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SE4-30-T14S-R2W (Tract 44) ... ~ Misc. Bk {\.J;: ~ Pi 9 ~;;¿ PERMANENT EASEMENT TIllS INDENTURE, made this 7J~t8. day of Cù~d- , 1992, by and between ARNOLD E. TILLBERG and ELEANOR A ~usband 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. CQVENA1':r: 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 wrrNE:SS WHEREOF, the Grantor has signed this Permanent Easement this .)SKdayof (~A.r-4' , 1992. AS } ~J ~ ¿/;) . -, h .",- STATE OF KANS. . 55.,' / ~/ ¿. ---/þ//ç-".. < .'/.-/ COUNTY OF SALINE / ¿-. ~ -f k- . -'-~- fiLED FOR RECORD IN MY OFFI E Arnold E. Tillberg :+ ON DEC 2 1992 AT - , ..', ~8':O.!LO'CLOCIdtM'AN~.ULYRECORDED - L C/I~á¡tt7 C/ VOL~ Of~T PAGE-Î X'¿n) Eleanor A. Tillberg ~ LÁI REG. OF DEEDS 1-' { S A F KANSAS, SALINE COUNTY, ss: ,/ ( '::!Lf [tt{L.£êj / BE IT REMEMBERED, that on this .J5~ day ofCh~ ' 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came Arnold E. Tillberg and Eleanor A Tillberg, 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. ~;:~~I ,~:. - ~~~!~~_T-:L:;¿~ _:.J~:.CJ 'J DAr.A ),( ~~--<-~ tyJ) kç) Notary PUb1ic [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] ./ . ",,' Misc. Bk /...Q Pg 9 ~ IIIIIII BUCHER, WilliS & RATLIFF II'I'I~ ENGINEERS. PLANNERS . ARC~ITECTS TRACT NO. 44 Permanent Easement Owner: Arnold E. Tlllberg and Eleanor A. TIllberg A tract of land located In the Southeast Quarter (SEY4) of Section Thirty (30), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more particularly described as follows: Commencing a the Southeast comer of said SE1A; thence S 88° 55' 568 W along the South line of said SE1A a distance of 1184.54 feet; thence N 1° 04' 048 W a distance of 70.00 feet to the intersection of the West Boundary to the Rood Control Dike and the North Rlght-Qf- Way line of Magnolia Road, said point being the POINT OF BEGINNING; thence S 88° 55' 568 W along the North Right-of-Way line of Magnolia Road a distance of 189.46 feet to the East end of a Highway Construction Easement held by Saline County; thence N 1° 04' 048 W along the East Une of said Easement a distance of 10.00 feet; thence S 88° 55' 568 W along the North Une of said Easement a distance of 300.00 feet; thence S 1° 04' 048 E along the West line of said Easement a distance of 10.00 feet to the North Right-of-Way line of Magnolia Road; thence S 88° 55' 568 W along the North Right-of-Way line of Magnolia Road a distance of 100.00 feet, thence S 1 ° 04' 048 E along said Right-of-Way a distance of 10.00 feet to the Northeast comer of an existing Highway Construction Easement held by Saline County; thence S 8SO 55' 568 W along the North line of said easement a distance of 88.30 feet; thence N 1 ° 04' 048 W a distance of 30.00 feet; thence N 8SO 55' 568 E a distance of 58.30 feet; thence N 1° 04' 048 W a distance of 20.00 feet; thence N 88° 55' 568 E a distance of 600.39 feet to the West Boundary of the Flood Control Dike; thence S 2f)O 33' 468 E along said Dike Boundary a distance of 44.32 feet to the POINT OF BEGINNING. The above desaibed tract contains .538 aa-es more or less. EXHIBIT A Misc. Bk ¡.£.J, Pi 9L/ i- , . . . PERMANENT EASEMENT Tract No. 44 --<\ <ó <6 <¿, ~ 16 ?" ~ 'r; ~ \ \ \ \ \ \ \ \ \ 30.00' \N 1. 04' 048 W 58.30' N 88" 55' 56" E 20.00' N 1- 04' o~ W E 300.00' 5S' 56" -w- - , 0.00' N ,- 04' 048 W POINT OF BEGINNING 70.00' N 1. 