NW4-35-T14S-R3W (Tract 28)
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Misc. Bk A. t;::l,
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PERMANENT EASEMENT
TIllS INDENTURE, made this .kl:t1:::. day of5e.(1fe:".,..~1992, by and between
COM CO. OF KANSAS, a Kansas corporation, (the "Grantor"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WffNESSEfH: 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; provided, however, that if such use shall
permanently cease, this permanent easement shall terminate and shall revert to the
underlying property owner.
COVENANTS: 1. Loss of Crops. 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.
2. Use of Easement. The City acknowledges that the land
to which this Permanent' Easement applies may be used for such purposes as do not
interfere with the public purpose of the easement, including such uses as a paved parking
lot or street; provided, however:
A.
Any cost incurred in order to access the public utility lines located in
the easement or to restore the non-conflicting use shall be the
responsibility of the Grantor, or its successors and assigns.
B.
In no event shall the placement or construction of a structure (as
defined in the Salina Code) be permitted upon the easement.
IN WffNESS WHEREOF, the Grantor has signed this Permanent Easement this
~ day of ~~t!....~ 1992. .
,,-'" ..,,'v...., I. j ') "L_JrJRRECO",.
COUNTYOFSALlNEJ ~5. " ¡v! IN MYOFFICEAT
S:t~CLOCI( S~2 :~~~~~~ By: ~.
~~.J" . ATPAG:-_S:!:- 51 f Robert L. Marietta, President
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ day of ~, 1992, before me, the
':J:1:j y!~:~~in and :'/~~~dd state af~~e~~ ~~~
COM CO. OF KANSAS
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Kan~s, a Kansas corporation, 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 corporation.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affIXed my
official seal the day and year last above written.
~~ rOTARY PU8UC . St1!J of Kaasas
":;';,1. JOYCE HARDISTY
,.j,~4~~:~!!l-r-o/.2 J
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I Not Public
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
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Misc. Bk. I...~~ Pg ~/1.-.
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1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 28
Permanent Easement
Owner:
COM Co.
A tract of land located in the Northwest Quarter (NW/~) of Section Thirty-Ave (35),
Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian in
Saline County, Kansas, being more particularly desaibed as follows;
Commencing at the Southwest Comer of said NWA; thence S 89° 59' 50" E along the
South One of said NW1A a distance of 130.04 feet to the East Right-of-Way line of the Union
Pacific Railroad, said point also being the POINT OF BEGINNING; thence continuing S 89° 59'
50" E along said South line of said NW1A a distance of 54.46 feet; thence N 0° 18' 26" W along
a line 54.46 East of and parallel to the East Right-Of-Way line of the Union Pacific Railroad a
distance of 254.00 feet; thence S 8go 41' 34" W a distance of 54.46 feet to the East Rlght-
Of-Way line of the Union Pacific Railroad; thence S 0° 18' 26" E along said East Railroad Rlght-
Of-Way a distance of 253.71 feet to the POINT OF BEGINNING.
The above described tract contains .317 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No. 28
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LEGEND
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Section Comer
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- - - Road Right-of-Way
, Permanent Easement
, 30.04'
S 89' 59' 50" E
54.46'
S 89" 41' 34- W
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EXHIBIT B
SW of
NW' /4 Sec. 35
T'4S R3W
II
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AGREEMENT
This Agreement is made this /a+/.- day of Se..pl~ ~ 1992, by and between
COM CO. OF KANSAS, a Kansas corporation, 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 Drawing attached as Exhibits A-
B, to this Agreement. .
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of One Thousand Two Hundred Thirty-eight and 22/100 Dollars ($1,238.22) for the
permanent easement, consisting of the following:
1.
Permanent Easement
(.317 acres at $1,577.29 per acre)
$500.00
2.
Damages to remaining property
(loss of crops $50.72;
permanent fence $687.50)
738.22
Total Compensation
$1,238.22
C. 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.
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 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
At closing the Grantor shall:
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1. deliver to the City the fully executed and acknowledged Permanent
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. Between the date of this Agreement and closing, 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.
