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SW4-35-T14S-R3W (Tract 29) ,~ ... Misc. Bk ., '>- .; Pg 5'1 tJ- PERMANENT EASEMENT THIS INDENTURE, made this ~day of Q¿.~,u.d , 1992, by and between MICHAEL C. BROWN and ELEO BETH BROWN a/kt ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, (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 ;21'blday of C1~K , 1992. MICHAEL C. BROWN TRUST STATE OF KANSAS l sS"../~.,) COUNTY OF SALINE S 'I ,- fiLED fOR RECORD IN MY OFfiCE ON. SEP 3 0 1992 AT 8': !I.ØJ'CLOCM£t,.. AN~ RECOR~.!I> ¡a. S.n ~~~ (; ~ ð~ ~..J 'L1 'VOL ~ T PAG I Eleo Beth Brown a!kJa /'T)Á kL'~ EG. OF DEEDS Eleonora E. Brown, Trustee ELEO BETH BROWN a!kJa ELEONORA E. BROWN TRUST . L' f) //13; ¿;.I2..l?~ 1;) ¿2-t, ~,~v"Y""/ Eleo Beth Brown a!kJa Eleonora E. Brown, Trustee v , .. STATE OF KANSAS, SALINE COUNTY, ss: Misc. Rk ..J.I) ~ !>g Sc2 ~ BE IT REMEMBERED, that on this <1'}~ day of ~iv'".;{-, 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came MICHAEL C. BROWN and ELEO BETH BROWN a/kIa ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, 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 on behalf of the Trusts. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~=~~ J :"-\ ~" c ):C¿"¥'J.A,... ~~"L_- j Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79- 1437e(a)(13)] -2- 0' , -'.' '. ',isc '11, ,~Pg r:5: .2./- 11I11111t BUCHER, WilliS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 29 Permanent Easement Owner. Michael C. Brown Trust A tract of land located in the Southwest Quarter (SWV~) 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 Southeast comer of said SWV~; thence N 0° 02',04w W along the East line of said SWV~ a distance of 1379.00 feet to the North line of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF BEGINNING; thence N 89° 49' 47w W along the North line of said Hollybrooke Addition, and the North line of Reserve" A W of the Wheatridge Addition to the City of Salina. Kansas a distance of 899.21 feet to the Northwest comer of said Reserve wAw; thence N 0° 20' 21w W along the East line of said Wheatrldge Addition a distance of 260.00 feet to the Northeast comer of an Existing Easement held by the City of Salina, Kansas, Deed Book 120, Page 45; thence N 89° 49' 48w Walong the North line of said Easement, and 10.00 feet North of and parallel to the North line of Wheatridge Addition a distance of 1593.50 feet, said point being 24.94 feet East and 10.00 feet North of the Northwest comer of said Wheatridge Addition, also said point being on the East line of an Easement 'held by the Kansas Power and Ught Company, Deed Book 126, Page 496; thence N 0° 22' 35w W along the East line of said KP&l Easement a distance of 1006.68 feet to the North line of said Southwest Quarter; thence S 89° 59' 50w E along said North line of said SW1/~ a distance of 30.00 feet; thence S 0° 22' 35" E a distance of 986.76 feet; thence S 89° 49' 48w E a distance of 1593.50 feet; thence S 0° 20' 21" E a distance of 250.00 feet; thence S 89° 49' 47w E a distance of 869.37 feet to the East line of said SW%; thence S 0° 02' 04w E along said East line of said SW1/~ a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 2.202 acres more or less. t:XHlIHT A ~ a:! "- ~ --- PERMANENT EASEMENT Tract No, 29 S 89'--59' 5f! E p::¡ Eo-; H p::¡ H ~ W N LEGEND "." ¡:o;; ð. Section Comer J¿ ;:¡-, - - - Road Right-at-Way I -- j Permanent Easement Scale: 1"=100' I I I I I I I I I I S 89" -4-9' ~ E )~': ON 0 ÓO ",N N ~ b ~ I ~ I õ ~ I ~ I I I I 1593.50' N 89" -4-11' 48" W (I) .I~ N 010 N 30,00' S 0' 02' O~. E b z 869.37' S 69" 49' 4' 0 ,., POINT OF BEGINNING/ 1379.00' N 0' 02' 04" W SE Cor, ot SW1/4 Sec. 35 T14S R3W SCHIWNG ROAD J ~ d'. 