04' 04" W - - '0.00' \ S ,- 04' 048 E , 0.00' S ,- 04' O~ E MAGNOLIA ROAD 100.00' S 88" 55' 56" W 1184.54' S 88" 55' 56" W SE Cor. of SE1 /4 Sec. 30 T14S R2W N ~ t LEGEND D. Section Comer - - - Road Right-of-Way I Permanent Easement Scale: in = 1 00' /I ~~ 10 J ~,l// J~ EXHIBIT B 0 .' Misc. Bk ..J:;~ Pg 11~ CONSENT TO EASEMENT The undersigned Mortgagee, consents to the grant of easement by the Mortgagors to the City of Salina, Kansas (the "City"), as follows: 1. The name of the Mortgagors are Arnold E. Tillberg and Eleanor A Tillberg, husband and wife. 2. The name of the Mortgagee is Colonial Savings and Loan Association, now First Colonial Bank NA 3. A Mortgage dated July 5, 1973 was recorded at Book 289 of Mortgages, pages 593-597 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 ~ day of August ~;~~ ~;~:LlNE } 55. ( ,\1) FiLED FOR RECORD IN MY OFF~E ON DEC 2 1992 AT '-/, B:Il!!O'Cl.OC~.A~j,RECORDED .¡5-'Ng by ~,~~ REG. ~:~~~ Mary STATE OF t"cwv::> 0--:.--- , COUNTY OF ,1992. First Colonial Bank N.A. inistration Officer (WS-J.h¡r,-=:>~ ss: / BE IT REMEMBERED, that on this 31 day of C:tv~ j)-V'"' 1', 1992, before me, the undersigned, a notary public in and for the county ánd state aforesaid, came MtA...v,¡ I S()f'r\PVVI !if', ' C-r-.erx{~ ~lnl ^ISh-Df¡'{O~ ()Fr:-¡ti'.-Df R r~ i ~ 0 I ([) r'I i Q-( 'ßOA \^- (. , N .1\- 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. \J , .' ""I'se .3k ,~ "0 ~Iß.- '" . - ~ r" IN wrrNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. / ---f;;L{/Tfpß'- (d. & {Þc--t.~ Notary Public r ð ICRIITEN A. 8E~ ~ My" &po ,;¿ ¡ :xJ NJ STATf OJ uosas ' I -2- ,', . . Misc, Bk ~~ Pg :i!i..!/- IIIIIII BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS . ARC~ITECTS TRACT NO. 44 Permanent Easement Owner: Arnold E. Tlllberg and Eleanor A. TIllberg A tract of land located In the Southeast Quarter (SEY4) of Section Thirty (30), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more particularly described as follows: Commencing a the Southeast comer of said SE1A; thence S 88° 55' 56. W along the South line of said SE1A a distance of 1184.54 feet; thence N 1 ° 04' 04. W a distance of 70.00 feet to the Intersection of the West Boundary to the Aood Control Dike and the North Rlght-of- Way One of Magnolia Road, said point being the POINT OF BEGINNING; thence S 88° 55' 56. W along the North Right-of-Way line of Magnolia Road a distance of 189.46 feet to the East end of a Highway Construction Easement held by Saline County; thence N 1° 04' 04. W along the East One of said Easement a distance of 10.00 feet; thence S 88° 55' 568 W along the North One of said Easement a distance of 300.00 feet; thence S 1° 04' 04. E along the West line of said Easement a distance of 10.00 feet to the North Right-Of-Way line of Magnolia Road; thence S 88° 55' 568 W along the North Right-of-Way line of Magnolia Road a distance of 100.00 feet; thence S 1° 04' 048 E along said Right-of-Way a distance of 10.00 feet to the Northeast comer of an existing Highway Construction Easement held by Saline County; thence S aao 55' 568 W along the North line of said easement a distance of 88.30 feet; thence N 1 ° 04' 048 W a distance of 30.00 feet; thence N 88° 55' 568 E a distance of 58.30 feet; thence N 1° 04' 048 W a distance of 20.00 feet; thence N 88° 55' 568 E a distance of 600.39 feet to the West Boundary of the Flood Control Dike; thence S 26° 33' 468 E along said Dike Boundary a distance of 44.32 feet to the POINT OF BEGINNING. The above desaibed tract contains .538 aaes more or less. EXHIBIT A ., , . PERMANENT EASEMENT Tract No- 44 30.00' N 1- 04' O~ W 58.30' N 88" 55' 56" E 20.00' N 1- 04' O~ W 300.00' 55' 56" -w- - 10.00' N 1- 04' 048 W - - 10.00' \ S 1- 04' 048 E 10.00' S 1- 04' O~ E MAGNOLIA ROAD 100.00' S 88" 55' 56" W LEGEND D. Section Corner - - - Road Right-at-Way I Permanent Easement d~~~ \ \ \ \ \ \ \ \ \ E POINT OF BEGINNING 70.00. N 1- 04' 04" W 1184.54' S 88" 55' 56" W Mise. Bk ~ - r'g..fJfl.i- -<\ <ó 'b <6 ~ 16 ?" ~ ~ SE Cor. of SE1 /4 Sec. 30 T14S R2W N ~ t Scale: ¡"=100' EXHIBIT B .. : L. 8 8 M~. Uk L¿\::~ Pgj!J/!I- ~11r:1 7. 