Block 14 & 15
"
. "
..
Mi~c. Bk l ~~ PI! ';/;? ~
PERMANENT EASEMENT
TIllS INDENTURE, made this 1M.. day of ~~-, 1992, by and between
MARY I- MARQUELING and LOUISE MARQ~ TRUSTEES OF THE
MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17,
1982, (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 WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
/ ~
...lL day of ~~ 1992.
MARY L. MARQUELING REVOCABLE
INTER VIVOS TRUST ulDrr AUGUST 17,
1982
f.
v
A
STATE OF KANSAS l 5S/. N )
COUNTY OF SALINE 5 L /
FILED FOR RECORD IN MY OFFICE
ON SEP 2 4. 1992 AT ,,/
6': .:!QO'CLOCt4~A.A' U,L Y RECORDEQ . .1.-1'¿ By::fk<A ~ ~1Jç V<-f~
VOL. a T PAGE~ Louise Marqueling, rusfee
EG. OF DEEDS
arqueling, T
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 MARY I-
MARQUELING CO- TRUSTEE OF THE MARY I- MARQUELING REVOCABLE
INTERVIVOS TRUST ulDrr AUGUST 17, 1982, 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 on behalf of the Trust.
L/
t
Mi~I'.,~!( .~~~
Pp, .':£Jj
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, 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 LOUISE
MARQUELING CO- TRUSTEE OF THE MARY I- MARQUELING REVOCABLE
INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 on behalf of the Trust.
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 K.S.A. 79-
1437e(a)(13)]
~I
~.\
UJ
STATE OF CALlFOR~IA /? ¿;?
COUNTY OF ~ ~
On this the /9~ day of ~
the undersigned otary Pu.blic, pers all appeared
E
CD
...J E
c( 0>
a:i
~~
w c:
C)tí
<C
r:z. personally known to me
E::ì proved to me on the basis of satisfactory evidence
to be the personW whose name(~ a......L subscribed to the within instrument and
acknowledged to me that ~ executed the same in -:z:t1.:.....1 authorized
capacity(ies) and that by ~ signature(s) on the instrument the person(s), or
UJ I the entity upon behalf of which the person(s) acted, executed the instrument.
~I ;a¿;Pj ~
Notary's Signature
OFFICIAl. SEAl.
MIKEL PACK RICHARDSON
NOTARY PUBLIC . CAlIFORNIA
PRINCIPAl. OFFICE '"
SAHT A BAR8ARA COUNtY
.., CoaunisIicm Exp. JuIJ 20. 1993
FOR NOTARY SEAL OR STAMP
-2-
" ". ."
Misc. Bk ~ PI[ q~ r
11111111 BUCHER, WilliS & RATLIFF
III'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 38
Permanent Easement
Owner:
Mary L. Marqueling Revocable Inter-Vivos Trust
A tract of land located in the North Half (N%) of the Northwest Quarter (NW~) of Section
Thirty-One (31), Township Fourteen South (14S), Range Two West (2W), of the Sixth Principal
Meridian in Saline County, Kansas, being more particular1y described as follows:
Commencing at the Northwest comer of said NW%; thence N 88° 55' 36R E along the North
line of said NWV4 a distance of 551.24 feet; thence S 0° 01' 41- E a distance of 50.00 feet to
the South Right-at-Way line of Magnolia Road. said point also being the POINT OF
BEGINNING; thence N 88° 55' 36- E along the South Right-Of-Way line of Magnolia Road a
distance of 1653.01 feet; thence S 0° 36' 24R E a distance of 30.00 feet; thence S 88° 55' 36R
W a distance of 953.84 feet; thence S 0° 05' 04- E a distance of 1249.97 feet to the South line
of said N% of said NWV4; thence S 89° 18' 38R W along the South line of said NY2 of said
NW% a distance of 30.00 feet; thence N 0° 05' 04R W a distance of 1249.77 feet; thence S 88°
55' 36- W a distance of 669.47 feet; thence N 0° 01' 41" W a distance of 30.00 feet to the
POINT OF BEGINNING.
The above described tract contains 1.999 acres more or less.
