SE4-30-T14S-R2W (Tract 45)
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PERMANENT EASEMENT
THIS INDENTURE, made this JJfi-- day of ~{j , 1992, by and between
EDWARD HARRY S UD ENDO RF, a/kI a EDWARD H. ENDO RF n, a single person,
as record title holder ("Sudendorf'), and DAVID A TILLBERG, a single person, and
CHERYL A MORRAY and MICHAEL P. MORRAY, wife and husband, as purchasers
under contract ("Tillberg and Murrays") hereinafter collectively referred to as the "Grantor,"
and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WTI'NESSETII: 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 WTI'NESS WHEREOF, the Grantor has signed this Permanent Easement this
ir~day of (hi--t'.~ ,1992. ,-,",\
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Edward Harry Sudendor,
Sudendorf II
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David A. Tillberg ~/
STATE OF KANSAS ~ ((rJ)
COUNTY OF SALINE 5 55. -
FILED FOR RECORD !N MY OFFICE
ON NUV 1 h 1992 AT
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Michael P. Murray
STATE OF KANSAS, ~ ~~...~ COUNTY, ss:
BE IT REMEMBERED, that on this ;2Çí)-/ day of 5~/"t"-{Þ.6f1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Edward Harry
Sudendorf, a/kIa Edward H. Sudendorf n, a single person, 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.
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Misc. Bk 15'3 Pi &'~ 7-
IN WTI'NESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal ~da¥- aB year last above written.
51':\1'[ ';OTARY :ì.)I;UL
ROBERT R. ~'1H~I~TIE
5TATE 01' KA!,,~A~
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My Appt. Exp. -
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STATE OF KANSAS, YAJ./ Iv~
COUNTY, ss:
BE IT REMEMBERED, that on this Ir-bt- day of (~JM5{ , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came David A
Tillberg, a single person, 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.
~ JiWm IWEDWND
NOI'MV PU8LIC
STATE or: KANW
/JAY APPT. IIIXPIIUUI j - . ,- (
(~¥~ LL;J2(k3
Ii Notary PublIc
STATE OF KANSAS,
)1\.1-. I /v't:-- COUNTY, ss:
BE IT REMEMBERED, that on this 2h2i. day of o..t.~l , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Cheryl A
Murray and Michael P. Murray, 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 WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
~~1k~5] ') ~v -L,,~ 1o~;~UbliC
[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. ARCHITECTS
TRACT NO. 45
Permanent Easement
Owner.
Edward H. Sudendorf, II
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 partlculariy desatbed as follows: ,
Commencing at the Southeast comer of said SE'A; thence N 0° 26'04- W along the East
line of said SE'A a distance of SO.OO feet to the North Right-Of-Way line of Magnolia Road, said
point also being the POINT OF BEGINNING; thence continuing N 0° 26' 04- W along the East
line of said SE'A a distance of 30.00 feet; thence S 88° 55' 56- W a distance of 765.33 feet
to the East Boundary of the Rood Control Dike; thence S 23° 25' 20- E along said Flood Dike
Boundary a distance of 32.44 feet to the North Right-Of-Way line of Magnolia Road; thence N
88° 55' 56- E along the North Right-Of-Way line of Magnolia Road a distance of 752.67 feet
to the POINT OF BEGINNING.
The above described tract contains .523 acres more or less.
EXHIBIT A
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Mise. Bk /53 PI g 1L
PERMANENT EASEMENT
Tract No. 45
32.44'
S 23" 25' 20" E
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LEGEND
D.
Section Corner
- - - Road Right-of-Way
( Permanent Easement
SE Cor. of
SE1 4 Sec. 30
T14S R2W
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EXHIBIT B
AGREEMENT
This Agreement is made this ) ~ -66- day of G..,vi4.~cr , 1992, by and between
EDWARD HARRY SUDENDORF, a/kIa EDWARD SUDENDORF n, a single
person, as record title holder ("Sudendorf'), and DAVID A TILLBERG, a single person,
and CHERYL A MORRAY and MICHAEL P. MORRAY, wife and husband, as
purchasers under contract ("Tillberg and Murrays") hereinafter collectively 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 Four Hundred Seventy-five and 93/100 Dollars ($475.93) for the permanent
easement, consisting of the following:
1.
Permanent Easement
(.523 acres at $750 per acre)
$392.25
2.