8 1992 T CONSENT TO EASEMENT The undersigned Mortgagee, consents to the grant of easement by the Mortgagors to the City of Salina, Kan§3S (the "City"), as follows: 1. The name of the Mortgagors are Arnold E. Tillberg and Eleanor A Tillberg, husband and wife. 2. The name of the Mortgagee is United States of America acting through the Farmers Home Administration, United States Department of Agriculture. 3. Mortgages: A àated August 4, 1973, recorded at Book 324 of Mortgages, pages 870- 873; and B. dated June 30, 1986, was recorded at Book 384 of Mortgages, pages 167-170; both 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 13thdayof November STATE OF. KANSAS} - (.1\)\ COUNTY OF SALINE 55°\ .) FILED FOR RECORD IN MY OFFICÈ ! ON DEC 2 1992 AT S:QJLO'CLOC¿M.A ULYRECORDED Cir \.{ VOL O' T PAGE..J.. 'Ie¡ - J ~ ;;L r 1]' EG. OF DEEDS STATE OF KANSAS, COUNTY OF ,1992. UNITED STATES OF AMERICA ACTING THROUGH THE FAR~AERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE by W~,j ~- William Mahanay, u ty Supervisor SALINE , ss: BE IT REMEMBERED, that on this 13t:Kiay of November , 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came WILLI~1 L. ÞffiHANAY County Supervisor of the J , , r~ 8 8 "', I I':" ~ C £.'7\ ",¡~C. 3k "'~ Pg ~.'.:t- AUG 2 is 19¡Q, " United States of America acting through the Farmers Home Administration, United States Department of Agriculture, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written./",\ l /IZIvl ¡X \lt~/f~ íj Notary Public -2- . . " Misc. Bk ~- Pg~./- IIIIIII BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS . ARC~ITECTs TRACT NO. 44 Permanent Easement Owner: Arnold E. Tlllberg and Eleanor A. TIllberg A tract of land located In the Southeast Quarter (SE1A) of Section Thirty (30), Township Fourteen South (145), Range Two West (2W) of the Sixth Principal Meridian In Saline County, Kansas, being more particularly described as follows: Commencing a the Southeast comer of said SE1A; thence S 88° 55' 56. W along the South line of said SE1A a distance of 1184.54 feet; thence N 1° 04' 04. W a distance of 70.00 feet to the intersection of the West Boundary to the Aood Control Dike and the North Rlght-Qf- Way Ine of Magnolia Road, said point being the POINT OF BEGINNING; thence S 800 55' 56. W along the North Right-of-Way Hne of Magnolia Road a distance of 189.46 feet to the East end of a Highway Construction Easement held by Saline County; thence N 1° 04' 04. W along the East Rne of said Easement a distance of 10.00 feet; thence S 8SO 55' 56. W along the North Rne of said Easement a distance of 300.00 feet; thence S 1° 04' 04. E along the West line of said Easement a distance of 10.00 feet to the North Right-of-Way Hne of Magnolia Road; thence S 88° 55' 56. W along the North Right-of-Way Hne of Magnoßa Road a distance of 100.00 feet; thence S 1° 04' 04. E along said Right-of-Way a distance of 10.00 feet to the Northeast comer of an existing Highway Construction Easement held by Saline County; thence S 8SO 55' 56. W along the North Une of said easement a distance of 88.30 feet; thence N 10 04' 04. W a distance of 30.00 feet; thence N 88° 55' 56. E a distance of 58.30 feet; thence N 1° 04' 04. W a distance of 20.00 feet; thence N 88° 55' 56. E a distance of 600.39 feet to the West Boundary of the Flood Control Dike; thence S 2SO 33' 46. E along said Dike Boundary a distance of 44.32 feet to the POINT OF BEGINNING. The above described tract contains .538 aaes more or less. T".VTJTDT'T' 71 . ,. . ~ PERMANENT EASEMENT Tract No. 44 30.00' N 1- 04' 04- W 58.30' N 88" 55' 56" E 20.00' N 1- 0...' o~ W 300.00' 55' 56"-W- 1 0.00' N 1- 04' 04- W - - 10.00' S 1- 04' 04- E 10.00' S 1- 04' O~ E MAGNOLIA ROAD 100.00' S 88" 55' 56" W LEGEND D Section Corner - - - Road Right-of-Way I Permanent Easement ~.~ ~~ Mi~c. arc .~~ ~. ?~ ~ 5d....J ~ tó <6 () ~ ~ ~ ~ ~ \ \ \ \ \ \ \ \ \ E 70.00' N 1. 