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IN WffNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
COM CO OF KANSAS
BY~'~.
Social Sec. !fax ID No. "tg-o~ ~ 51"" L
CITY OF SALINA, KANSAS
By ~
Dennis M. Kissing,
City Manager
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1811111 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 28
Permanent Easement
Owner:
COM Co.
A tract of land located in the Northwest Quarter (NWV~) of Section Thirty-Five (35),
Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian in
Saline County, Kansas, being more particularly described as follows;
Commencing at the Southwest Comer of said NWA; thence S 89° 59' 50" E along the
South line of said NWV~ a distance of 130.04 feet to the East Right-of-Way line of the Union
Pacific Railroad, said point also being the POINT OF BEGINNING; thence continuing S 89° 59'
50" E along said South line of said NW1A a distance of 54.46 feet; thence N 0° 18' 26" W along
a line 54.46 East of and parallel to the East Right-Of-Way line of the Union Pacific Railroad a
distance of 254.00 feet; thence S 89° 41' 34w W a distance of 54.46 feet to the East Right-
Of-Way line of the Union Pacific Railroad; thence S 0° 18' 26" E along said East Railroad Right-
Of-Way a distance of 253.71 feet to the POINT OF BEGINNING.
The above described tract contains .317 acres more or less.
EXHIBIT A
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Scale: 1"=100'
W of
NW1 /4 Sec. 35
T14S R3W
PERMANENT EASEMENT
Tract No. 28
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LEGEND
Section Comer
- - - Road Right-at-Way
I Permanent Easement
54.46'
S 89" 41' 34- W
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EXHIBIT B
PERMANENT EASEMENT
TIllS INDENTURE, made this - day of , 1992, by and between
COM CO. OF KANSAS, a Kansas corporation, (the "Grantor"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WffNESSEfH: 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; provided, however, that if such use shall
permanently cease, this permanent easement shall terminate and shall revert to the
underlying property owner.
COVENANTS: 1. Loss of Crops. 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.
2. Use of Easement. The City acknowledges that the land
to which this Permanent Easement applies may be used for such purposes as do not
interfere with the public purpose of the easement, including such uses as a paved parking
lot or street; provided, however:
A
Any cost incurred in order to access the public utility lines located in
the easement or to restore the non-conflicting use shall be the
responsibility of the Grantor, or its successors and assigns.
B.
In no event shall the placement or construction of a structure (as
defined in the Salina Code) be permitted upon the easement.
IN wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this
~day of ç@¡o+. ,1992.
COM CO. OF KANSAS
By:
~£~
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
of Com Co. of
EXHIBIT C
Kan~s, a Kansas corporation, 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 corporation.
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-
1811118 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 28
Permanent Easement
Owner:
COM Co.
A tract of land located in the Northwest Quarter (NW1A) of Section Thirty-Ave (35),
Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian in
Saline County, Kansas, being more particularly desaibed as follows;
Commencing at the Southwest Comer of said NWA; thence S 890 59' 50. E along the
South line of said NW1A a distance of 130.04 feet to the East Rlght-Qf-Way line of the Union
Pacific Railroad, said point also being the POINT OF BEGINNING; thence continuing S 890 59'
SO" E along said South line of said NWV4 a distance of 54.46 feet; thence N 00 18' 26" W along
a line 54.46 East of and parallel to the East Right-Of-Way line of the Union Pacific Railroad a
distance of 254.00 feet; thence S 8go 41' 34" W a distance of 54.46 feet to the East Right-
Of-Way line of the Union Pacific Railroad; thence S 00 18' 26" E along said East Railroad Right-
Of-Way a distance of 253.71 feet to the POINT OF BEGINNING.
The above described tract contains .317 acres more or less.
EXHIBIT A
N
Scale: 1"=100'
W of
NW1 /4 Sec. 35
T14S R3W
PERMANENT EASEMENT
Tract No. 28
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LEGEND
Section Comer
- - - Road Right-ot-Way
, Permanent Easement
54.46'
S 89" 41' 34- W
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EXHIBIT B