SW4-30-T14S-R2W (Tract 41)
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PERMANENT EASEMENf
THIS INDENTURE, made this ?~ day of~' , 1992, by and between
DONAID E. BALAUN and NORMA L. BALAUN, husbaDd and wife; JAMPS ARTIIUR
BALAUN and PHYUJS E. BALAUN, husband and wife; and ßFJ RN MARJORIE
GOODWIN and CAROL G. GOODWIN, wife and husband, (the "Grantor"), and the CITY
OF SALINA, KANSAS, a municipal corporation (the "City").
WfI'NESSE1H: 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.
COVENANf: 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 WfI'NESS WHEREOF, the Grantor has signed this Permanent Easement this
~ day of ~?Æ;t, 1992.
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Donald E. Balaun
srATE OF KANSAS l ~(/~l\
COUNTY OF SALINE 5 ,"
FILED FOR RECORD IN MY OfFtGE
ON SEP 3 0 1992 AT
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Norma L Balaun
.ULYRECORDED !i,J
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Phylh E. Balaun
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Carol G. Goodwin
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AGREEMENT
This Agreement is made this ~ day of GJ.U,¡~--. 1992, by and between
DONAID E. BALAUN and NORMA L. BALAUN~ wife; JAMES
ARTIIUR BALAUN and PHYlLIS E. BALAUN, husband and wife; and HElEN
MARJORIE GOODWIN and CAROL G. GOODWIN, wife and husband, 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 Nine Hundred Fifty-eight and 92/100 Dollars ($958.92) for the permanent
easement, consisting of the following:
1.
Permanent Easement
(.197 acres at $4,200 per acre)
$827.40
2.
Damages to remaining property 131.52
(Loss of crops $31.52; $100 attorney fee)
Total Compensation
$958.92
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
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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 ~ ,fl.¡ I f f,~ .
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.
IN WfI'NESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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Donald E. Balaun
Social Sec. No. 5/3 -I ¥- !>-:s~O
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Norma L Bala n
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Carol G. Goodwin
Social Sec. No. !:II 1-/~- fOo/"/'
CITY OF SALINA, KANSAS
By
Dennis M. Kissinge ,
City Manager
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IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 41
Permanent Easement
Owner.
Donald E. Balaun, James Arthur Balaun
and Helen Ma~orie Goodwin
A tract of land located in the Southwest Quarter (SWIA), of Section Thirty (30), 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 (SWV.). thence N 0° 29' 47" W along the East
line of said SWA a distance of 60.00 feet to the North line of an Existing Highway Construction
Easement held by Saline County, said point also being the POINT OF BEGINNING; thence S
88° 55' 35" W along the North line of said Easement a distance of 132.34 feet; thence S 1 °
04' 04" E a distance of 10.00 feet to the North Right-Of-Way line of Magnolia Road; thence S
88° 55' 35" W along the North line of said Magnolia Road Right-Of-Way a distance of 115.00
feet; thence N 1 ° 04' 25" W a distance of 40.00 feet; thence N 88° 55' 35" E a distance of
247.64 feet to the East line of said SWA; thence S 0° 29' 47" E along said East line of said
SWA a distance of 30.00 feet to the POINT OF BEGINNING.
The abo'Ye described tract contains. 197 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No. 41
- -
30.00'
S 0" 29' 4í E
POINT OF
BEGINNING
10.00'
S 18 04' O~ E
00'
N 18 04' 25' W
---
--
115.00'
S 88" 55'3
W
132.34'
S 88" 55' 35' W
Easement
- -
MAGNOLIA ROAD
60.00'
N cr 29' 47' W
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SE Cor. of
SW1/4 Sec. 30
T14S R2W
N
LEGEND
D
Section Corner
- - - Road Right-ot-Way
I Permanent Easement
Scale: 1"=100'
EXHIBIT B
, . .
PERMANENf EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
DONAID E. BALAUN and NORMA L. BALAUN, husband and wife; JAMES ARTIIUR
BALAUN and PHYlLIS E. BALAUN, husband and wife; and lffiT RN MARJORIE
GOODWIN and CAROL G. GOODWIN, wife and husband, (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.
COVENANf: 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.
Donald E. Balaun
Norma L. Balaun
4~~~
¡t'mes Arthur Balaun
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Phylli E. Balaun
Helen Marjorie Goodwin
Carol G. Goodwin
EXHIBIT C
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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 Donald E.
Balaun and Norma L. Balaun, 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 wrrNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
STATE OF GEORGIA, l<rA¡J/u COUNTY, ss:
BE IT REMEMBERED, that on this ~ day ot '< (.lQ f-, 1992, before me, the
undersigned, a notary public in and for the county and state a oresaid, came James Arthur
Balaun and Phyllis E. Balaun, 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.
Notary Public
IN wrrNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
,
PuIIHe. ~- ~.
My CofMIIt81On bpi... Jufiè e. .-
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 Helen Marjorie
Goodwin and Carol G. Goodwin, wife and husband, 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 wrrNESS 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)]
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IIIIIII BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCH'ITECTS
TRACT NO. 41
Permanent Easement
Owner:
Donald E. Balaun, James Arthur Balaun
and Helen Marjorie Goodwin
A tract of land located in the Southwest Quarter (SW1A) , of Section Thirty (30), 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 (SW1A), thence N 0° 29' 47" W along the East
line of said SW'A a distance of 60.00 feet to the North line of an existing Highway Construction
Easement held by Saline County, said point also being the POINT OF BEGINNING; thence S
88° 55' 35- W along the North line of said Easement a distance of 132.34 feet; thence S 1 °
04' 04- E a distance of 10.00 feet to the North Right-Of-Way line of Magnolia Road; thence S
88° 55' 35- W along the North line of said Magnolia Road Right-Of-Way a distance of 115.00
feet; thence N 1 ° 04' 25- W a distance of 40.00 feet; thence N 88° 55' 35- E a distance of
247.64 feet to the East line of said SW'A; thence S 0° 29' 47" E along said East line of said
SW'A a distance of 30.00 feet to the POINT OF BEGINNING.
The abOve described tract contains. 197 aaes more or less.
EXHIBIT A
-or
PERMANENT EASEMENT
Tract No. 41
- -
30.00'
S (j 29' 4; E
10.00'
S 18 04' O~ E
00'
N 18 04' 25' W
--
115.00'
S 8a- 55' 3
w
132.34'
S 8a- 55' 35' W
Easement
- -
MAGNOLIA ROAD
60.00'
N cr 29' 4/ W
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------
SE Cor. of
SW1/4 Sec. 30
T14S R2W
N
LEGEND
L:.
Section Corner
- - - Road Right-ot-Way
I Permanent Easement
Scale: 1"=100'
EXHIBIT B