04' 04" W 1184.54' S 88" 55' 56" W SE Cor. of SE1 /4 Sec. 30 T14S R2W N ~ + Scale: ¡"=100' EXHTRT'T' R AGREEMENT This Agreement is made this .7J~ day of Úû-e/U-l;¡;r-- , 1992, by and between ARNOLD E. TILLBERG and ELEANOR A TILLBERG, 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 Seventeen Thousand One Hundred Thirty-five and 79/100 Dollars ($17,135.79) for the permanent easement, consisting of the following: 1. Permanent Easement (.538 acres at $7,500 per acre) $ 4,035.00 2. Damages to remaining property (Moving well $2,000; loss of trees $8,720.79; wooden fence $600; moving 2 gates $200; permanent fence $1,350; reseed lawn $230) 13.100.79 Total Compensation $17,135.79 C. Relocated Well. Mter Grantor has relocated the private domestic water well located in the permanent easement, the City agrees that upon Grantor's request, for up to three times per calendar year, the City will test a water sample taken by a representative of the City from the relocated well. If it is determined that Grantor's relocated well has been contaminated by a discharge from the interceptor sewer installed in the permanent easement, the City agrees to pay the cost of relocating the well to a location designated by Grantor. 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 a Mortgage in favor of: 1. Colonial Savings and Loan Association dated July 5, 1973, recorded in Mortgage Book 289, pages 593-597; 2. United States of America, acting through the Farmers Home Administration, United States Department of Agriculture dated August 4, 1978, recorded in Mortgage Book 324, pages 870-873; 3. United States of America, acting through the Farmers Home Administration, United States Department of Agriculture dated June 30, 1986, recorded in Mortgage Book 384, pages 167-170; all in the records of the Register of Deeds of Saline County, Kansas. 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 }1tf4"'~N'-- ;) 5' / f f 2. 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, -2- 3. provide the City with any other necessary information such as Grantor's current mailing address and social security numbers or tax identification number, 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. 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. ~ ¿: þ~. Arnold E. Tillberg Social Sec. {fax ID No. ,.s-" r .if;t 1..J .¡ tJ t {u< t ¡; L Ci. '<.lL[[Ù¿lCj Eleanor A. Tillberg [. - / " c Social Sec. (fax ID No.:) !.V -l/c) - JJ11 CITY OF SALINA, KANSAS BY~~ Dennis M. Kissin City Manager -3- 1111111 BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS . ARC~ITECTs TRACT NO. 44 Permanent Easement Owner: Arnold E. Tlllberg and Eleanor A. TIllberg A tract of land located in the Southeast Quarter (SEY4) 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 a the Southeast comer of said SEIA; thence S 88° 55' 56w W along the South line of said SEIA a distance of 1184.54 feet; thence N 1° 04' 04w W a distance of 70.00 feet to the Intersection of the West Boundary to the Flood Control Dike and the North Rlght-Of- Way line of Magnolia Road, said point being the POINT OF BEGINNING; thence S 880 55' 568 W along the North Right-Of-Way line of Magnolia Road a distance of 189.46 feet to the East end of a Highway Construction Easement held by Saline County; thence N 1 ° 04' 04w W along the East line of said Easement a distance of 10.00 feet; thence S 880 55' 56w W along the North line of said Easement a distance of 300.00 feet; thence S 10 04' 048 E along the West line of said Easement a distance of 10.00 feet to the North Right-Of-Way line of Magnolia Road; thence S 880 55' 56w W along the North Right-Of-Way line of Magnolia Road a distance of 100.00 feet; thence S 1° 04' 048 E along said Right-Of-Way a distance of 10.00 feet to the Northeast comer of an existing Highway Construction Easement held by Saline County; thence S 88° 55' 568 W along the North line of said easement a distance of 88.30 feet; thence