0 ~~ , - AGREEMENT This Agreement is made this ]* day of Utxd , 1992, by and between MICHAEL C. BROWN and ELEO BETH BROWN a ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, 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. 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 One Thousand Five Hundred Three and 72/100 Dollars ($1,503.72) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (2.202 at $450 per acre) $990.90 2. Temporary Easement (.300 acres at $375 per acre) 112.50 2. Damages to remaining property (loss of crops) 400.32 Total Compensation $1,503.72 C. Permanent and Temporary 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 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 )J..t,l~z '- ::r) I J t¡ 1j;2 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 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. -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 WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. MICHAEL C. BROWN TRUST -' /. 1 LJ 4'"2.. Bid .-' -- ¿- L-/ /Z-C~ chael C. Brown, Trustee ax ID No. ¡ By tØ:~ ß _P.;¿-:t. ~ .~ Eleo Beth Brown a!kJa Eleonora E. Brown, Trustee ELEO BETH BROWN a!kJa ELEONORA E. BROWN TRUST By ¿~ ¡J~'-/, ~~J Eleo Beth Brown a!kJa Eleonora E. Brown, Trustee ¡/"tax ID No.5ïo-/ o'-t!r:.s3 CITY OF SALINA, KANSAS -3- Iltllilit BUCHER, WILLIS & RATLIFF II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 29 Permanent Easement Owner: Michael C. Brown Trust A tract of land located in the Southwest Quarter (SW~) 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 Southeast comer of said SW'/~; thence N 0° 02' '04w W along the East line of said SWV~ a distance of 1379.00 feet to the North line of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF BEGINNING; thence N 89° 49' 47w W along the North line of said Hollybrooke Addition, and the North line of Reserve W A W of the Wheatridge Addition to the City of Salina. Kansas a distance of 899.21 feet to the Northwest comer of said Reserve W A "; thence N 0° 20' 21 W W along the East line of said Wheatridge Addition a distance of 260.00 feet to the Northeast comer of an Existing Easement held by the City of Salina, Kansas, Deed Book 120, Page 45; thence N 89° 49' 48w W along the North fine of said Easement, and 10.00 feet North of and parallel'to the North line of Wheatridge Addition a distance of 1593.50 feet, said point being 24.94 feet East and 10.00 feet North of the Northwest comer of said Wheatridge Addition, also said point being on the East line of an Easement tleld by the Kansas Power and Ught Company, Deed Book 126, Page 496; thence N 0° 22' 35" W along the East line of said KP&L Easement a distance of 1006.68 feet to the North line of said Southwest Quarter; thence S 89° 59' 50w E along said North line of said SW'/~ a distance of 30.00 feet; thence S 0° 22' 35" E a distance of 986.76 feet; thence S 89° 49' 48w E a distance of 1593.50 feet; thence S 0° 20' 21" E a distance of 250.00 feet; thence S 89° 49' 4r E a distance of 869.37 feet to the East line of said SWV4; thence S 0° 02' 04" E along said East line of said SW~ a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 2.202 acres more or less. TRACT NO, 29A Temporary Construction Easement ü'wner: Michael C. Brown Trust A tract of land located in the Southwest Quarter (SW'.4) 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 Southeast