EXHIBIT A
'11
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I
I
PERMANENT EASEMENT
Tract No. 38
50,00'
S cr 01' 41" E
----------------
MAGNOLIA ROAD
r---
I 30.00'
N 0" 01' 41'--W
I
I
I
I
I
I
I
I
1653.01'
N 88" 55' 36" E
S 88' 55' 36" W
LEGEND
.ð.
Section Comer
- - - Rood Right-at-Way
I I Permanent Easement
30.00'
S 8IT 18'
N
Scale: 1"=100'
w
EXHIBIT B
----
30.00"
S 0" 36' 24" t
t
~
0"'-
Q
,~
AGREEMENT
This Agreement is made this /{HL day Of~( , 1992, by and between
MARY 1- MARQUELING and LOUISE MARQ G, CO- TRUSTEES OF THE
MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17,
1982, hereinafter referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a
municipal corporation, hereinafter referred to as the "City."
REClT 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. The City, also in conjunction with the Interceptor Sewer improvement
project, wishes to acquire from the Grantor a temporary easement for a period of
eighteen (18) months in, through, over and across a certain portion of land owned by the
Grantor for purposes of material and equipment storage, excavation, and any other use
necessary in conjunction with the installation of the interceptor sewer line.
3. It is the desire of the Grantor to convey the permanent and temporary
easements 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 and temporary easements in, through, over, and across real estate
owned by the Grantor more particularly described on the Engineering Drawings attached
as Exhibits A-C, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of Four Thousand Eight Hundred Nine and 68/100 Dollars ($4,809.68) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(1.999 acres at $1,000 per acre)
$1,999.00
2.
Temporary Easement
(3.774 acres at $500 per acre)
1,887.00
3.
Damages to remaining property
(Loss of crops)
923.68
Total Compensation
$4,809.68
C. Permanent and Temporary Easement Documents. The Grantor agrees
that the permanent and temporary easements 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 D to this Agreement, and a Temporary Easement document
identical to the copy attached as Exhibit E to this Agreement. The Permanent and
Temporary Easement Documents 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 and temporary
easements described in paragraph (A) are 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 .lJ;.¡;&~,~ !() I J 9 f2~ .
At closing the Grantor shall:
1. deliver to the City the fully executed and acknowledged Permanent
and Temporary Easement Documents,
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 tax identification number,
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.
-2-
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 wrrNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
MARY L MARQUELING REVOCABLE
INTER VIVOS TRUST UlDff AUGUST 17,
1982
/
/
þ IJJ ' \
Byrt~' ~~~
Louise Marqueling, us e (J
CITY OF SALINA, KANSAS
7
By ~^
Dennis M. Kissinge
City Manager
-3-
.
11It11111 BUCHER, WilliS & RATLIFF
11It'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 38
Permanent Easement
Owner:
Mary L. Marqueling Revocable Inter-Vivos Trust
A tract of land located in the North Half (N%) of the Northwest Quarter (NW'A) of Section
Thirty-One (31), 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 Northwest comer of said NWA; thence N 88° 55' 36ft E along the North
line of said NWV4 a distance of 551.24 feet; thence S 0° 01' 41ft E a distance of 50.00 feet to
the South Right-Of-Way line of Magnolia Road. said point also being the POINT OF
BEGINNING; thence N 88° 55' 36ft E along the South Right-Of-Way line of Magnolia Road a
distance of 1653.01 feet; thence S 0° 36' 24ft E a distance of 30.00 feet; thence S 88° 55' 36ft
W a distance of 953.84 feet; thence S 0° 05' 04ft E a distance of 1249.97 feet to the South line
of said NY2 of said NW1J4; thence S 89° 18' 38ft W along the South line of said N% of said
NW1J4 a distance of 30.00 feet; thence N 0° 05' 04ft W a distance of 1249.77 feet; thence S 88°
55' 36ft W a distance of 669.47 feet; thence N 0° 01' 41ft W a distance of 30.00 feet to the
POINT OF BEGINNING.
The above described tract contains 1.999 acres more or less.
