURE, made this 22th day of A~ust , 1992 by and between FRANK. CHARLES NORTON, SR. and JEANNE M. NORTON, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSE1H: 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 WITNESS WHEREOF, the Grantor have signed this Temporary Easement this 26th day of August, 1992. ~~- ~.;h, rank Charles Norton, Sr. /-,. \ \ /1 )<11 f/~' .. ,--,é?/";//¿;/" /. ~/f /~:?- Jeanne M. Nórton STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 26th day of August, 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came Frank Charles Norton, Sr. and Jeanne M. Norton, 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. ARLEDA V. McDONALD ..., ....... - .. II -- ........ !;'- 8 ' ÚlrJ ß d /L!J VJ{CiO bJ1lltd Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A 79- 1437e(a)(13)] EXHIBIT E , " -.- TRACT NO. 50A Temporary Construction Easement Owner. Frank Charles Norton, Sr. A tract of land located in the Southeast Quarter (SEIA), 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: Commencing at the Southwest comer of said SEIA; thence N 0026' 34" W along the West line of said SEY. a distance of 110.00 feet to the POINT OF BEGINNING; thence continuing N 00 26' 34" W along the West line of said SEIA a distance of 30.00 feet; thence N 890 29' 16" E a distance of 50.00 feet to the East Right-Of-Way line of Markley Road; thence N 00 26' 34" W along the East Right-Of-Way line of Markley Road a distance of 1226.97 feet; thence N 89° 29' 03" E a distance of 1263.96 feet to the East line of the West Half of said SEIA; thence S 00 25' 59" E along the East line of said West Half of said SEIA a distance of 110.00 feet; thence S 89° 29' 03" W a distance of 1233.95 feet; thence S 00 26' 34ft E a distance of 1146.97 feet; thence S 89029' 16" W a distance of 80.00 feet to the POINT OF BEGINNING, less Tract No. 50. The above described tract contains 2.287 acres more or less. EXHIBIT A .. ~ . UARKlEY ROAD ----------- 122G,IT I r:: I I I: I W¡' I 1- . '" I I I I I I I I I I ~ I I I ~ I I I ~ I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I il- ¡ - ~ i Þ rf [ ~ I~ !~ ! ~ c ;!: 0 ¡;> I 3 ¡: T ~ 2' ti ~ '< ¡¡' ~ -, ~ , ""- Z . 0 '< ./' --- EXHIBIT B --i (T s:: -u 0 ~ ;;u -< --i() .., 0 g Z rt-(/) - z;;u 0 C . () (J1:::! 00 »z ç; (/) (T s:: (T z - III q- ' N- ",0 '0 ",q '"