comer of said SW~; thence N 0° 02' 04" W along the East line of said SW% a distance of 1379.00 feet to the North line of the Hollybrooke Addition to the City of Salina, Kansas; thence continuing N 0° 02' 04" W along said East line of said SWV~ a distance of 30.00 feet to the POINT OF BEGINNING; thence N 89° 49' 4r W along a line parallel to and 30.00 feet North of the North line of said i-:ollybrooke Addition, and the North line of Reserve "A" of the Wheatridge Addition to the City of Salina, Kansas a distance of 869.37 feet; thence N 0° 20' 21" W a distance of 15.00 feet; thence S 89° 49' 47" E a distance of 869.45 feet to the East line of said SW'/4; thence S 0° 02' 04" E along said East line of said SW% a distance of 15.00 feet to the POINT OF BEGINNING, The above described tract contains ,300 acres more or less, """TnT"" . I I I I I I I I I I I I I I I I I ~ I ~ I ~ I ~ I I I I 1593.50' N 89' 49' ~ W ð. PERMANENT EASEMENT Tract No. 29 0 N b z N - - - Rood Right-ot-Woy L- - I Permanent Easement LEGEND Section Comer Scale: '".'00' VI 0 ,., 869.37' S 89' 49' 4 POINT OF BEGINNING 1379.00' N (J" 02' 04" W SCHIWNG ROAD p::¡ H H p::¡ H ~ ~ 30,00' S (J" 02' 04" E '. SE Cor. of ~. T14S R3W ~ - --- TEMPORARY CONSTRUCTION EASEMENT Tract No. 29A LEGEND L::. Section Comer - - - Road Right-at-Way V / / / ~ ~~r;!~~~7 Construction 15.00' N 0' 20' 21" W Tract 29 869.37' N 89" 4S' 4 N Scale: '"='00' ~ S 89" 49' 4¡ E W --- SCHILLING ROAD U H H ¡:Q H ~ ~ 15.00' S 0' 02' 04' E IN 30,00' N 0' 02' 04" W ~ . 'I'" ~o "'Ñ ~o -I, 0 Z SE ,or, of SW1 4 Sec, 35 T14S R3W PERMANENT EASEMENT THIS INDENTURE, made this - day of , 1992, by and between MICHAEL C. BROWN and ELEO BETH BROWN a/kIa ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, (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 - day of , 1992. MICHAEL C. BROWN TRUST By Michael C. Brown, Trustee By Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee ELEO BETH BROWN a/k/a ELEONORA E. BROWN TRUST By Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee By Michael C. Brown, Trustee EXHIBIT D 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 MICHAEL C. BROWN and ELEO BETH BROWN a/kIa ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, 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 on behalf of the Trusts. 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- '.. 11I11111t BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 29 Permanent Easement Owner: Michael C. Brown Trust A tract of land located in the Southwest Quarter (SW~) of Section Thirty-Five (3S), 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 Southeast comer of said SW1/~; thence N 00 02'. 04- W along the East line of said SW'/~ a distance of 1379.00 feet to the North line of the HOllybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF BEGINNING; thence N 89° 49' 47w W along the North line of said Hollybrooke Addition, and the North line of Reserve wN of the Wheatridge Addition to the City of Salina, Kansas a distance of 899.21 feet to the Northwest comer of said Reserve wAw; thence N 00 20' 21- W along the East line of said Wheatridge Addition a distance of 260.00 feet to the Northeast comer of an Existing Easement held by the City of Salina, Kansas, Deed Book 120, Page 45: thence N 890 49' 48w Walong the North line of said Easement, and 10.00 feet North of and parallel to the North line of Wheatridge Addition a distance of 1593.S0 feet, said point being 24.94 feet East and 10.00 feet North of the Northwest comer of said Wheatridge Addition, also said