SE4-30-T14S-R2W (Tract 42)
Misc, (jk"~
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PERMANENT EASEMENT
THIS INDENTURE, made this ~ day of ~. , 1992, by and between
GARY 1. HARBIN and ET JZABEfH A HARBIN, h~ wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSEIH: 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
1L day of -~ 1992.
Sï,1.Tí:: OF KANSAS } ( N)
COUNTY OF SALINE 55.' -
FILED FOR R:-CORD IN MY OFFICE Gary L. Harbin
ON SEP 2 4. 1992 AT
g:OJ1..O'ClOC~,q. A~~LY RECORD~~ -If3,2, ~ ~
'-J..;°~' ~T PAGE..r-- Eliza et A. Harbin
""";_REG. OF DEEDS -
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this /<r-tv.-day of(~~, 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Gmy 1. Harbin
and Elizabeth A Harbin, husband and wife, who are 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.
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,~í Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
AGREEMENT
This Agreement is made this I if day of ~, 1992, by and between
GARY 1. HARBIN and HI JZABEfH A HARBIN, husband and wife, hereinafter
referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter referred to as the "City."
RECIT ALS
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. Sewer Connection. The City agrees that upon annexation of the property
to be served and upon the request of the Grantee, the City shall install at City expense
the Grantee's choice of a connection with either the force main to be installed in the
permanent easement or the nearest appropriate gravity sanitary sewer line. In the case
of a connection with the force main, the installation will include a cast iron fitting and
valve. In the case of a connection with a gravity line the installation will include a
manhole over the existing line. Grantee shall remain responsible for any hook-up fees,
development fees, or other fees required in conjunction with the extension of sewer
service to the property to be served.
C. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Six Hundred Forty-Eight and no/lOO Dollars ($648.00) for the permanent
easement, consisting of the following:
1.
Permanent Easement
(.300 acres at $2,000 per acre)
$600.00
2.
Damages to remaining property
(Loss of crops)
48.00
Total Compensation
$648.00
D. Permanent Easement Document. 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.
E. 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
F. 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.
G. Closing. Closing shall take place on or before
At closing the Grantor shall:
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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.
H. Nonassignable. Grantor's rights under this Agreement shall not be assigned
without the prior written consent of the City.
-2-
I. 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 WffNESS WHEREOF, the parties have hereunto set their hands the day and'
year first above written.
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Social Sec. No. 7- C;d--- g" 5'1<1
CITY OF SALINA, KANSAS
-3-
Iltllilit BUCHER, WilliS & RATLIFF
11t'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 42
Pennanent Easement
Owner:
Darrell Hills and Laura J. Hills
A tract of land located in the Southeast Quarter (SEV4) 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 Southwest comer of said SE~; thence N 0° 29' 47" W along the West
line of said SEV4 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 N
88° 55' 56" E along the North line of said Easement a distance of 435.47 feet, said line also
being parallel to and 10.00 feet North of Magnolia Road Right-Of-Way; thence N 1° 04' 04" W
a distance of 30.00 feet; thence S 88° 55' 56" W a distance of 435.17 feet to the West line of
said SE~; thence S 0° 29' 47" E along said West line of said SE~ a distance of 30,00 feet
to the POINT OF BEGINNING.
The above described tract contains .300 acres more or less.
EXHIBIT A
30.00'
S ()" 29' 47 E
POltIT OF
BEGINNING
~~
- -
50.00'
N O' 29' 4
---
SW Cor. of
SE1 /4 Sec. 30
T14S R2W
w
PERMANENT EASEMENT
Tract No. 42
435.47'
5'
- -
30.00'
N 1° 04' 04- W
435.17'
88" 55' 56" W
~
-----
-E-- ~ Existing S~ County - -
Highway Construction Easement
- -
- -
----------
MAGNOUA ROAD
LEGEND
Section Corner
- - - Road Right-of-Way
I Permanent Easement
N
Scale: 1" = 100'
EXHIBIT B
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
GARY 1. HARBIN and HI.TZABEfH A HARBIN, husband and wife, (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 , 1992.
Gary L. Harbin
Elizabeth A. Harbin
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 Gary L Harbin
and Elizabeth A Harbin, husband and wife, who are 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 WlTNESS 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
. .-
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..
Iltllill BUCHER, WILLIS & RATLIFF
11t'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 42
Pennanent Easement
Owner:
Darrell Hills and Laura J. Hills
A tract of land located in the Southeast Quarter (SE%) 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 Southwest comer of said SE%; thence N 00 29' 47W W along the West
line of said SEY4 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 N
880 55' 56w E along the North line of said Easement a distance of 435.47 feet, said line also
being parallel to and 10.00 feet North of Magnolia Road Right-Of-Way; thence N 10 04' 04w W
a distance of 30.00 feet; thence S 880 55' 56w W a distance of 435.17 feet to the West line of
said SE%; thence S 00 29' 47w E along said West line of said SE% a distance of 30,00 feet
to the POINT OF BEGINNING.
The above described tract contains .300 aaes more or less.
EXHIBIT A
~
, .
.I
30.00'
S rJ' 29' 4ï E
- -
POINT OF
BEGINNING
~~
GO.OO'
N O' 29' 4
W
---
SW Cor. of
SE1 /4 Sec. 30
T14S R2W
L::::.
PERMANENT EASEMENT
Tract No. 42
435.47'
S'
- -
30.00'
N 1" 04' 04" W
435.17'
88" 55' 56" W
-----
-E-- ~ Existinq ~ County - -
Highway Construction Easement
- -
- -
----------
MAGNOUA ROAD
LEGEND
Section Corner
- - - Road Right-of-Way
I Permanent Easement
N
Scale: 1" = 100'
EXHIBIT B