SE4-29-T14-R2W (Tract 51)
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PERMANENT EASEMENT
TIllS INDENTURE, made this 25th day of Auaust , 1992, by and between
HEI .EN M. NORTON, a widow, (the "Grantor"), and the CITY OF SAUNA, KANSAS,
a municipal corporation (the "City").
WffNESSE1H: 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
2.5t.h... day of AI1'Jm:d- , 1992.
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Helen M. Norton
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 2.5t.h... day of Al1gl1¡:;f- , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Helen M.
Norton, a widow, who is personally known to me to be the same person who executed the
above and foregoing instrument of writing and duly acknowledged the execution of the same.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
-" ARLEDA V. McDONALD
NaI8Iy NIle . tile-.
Mv Appt. ExpIN8 - -
~ d d - U Yrl c. ¡{) lJnaJd -
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
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Iltllill BUCHER, WilliS & RATLIFF
118'1'1..... ENGINEERS I PLANNERS I ARCHITECTS
TRACT NO. 51
Permanent Easement
Owner:
Helen M. Norton
A tract of land located in the Southeast Quarter (SE'/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 follows:
Commencing at the Southeast comer of said SEV4, thence N 0° 25' 59" W along the East
line of said SE'/4 a distance of 1307.12 feet to the POINT OF BEGINNING; thence continuing
N 0° 25' 59" W along the East line of said SEV4 a distance of 30.00 feet; thence S 89° 29' 03"
W a distance of 1313.73 feet to the West line of the East Half of said SEV4; thence S 0° 25'
59" E along the West line of said East Half of said SEV4 a distance of 30.00 feet; thence N 89°
29' 03" E a distance of 1313.73 feet to the POINT OF BEGINNING.
The above described tract contains .905 acres more or less.
EXHIBIT A
AGREEMENT
This Agreement is made this 25th day of . Al1gJ)Rt__, 1992, by and between
HELEN M. NORTON, a widow, 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 Three Thousand Five Hundred Forty-seven and 90/100 Dollars ($3,547.90) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.905 acres at $1,500 per acre)
$1,357.50
2.
Temporary Easement
(2.358 acres at $750 per acre)
1,768.50
3.
Damages to remaining property
(Reseeding to natural grass)
421.90
Total Compensation
$3,547.90
C. Permanent and Temporal)' 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 S~ternber 25, 1992
At closing the Grantor shall:
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
documentation,
3. provide the City with any other necessary information such as
Grantor's current mailing address and social security number,
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.
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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.
.~ ~ ' ).~,,-,-,
Helen M. Norton
Social Sec. No. 512-36-4435
CITY OF SALINA, KANSAS
By :ß.
Dennis M. Kissinge ,
City Manager
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IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 51
Permanent Easement
Owner:
Helen M. Norton
A tract of land located in the Southeast Quarter (SEV4) 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 follows:
Commencing at the Southeast comer of said SEV4, thence N 0° 25' 59" W along the East
line of said SE'/4 a distance of 1307.12 feet to the POINT OF BEGINNING; thence continuing
N 0° 25' 59" W along the East line of said SE'/4 a distance of 30.00 feet; thence S 89° 29' 03"
W a distance of 1313.73 feet to the West line of the East Half of said SEV4; thence S 0° 25'
59" E along the West line of said East Half of said SEY4 a distance of 30.00 feet; thence N 89°
29' 038 E a distance of 1313.73 feet to the POINT OF BEGINNING.
The above described tract contains .905 acres more or less.
TRACT NO. 51A
Temporary Construction Easement
Owner:
Helen M. Norton
A tract of land located in the Southeast Quarter (SEV4) 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 follows:
Commencing at the Southeast comer of said SE'/4, thence N 0° 25' 59" W along the East
line of said SE'/4 a distance of 1257.12 feet to the POINT OF BEGINNING; thence continuing
N 0° 25' 59" W along the East line of said SE'/4 a distance of 110.00 feet; thence S 89° 29'
03" W a distance of 1313.73 feet to the West line of the East Half of said SE'/4; thence S 0°
25' 59" E along the West line of said East Half of said SE'/4 a distance of 110.00 feet; thence
N 89° 29' 03" E a distance of 1313.73 feet to the POINT OF BEGINNING, less Tract No. 51
and less Road Right-Of-Way.