point being on the East line of an Easement 'held by the Kansas Power and Ught Company, Deed Book 126, Page 496: thence N 00 22' 3Sw W along the East line of said KP&L Easement a distance of 1006.68 feet to the North line of said Southwest Quarter; thence S 890 59' SO' E along said North line of said SW'.4 a distance of 30.00 feet; thence S 0° 22' 35- E a distance of 986.76 feet; thence S 89° 49' 48w E a distance of 1593.50 feet; thence S 00 20' 21W E a distance of 2S0.00 feet; thence S 890 49' 47w E a distance of 869.37 feet to the East line of said SWV4: thence S 00 02' 04w E along said East line of said SW'.4 a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 2.202 acres more or less. EXHiBiT A --- ---------- ------- UNION PACIFIC RAILROAD ~I E ~I ;u ~I 4"- . 'i :E z q~ ~~ 0° "'. C? ~ " 0 ~ 0 .., w ,., '" z z Z '" z 00 "1- (I 4"-'" tOe.. '¡" q 30' II! 00 "100 t~ 'e.. 4"-':1 II! q :;:? .0 oq -":, ,., -- N f1' 22' 3 III 00 "I 4"- "! 20' ~ . T w ------- -1- ~¡ t> !~ '" ;U ~ i a ::> ;U ~ ~ '" ï a 0 :: ì ~ t- ;:. '< II! G ~ õ' ::> 0 0 3 ~ II! 0 a !". ~. . =- Z .!'. 0 q EXHIBIT B (I . q '" ïJ fTI ~I ~~I 0 fTI () Z """-1 ~~ (J) NfTI <.03:: ~I -I TEMPORARY EASEMENT THIS INDENTURE, made this - day of , 1992 by and between MICHAEL C. BROWN and ELEO BETH BROWN a/kIa ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST,(the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: 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 has signed this Temporary Easement this - day of , 1992. MICHAEL C. BROWN TRUST By Michael C. Brown, Trustee By Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee ELEO BETH BROWN a/k/a ELEONORA E. BROWN TRUST By Eleo Beth Brown a/k/a Eleonora E. Brown, Trustee By Michael C. Brown, Trustee EXHIBIT E 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 MICHAEL C. BROWN and ELEO BETH BROWN a/kIa ELEONORA E. BROWN, as Trustees of THE MICHAEL C. BROWN TRUST, AND OF THE ELEO BETH BROWN a/kIa ELEONORA E. BROWN TRUST, 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 on behalf of the Trusts. 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- 11111111 BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 29A Temporary Construction Easement Owner: Michael C. Brown Trust A tract of land located in the Southwest Quarter (SWV4) 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 Southeast comer of said SW1f4; thence N 0° 02' 04" W along the East line of said SW1f4 a distance of 1379.00 feet to the North line of the Hollybrooke Addition to the City of Salina. Kansas; thence continuing N 00 02' 04" W along said East line of said SW1f4 a distance of 30.00 feet to the POINT OF BEGINNING; thence N 890 49' 47" W along a line parallel to and 30.00 feet North of the North line of said i~ollybrooke Addition, and the North line of Reserve. A" of the Wheatridge Addition to the City of Salina. Kansas a distance of 869.37 feet; thence N 0° 20' 21" W a distance of 15,00 feet; thence S 89° 49' 47" E a distance of 869.45 feet to the East line of said SW1/4; thence S 0° 02' 04" E along said East line of said SW1/4 a distance of 15.00 feet to the POINT OF BEGINNING, The above described tract contains ,300 acres more or less, F,XHTRTT ^ TEMPORARY CONSTRUCTION EASEMENT Tract No, 29A N LEGEND ~ Section Comer - - - Rood Right-ot-Woy V / / /~ Temporary Construction Easement Scale: 1'=100' 15.00' N CT 20' 21" W ~ S 89" 4~' 4í E Tract 29 869.37' ~n!9" 49' 4 w SCHILLING ROAD ~ H H ~ H ~ ~ ~ S CT 02' 04' E MNIN 30,00' N (j 02' 0+ w ~ 'I"" go 0;, ,," ",0 -'b z r. of SW1/4 See, 35 T14S R3W