TRACT NO. 38A
Temporary Construction Easement
Owner:
Mary L. Marqueling Revocable Inter-Vivos Trust
A tract of land located in the North Half (NV2) of the Northwest Quarter (NW1J4) of Section
Thirty-One (31), 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 Northwest comer of said NW/4; thence N 88° 55' 36ft E along the North
line of said NW1J4 a distance of 551.24 feet; thence S 0° 01' 41 ft E a distance of 50.00 feet to
the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF
BEGINNING; thence N 88° 55' 36ft E along the South Right-Of-Way line of Magnolia Road a
distance of 1653.01 feet; thence S 0° 36' 24" E a distance of 80.00 feet; thence S 88° 55' 36.
W a distance of 904.29 feet; thence S 0° OS' 04ft E a distance of 1200.30 feet to the South line
of said NV2 of said NW1f4; thence S 89° 18' 38ft W along the South line of said N% of said
NW% a distance of 110.01 feet; thence N 0° OS' 04 ft W a distance of 1219.56 feet; thence S
88° 55' 36ft W a distance of 639.49 feet; thence N 0° 01' 41 ft W a distance of 60.01 feet to the
POINT OF BEGINNING, less Tract No. 38.
The above described tract contains 3.774 acres more or less.
EXHIBIT A
I
I
J
PERMANENT EASEMENT
Tract No. 38
50.00'
S 0" 01' 41" E
- - ,- - - - - - - - - - - - - - - - -
l ,---
I BEGiNNING
I 30,00'
N 0" 01' 41' W
I I I
I I
II:¡
~ I
I ~
I
I I
I I I
I
I
I
I
I
MAGNOLIA ROAD
1653.01'
N8S" 55' 3
S 8S" 55' 3ft -W
LEGEND
D.
Section Comer
- - - Rood Right-of-Way
L______-- . ] Permanent Easement
E
N
Scale: '"=100'
w
EXHIBIT B
----
30.00'
S rr 36' 24" E
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
MARY I- MARQUELING and LOUISE MARQUELING, CO-TRUSTEES OF THE
MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17,
1982, (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 WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
MARY L MARQUELING REVOCABLE
INTER VIVOS TRUST ulDrr AUGUST 17,
1982
By
Mary L Marqueling, Trustee
By
Louise Marqueling, Trustee
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 MARY L
MARQUELING CO-TRUSTEE OF THE MARY L MARQUELING REVOCABLE
INTERVIVOS TRUST UlDff AUGUST 17,1982, 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 on behalf of the Trust.
EXHIBIT D
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, 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 LOUISE
MARQUELING CO-TRUSTEE OF TIlE MARY L. MARQUELING REVOCABLE
INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 on behalf of the Trust.
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 K.S.A 79-
1437e(a)(13)]
-2-
-
11It11111lt BUCHER, WilliS & RATLIFF
11It'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 38
Permanent Easement
Owner:
Mary l. Marqueling Revocable Inter-Vivos Trust
A tract of land located in the North Half (NY2) of the Northwest Quarter (NWV.) of Section
Thirty-One (31), Township Fourteen South (14S). Range Two West (2W), of the Sixth Principal
MeriÖlan In Saline County, Kansas, being more particularty described as follows:
Commencing at the Northwest comer of said NW'.4; thence N 88° 55' 36w E along the North
line of said NWV. a distance of 551.24 feet; thence S 0° 01' 41 w E a distance of 50.00 feet to
the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF
BEGINNING; thence N 88° 55' 36w E along the South Right-Of-Way line of Magnolia Road a
distance of 1653.01 feet; thence S 0° 36' 24 w E a distance of 30.00 feet; thence S 88° 55' 36w
W a distance of 953.84 feet; thence S 0° 05' 04w E a distance of 1249.97 feet to the South line
of said NY2 of said NWV.; thence S 89° 18' 38w W along the South line of said NY2 of said
NWY. a distance of 30.00 feet; thence N 0° 05' 04w W a distance of 1249.77 feet; thence S 88°
55' 36w W a distance of 669.47 feet; thence N 0° 01' 41w W a distance of 30.00 feet to the
POINT OF BEGINNING.
The above described tract contains 1.999 acres more or less.