Damages to remaining property
(Loss of crops)
83.68
Total Compensation
$475.93
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 the contract for purchase
between Sudendorf, Tillberg and Murrays.
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 ~w-r&."-,-- if , ¡ ~ V'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,
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. Allocation of the compensation between the Grantors shall be determined by
the Grantors.
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 WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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Social Sec. No. t~Ù:7 if?- /-:;3f¡:"
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. MIchael P. Murray
Social Sec. No.3/~-J'2. Vi)))
CITY OF SALINA, KANSAS
By ~,
Dennis M. Kissinge ,
City Manager
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1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 45
Permanent Easement
Owner.
Edward H. Sudendorf, II
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 partlcular1y described as follows: ,
Commencing at the Southeast comer of said SE1A; thence N 0° 26' 04- W along the East
line of said SEY4 a distance of 50.00 feet to the North Right-Of-Way line of Magnolia Road, said
point also being the POINT OF BEGINNING; thence continuing N 0° 26' 04- W along the East
line of said SE1A a distance of 30.00 feet; thence S 88° 55' 56- W a distance of 765.33 feet
to the East Boundary of the Aood Control Dike; thence S 2~ 25' 20- E along said Flood Dike
Boundary a distance of 32.44 feet to the North Right-Of-Way line of Magnolia Road; thence N
88° 55' 56- E along the North Right-of-Way line of Magnolia Road a distance of 752.67 feet
to the POINT OF BEGINNING.
The above described tract contains .523 acres more or less.
EXHIBIT A
PERMANENT EASEMENT
Tract No. 45
32.44"
S 2=r 25' 2cr E
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LEGEND
6
Section Corner
- - - Road Right-at-Way
I Permanent Easement
SE Cor. at
SE1 4 Sec. 30
T1 4S R2W
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30.00'
N cr 26' 04 W
50.00'
N (J' 26' 04" W
VY1..1TR T 'T' "R
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
EDWARD HARRY SUDENDORF, a/kIa EDWARD H. SUDENDORF n, a single person,
as record title holder ("Sudendorf'), and DAVID A TILLBERG, a single person, and
CHERYL A MORRAY and MICHAEL P. MORRAY, wife and husband, as purchasers
under contract ("Tillberg and Murrays") hereinafter collectively referred to as 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.
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
- day of , 1992.
Edward Harry Sudendorf, a/k/a Edward H.
Sudendorf II
David A. Tillberg
Cheryl A Murray
Michael P. Murray
STATE OF KANSAS,
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 Edward Harry
Sudendorf, a/kIa Edward H. Sudendorl n, a single person, 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.
EXHIBIT C
IN WTI'NESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
STATE OF KANSAS,
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 David A
Tillberg, a single person, 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.
Notary Public
STATE OF KANSAS,
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 Cheryl A
Murray and Michael P. Murray, 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 WITNESS WHEREOF, I have hereunto subscribed my name and affDœd 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)]
-2-
-;
1811118 BUCHER, WilliS & RATLIFF
18'1'1111.... ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 45
Permanent Easement
Owner:
Edward H. Sudendorf, II
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 at the Southeast comer of said SEY4; thence N 0° 26'04~ W along the East
line of said SEY4 a distance of 50.00 feet to the North Right-Of-Way line of Magnolia Road, said
point also being the POINT OF BEGINNING; thence continuing N 0° 26' 04~ W along the East
line of said SEY4 a distance of 30.00 feet; thence S 88° 55' 56~ W a distance of 765.33 feet
to the East Boundary of the Flood Control Dike; thence S 23° 25' 20. E along said Flood Dike
Boundary a distance of 32.44 feet to the North Right-of-Way line of Magnolia Road; thence N
88° 55' 56. E along the North Right-Of-Way line of Magnolia Road a distance of 752.67 feet
to the POINT OF BEGINNING.
The above described tract contains .523 acres more or less.
EXHIBIT A
.
PERMANENT EASEMENT
Tract No. 45
32.44'
S 2:r 25' 2cJ E
. E.
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Scale: 1" =100'
LEGEND
L.
Section Corner
- - - Road Right-of-Way
I Permanent Easement
SE Cor. of
SE1 4 Sec. 30
T14S R2W
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30.00'
N cr 26' O~ W
50.00'
N 0' 26' 04" W
EXHIBIT B