N 1 ° 04' O4w W a distance of 30.00 feet; thence N 880 55' 568 E a distance of 58.30 feet; thence N 1° 04' 048 W a distance of 20.00 feet; thence N 88055' 56w E a distance of 600.39 feet to the West Boundary of the Flood Control Dike; thence S 260 33' 46W E along said Dike Boundary a distance of 44.32 feet to the POINT OF BEGINNING. The above described tract contains .538 acres more or less. EXHIBIT A PERMANENT EASEMENT Tract No- 44 30.00' N " 04' 04. W 58.30' N 88" 55' 56" E 20.00' N " 04' o~ W \ \ \ \ \ \ \ \ \ -<\ <ó 'b () <1 ~ ~ 9:. ~ 300.00' 56' 56" -w- - 10.00' N " 04' 04. W - - 10.00' S " 04' O~ E MAGNOLIA ROAD 10.00' \ S " 04' 04. E '00.00' S 88" 55' 56" W LEGEND D Section Comer - - - Rood Right-of-Way I Permanent Easement E POINT OF BEGINNING 70.00' N 1- 04' 04" W 1184.54' S 88" 55' 56" W SE Cor. of SE1 /4 Sec. 30 T14S R2W N ~ t Scale: ¡"=100' EXHIBIT B PERMANENT EASEMENT TIllS INDENTURE, made this - day of , 1992, by and between ARNOLD E. TILLBERG and ELEANOR A TILLBERG, husband and wife, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: 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 wrrNE:SS WHEREOF, the Grantor has signed this Permanent Easement this - day of , 1992. Arnold E. Tillberg Eleanor A. Tillberg 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 Arnold E. Tillberg and Eleanor A Tillberg, 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. Notary Public [A real estate sales validation questionnaire is not required pursuant to KS.A. 79- 1437e(a)(13)] EXHIBIT C 1111111 BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS . ARC~ITECTs TRACT NO. 44 Permanent Easement Owner: Arnold E. Tlllberg and Eleanor A. TIliberg A tract of land located In the Southeast Quarter (SEY4) 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 a the Southeast comer of said SE1A; thence S 88° 55' 56- W along the South line of said SE1A a distance of 1184.54 feet; thence N 1° 04' 048 W a distance of 70.00 feet to the Intersection of the West Boundary to the Flood Control Dike and the North Rlght-of- Way Une of Magnolia Road, said point being the POINT OF BEGINNING; thence S 88° 55' 56- W along the North Right-Of-Way line of Magnolia Road a distance of 189.46 feet to the East end of a Highway Construction Easement held by Saline County; thence N 1° 04' 04- W along the East fine of said Easement a distance of 10.00 feet; thence S 88° 55' 568 W along the North line of said Easement a distance of 300.00 feet; thence S 1° 04' 04- E along the West line of said Easement a distance of 10.00 feet to the North Right-Of-Way line of Magnolia Road; thence S 880 55' 56- W along the North Right-Of-Way line of Magnolia Road a distance of 100.00 feet; thence S 1° 04' 048 E along said Right-of-Way a distance of 10.00 feet to the Northeast comer of an existing Highway Construction Easement held by Saline County; thence S 8SO 55' 56- W along the North line of said easement a distance of 88.30 feet; thence N 1 ° 04' 048 W a distance of 30.00 feet; thence N 88° 55' 568 E a distance of 58.30 feet; thence N 10 04' 04- W a distance of 20.00 feet; thence N 88° 55' 568 E a distance of 600.39 feet to the West Boundary of the Flood Control Dike; thence S 2SO 33' 46- E along said Dike Boundary a distance of 44.32 feet to the POINT OF BEGINNING. The above described tract contains .538 aaes more or less. EXHIBIT A PERMANENT EASEMENT Tract No. 44 30.00' N " 04' 04- W 58.30' N 88" 55' 56" E 20.00' N " 04' o~ W 300.00' 5S' 56" ~ - , 0.00' N " 04' 04- W - - , 0.00' S " 04' O~ E MAGNOLIA ROAD , 0.00' S " 04' 04- E 100.00' S 88" 55' 56" W LEGEND D. Section Corner - - - Rood Right-of-Way I Permanent Easement \ \ \ \ \ \ \ \ \ E POINT OF BEGINNING 70.00' N l' 04' 04" W 1184.54' S 88" 55' 56" W ~ ~ <6 c¿, ~ 16 (' ~ ~ SE Cor. of SE1 /4 Sec. 30 T14S R2W N ~ + Scale: ¡" = 1 00' EXHIBIT B