EXHIBIT A
I
I
J
l
I I
I I
I ~
I Q
Š
I
I
I
I
PERMANENT EASEMENT
Tract No. 38
50.00'
S (j 01' 41" E
--------------
MAGNOLIA ROAD
r---
I 30.00'
N rr 01' 41. W
I
I
I
I
I
I
I
I
1653.01'
N 88' 55' 36" E
S 88' 55' 36" W
LEGEND
L::ò.
Section Comer
- - - Rood Right-at-Way
L_- J Permanent Easement
0.00'
S 81r 18' 3,
N
Scale: 1'=100'
w
EXHIBIT B
----
30.00'
S rr 36' 24' ¡
TEMPORARY EASEMENf
TIllS INDENTURE, made this - day of , 1992 by and between
MARY I- MARQUELING and WUlSE MARQUELING, CO-TRUSTEES OF THE
MARY I- MARQUELING REVOCABLE INTERVIVOS TRUsr UlDrr AUGUST 17,
1982, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the
"City").
wrrNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey
unto the City, a temporary 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
Temporary Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of material and equipment storage,
excavation, and any other use necessary in conjunction with the installation of the interceptor
sewer line, for a term of eighteen (18) months commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor have signed this Temporary Easement this
- day of , 1992.
MARY L. MARQUELING REVOCABLE
INTERVIVOS TRUST ulDrr AUGUST 17,
1982
By
Mary L. Marqueling, Trustee
By
Louise Marqueling, Trustee
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 MARY L
MARQUELING CO-TRUSTEE OF THE MARY I- MARQUELING REVOCABLE
INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 on behalf of the Trust.
EXHIBIT E
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, 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 LOUISE
MARQUELING CO-TRUSTEE OF THE MARY I- MARQUELING REVOCABlE
INTERVIVOS TRUST OID/f AUGUST 17,1982, 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 on behalf of the Trust.
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 pursuant to K.S.A 79-
1437e(a)(13)]
-2-
-
1811118 BUCHER, WilliS & RATLIFF
11It'1'11II..... ENGINEERS. PLANNERS. ARCHiTECTS
THAt.; I NU. ,jö/"\
Temporary Construction Easement
Owner:
Mary L Marqueling Revocable Inter-Vivos Trust
A tract of land located in the North Half (NY2) of the Northwest Quarter (NW~) of Section
Thirty-One (31), Township Fourteen South (14S), Range Two West (2W) , of the Sixth Prindpal
Meridian in Saline County, Kansas, being more particularty described as follows:
.Commencing at the Northwest comer of said NW1.4; thence N 88° 55' 36" E along the North
line of said NW1,4 a distance of 551.24 feet; thence S 0° 01' 41~ E a distance of 50.00 feet to
the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF
BEGINNING; thence N 88° 55' 36~ E along the South Right-Of-Way line of Magnolia Road a
distance of 1653.01 feet; thence S 0° 36' 24" E a distance of 80.00 feet; thence S 88° 55' 36-
W a distance of 904.29 feet; thence S 0° OS' 04" E a distance of 1200.30 feet to the South line
of said NY2 of said NW1I4; thence S 89° 18' 38~ W along the South line of said NY2 of said
NW1,4 a distance of 110.01 feet; thence N 0° OS' 04 ~ W a distance of 1219.56 feet; thence S
88° 55' 36~ W a distance of 639.49 feet; thence N 0° 01' 41 ~ W a distance of 60.01 feet to the
POINT OF BEGINNING, less Tract No. 38.
The above described tract contains 3.774 acres more or less.
EXHIBIT A
I
I
J
l I ~
I BEGINNING
I 60.01'
I I I II f] 01' .W W
I I
I ~
~ I
I ~
I
I I
I I I
I
I
I
I
I
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 38A
50.00'
S (j 01' 41' E
-------------
MAGNOUA ROAD
LEGEND
N
ð.
Section Comer
- - - Rood Right-at-Way
V / / /, f~r;:~~~7 Construction
Scele: 1"=100'
110.01'
S8g' 18'
w
~
H
H
~
H
~
~
----
80.00'
S 0' 36' 24' E