The above described tract contains 2.358 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 51
LEGEND
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Section Corner
- - - Rood Right-ot-Way
I J Permanent Easement
Scale: 1"=100'
1313.73'
N 89' 29' 0
w
w
30.00'
S CT 25' 59" E
Of'
BEGINNING
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or. at
SE1/4 Sec. 29
T14S R2W
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EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 51 A
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LEGEND
.6.
Section Corner
- - - Road Right-ot-Way
Temporary Construction
Easement
Scole: 1-=100'
5E Cor ot
5E1/4 Sec. 29
T14S R2W
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MAGNOUA ROAD
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EXHIBIT C I
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PERMANENT EASEMENT
TIllS INDENTURE, made this .25th. day of August, 1992, by and between
HEI .EN M. NORTON, a widow, (the "Grantor"), and the CITY OF SAUNA, KANSAS,
a municipal corporation (the "City").
WffNESSE1H: 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
...251:.b. day of AnQn¡:;t , 1992.
~ n'L..., ~~\..._c.c-4<--...
Helen M. Norton
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this .25th. day of Angm:¡t' , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Helen M.
Norton, a widow, who is personally known to me to be the same person who executed the
above and foregoing instrument of writing and duly acknowledged the execution of the same.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
ARLEDA V. IIeDONALD
...,.........-
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OJthd/l_IJ Yf1LJf)ðfI()ld~
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
EXHIBIT D
1811118 BUCHER, WILLIS & RATLIFF
1111'1'1..... ENGINEERS I PLANNERS I ARCHITECTS
TRACT NO. 51
Permanent Easement
Owner:
Helen M. Norton
A tract of land located in the Southeast Quarter (SEV4) 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 follows:
Commencing at the Southeast comer of said SE'!4, thence N 00 25' 59" W along the East
line of said SEV4 a distance of 1307.12 feet to the POINT OF BEGINNING; thence continuing
N 00 25' 59" W along the East line of said SE:4 a distance of 30.00 feet; thence S 890 29' 03"
W a distance of 1313.73 feet to the West line of the East Half of said SEV4; thence S 00 25'
59" E along the West line of said East Half of said SEV4 a distance of 30.00 feet; thence N 890
29' 03- E a distance of 1313.73 feet to the POINT OF BEGINNING.
The above described tract contains. 905 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No. 51
LEGEND'
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Section Corner
- - - Rood Right-at-Way
I I Permanent Easement
Scale: 1';100'
1313.73'
N 89' 29' 0
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30.00'
S 0' 25' 59" E
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TEMPORARY EASEMENT
TIllS INDENTURE, made this ..25tJ1day of Au~ust , 1992 by and between
HEI .EN M. NORTON, a widow, (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
..2Sth.. day of August, 1992.
'k~~ )VLo Ì"Lt!'t Cp. ( L..-
Helen M. Norton
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this -2.5.tb day of Al1gl1¡:;f- , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Helen M.
Norton, a widow, who is personally known to me to be the same person 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.
.it AALEDA V.1IcDOHALO
.... NIII. .... II -
My AppI. -- S' - ¡. - e¡ '"
OAhcLL, LJ. Y/l'-j()Mltll cl
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
EXHIBIT E
1811111 BUCHER, WILLIS & RATLIFF
118'1I'1~ ENGINEERS I PLANNERS I ARCHITECTS
TRACT NO. 51A
Temporary Construction Easement
Owner:
Helen M. Norton
A tract of land located in the Southeast Quarter (SEV4) 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 follows:
Commencing at the Southeast comer of said SE1f4, thence N 0° 25' 59" W along the East
line of said SE'/4 a distance of 1257.12 feet to the POINT OF BEGINNING; thence continuing
N 00 25' 59" W along the East line of said SE'/4 a distance of 110.00 feet; thence S 890 29'
03" W a distance of 1313.73 feet to the West line of the East Half of said SEV4; thence S 0°
25' 59" E along the West line of said East Half of said SE1f4 a distance of 110.00 feet; thence
N 89° 29' 03" E a distance of 1313.73 feet to the POINT OF BEGINNING, less Tract No. 51
and less Road Right-Of-Way.
The above described tract contains 2.358 acres more or less.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 51 A
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LEGEND
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Section Corner
- - - Rood Right-at-Way
V / / / J f~~l~~~7 Construction
Scale: 1"=100'
SE Cor. ot
SE1/4 Sec. 29
T14S R2W
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MAGNOUA ROAD
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