SE4-30-T14S-R2W (Tract 43)
'1.'~ fn 1..J:":2. '. i,-?3,
';,.,)" ; ," .J~~ . g , .
PERMANENT EASEMENT
. fZt -
TIllS INDENTURE, made this j"7 caay of !-/~ ' 1992, by and between
ROBERT 1... CONSTABLE and J. JtJNE"CõNST ABLE, h d 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
fl day of j~1 ' 1992. ~' /-:/
/( ~
$íATEOFKANSAS ,i \ 1/ ~/ Á ' / -,..-.
COUNTY OF SALINE} 55. ,J~. ,,-' ,~./ .
FILED FOR RECORD IN MY O~E ./' obe L Constable
ON SEP 2 4. 1992 AT 6
,// / '? ,/
'-1;. QQO'CLOC~~l A' ~A RECORD, ED ,¡) , ~ ~ ~a
~~ . T PA~E!:iÞ3 -i35 J. J~ <; stable
. .,_ReG. OF OtEOS
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 1114- day of ~, 1992, before me, the
undersigned, a notary public in and for the county and si~e-atOresaid, came Robert 1...
Constable and J. June Constable, 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 WlTNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
~~DüjÑ¡;~"'J'
~ NOTARY PUBLIC
L~~,.APP~' ~1(;~~~~E 2!-~~~~rs.,"
-j J l~ r
CVvyJ~ .,).< L~~-
, Notary Pubhc
l
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
j
.~ .
\1¡,c Rk .~. p¡¡ {fie ,
CONSENT TO EASEMENT
The undersigned Mortgagee, consents to the grant of an easement by the Mortgagors
to the Oty of Salina, Kan~~ (the "City"), as follows:
1. The name of the Mortgagors are Robert 1... Constable and J. June Constable,
husband and wife.
2.
The name of the Mortgagee is Security Savings and Loan Association.
3. A Mortgage dated January 18, 1991 was recorded at Book 431 of Mortgages,
pages 317-320 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.
Dated this ~1.~J day of ~, 1992.
Sí;'Ti: OF KANSAS ~ 55. /N!)S~~URITY SAVINGS AND LOAN
COUNTY OF SALINE 5 ~ ASSO IATION
FILED Fm~ RECORD IN MY OFFICE
ON SEP 2 4. 1992 AT
It by
g:~'CLOCKt¡.:M, Ar~ RECORDDt'ø 'f3! Randal J. Gr
'h;~~; ~ ~ REG 6i~~~DS -
STATE OF KANSAS, COUNTY OF SALINE ss:
tfJh~
BE IT REMEMBERED, that on this 22nctlay of July, 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
Randal J. Graham , Senior Vice President of Security
Savings and Loan 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.
IN wrrNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
"" WANDA R. MARICLEY
No88y NIII8. - II -
My ApII8. --- - / -
;-:14¿;~ ,¿/¿J ( N~ .-
Notary blic
,/
..
AGREEMENT
This Agreement is made this / 7 f1¡¡,.y of ~ ' 1992, by and between
ROBERT 1... CONSTABLE and J. ~CONSTAB 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. 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 Three Thousand Three Hundred Sixty-five and 76/100 Dollars ($3,365.76) for the
permanent easement, consisting of the following:
1.
Permanent Easement
(.237 acres at $7,500 per acre)
$1,777.50
2.
Damages to remaining property
(Loss of Austrian pine $497.26;
2 weeping willows $164; laterals
$700; reseeding lawn $227)
1.588.26
Total Compensation
cl~c/ /f!qflr,.~ /r...~. rf reh~- Y1 /.l.~
$3,365.16
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 18, 1991, and recorded in Mortgage
Book 431, pages 317-320 in the office of the Register of Deeds, 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.
~. Closing. Closing shall take place on or before 41ú,,~/< /71 L .
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.
-2-
IN WlTNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
~~<Ê
(// Robert L. onstable
Social Sec. No. S-(;3-~â -f?~ 7
/~l /) ~ '
( / /~/ ( .... '/
\,/ (/,/ t'/-'... _é= .ll-:.7--//~ /.--
J. JwféÇptístabl~
Social séc. No. j / )- Y tl' F¥ ?/
CITY OF SALINA, KANSAS
By~~~
Dennis M. Kissinger, /
City Manager
-3-
PERMANENT EASEMENT
TIllS INDENTURE, made this '- day of , 1992, by and between
ROBERT 1... CONSTABLE and J. JUNE CONSTABLE, 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.
Robert L. Constable
J. June Constable
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 Robert 1...
Constable and J. June Constable, 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 WffNESS 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 pürsuant to K.S.A 79-
1437e(a)(13)]
EXHIBIT C
. \.
1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS' ARCHITECTS
TRACT NO. 43
Pennanent Easement
Owner:
Robert L Constable and J. June Constable
A tract of land located In the Southeast Quarter (SEtA) 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 SEtA; thence S 88° 55' 568 W along the South
line of said SEY4 a distance of 1862.30 feet; thence N 1° 04' 048 W 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' 568 W along the North line of
said easement a distance of 343.89 feet, said line being 10.00 feet North of and parallel to the
North Right-of-Way line of Magnolia Road; thence N 1 ° 04' 048 W a distance of 30.00 feet;
thence N 88° 55' 568 E a distance of 343.89 feet; thence S 1° 04' 048 E a distance of 30.00
feet to the POINT OF BEGINNING.
The above described tract contains .237 aa-es more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 43
30.00'
N 1- 04' O~ W
E 343.89'
=-=- -=-=- - -7' -S- 88" 55'
ExistinQ Saline County /
Highway Construction Easement 1862.30'
- - 50.00' -S 88" 55' 5
MAGNOLIA ROAD N 1. 04' 04 W
----~----
30.00'
S 1- 04' 04- E
POINT OF
BEGINNING
-~-
E Cor. of
SE1 /4 Sec. 30
114S R2W
N
LEGEND
D
Section Corner
- - - Road Right-of-Way
I Permanent Easement
Scale: 1" = 100'
EXHIBIT B